Terms, conditions & software license

Important:

• ARaction is currently under development. Planned completion date is early 2018. Date of delivery may be postponed if there are any delays.
• Prices for software licenses in this web shop are non-binding offers. Prices for services and hardware items are cost estimations only. After placing your order we will check all details manually and get back to you. A valid sales contract will only be concluded after we have confirmed your order in writing.

License Summary for ARaction FREE

• License expires after 6 months.
• Can be used in 1 project.
• Commercial use NOT allowed.
• No support provided.

License Summary for ARaction BASIC

• License does not expire.
• Can be used in 2 projects.
• Commercial use allowed.
• Support provided as follows:
  1 month technical support included via support forum and support ticket system ().
  (support extension available)

License Summary for ARaction PRO

• License expires after 12 months, if not renewed.
  (Automatic extension by another 12 months each if subscription is not canceled in writing two months before expiration.)
• Can be used in 8 projects.
• Commercial use allowed.
• Support provided as follows:
  12 months priority support via forum, support ticket system () & premium support chat.

Additional terms for ARaction FREE, BASIC and PRO:

• Attribution to software creator must be made as specified:
  If you are using ARaction for public presentations, you have to attribute us in the following way: “Presentation powered by ARaction.”
• You are NOT allowed to modify the source code and distribute modifications (derivative works).
• You are NOT allowed to resell ARaction Software or sell services that are delivered by using ARaction Software or strongly connected to ARaction Software (e. g. customization, setup or support services) to third parties. If you want to resell ARaction licenses to your customers or use it in payed third-party projects, please contact ARaction GmbH for an individual offer.
• ARaction is currently under development and updated regularly. Therefore, we can not guarantee that it is completely free of bugs. ARaction GmbH assumes no responsibility, and disclaims all liability for damage resulting from the use of our software products. It is the responsibility of the user to check for updates regularly and report any issues that may occur during use to ARaction GmbH.
  For details, read paragraph 5 (Upgrades, Updates and Fixes), 7 (Liability) and 8 (Warranty) below.
• Parts of the software are provided under separate licenses, as follows:
  a) Tango software is licensed under Apache, Version 2.0. http://www.apache.org/licenses/LICENSE-2.0
  b) The license under which the WordPress software is released is the GPLv2 (or later) from the Free Software Foundation. A copy of the license is included with every copy of WordPress, but you can also read the text of the license here: https://wordpress.org/about/gpl/ IMPORTANT: The GPL license is applied on WordPress related software parts only! All other software parts (e. g. our mobile apps) are not affected by GPL license.

ARaction – Terms and conditions

1. Preamble: This Agreement, signed on the date of your order (hereinafter: Effective Date) governs the relationship between Customer, a Private Person or a Business Entity, (hereinafter: Licensee) and ARaction GmbH, a duly registered company in whose principal place of business is Graben 1, 84378 Dietersburg (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using ARaction (hereinafter: The Software) created and owned by Licensor, as detailed herein
2. License Grant: Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Commercial, Royalty free, Excluding the rights to distribute derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
   1. Limited: Licensee may use Software for the purpose of:
      1. Running Software on Licensee’s Mobile Device[s] and Server[s];
      2. Allowing 3rd Parties to run Software on Licensee’s Device[s] and Server[s];
      3. Presenting Software’s output to Licensee and 3rd Parties;
      4. Distribute verbatim copies of Software’s output;
   2. It is not allowed to modify Software in any way.
   3. The license for ARaction FREE and BASIC is granted perpetually, as long as you do not materially breach it.
      The license for ARaction PRO is granted for 12 months, as long as you do not materially breach it.
   4. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
   5. Commercial, Royalty Free: Licensee may use Software for any purpose, including paid-services, without any royalties
   6. Excluding the right to Distribute Derivative Works: Licensee may NOT create and distribute derivative works based on Software, like amending Software’s source code, modifying it, integrating it into a larger work or removing portions of Software.
   7. Attribution Requirements: If you are using ARaction for public presentations you have to attribute us in the following way: “Presentation powered by ARaction.”
   8. [Multi-]Device usage: Licensee may use Software on as much devices as he has selected during licensing process. Additional device licenses can be bought later if needed.
   9. With support & maintenance: Licensor shall provide Licensee support and maintenance as follows –
      a) Service-level agreement (SLA) for ARaction BASIC: 1 month technical support included, via forum and support ticket system ().
      b) Service-level agreement (SLA) for ARaction PRO: 12months priority support via forum, support ticket system () & premium support chat.
3. Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee :
   1. became insolvent or otherwise entered into any liquidation process; or
   2. exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
   3. Licensee was in breach of any of this license’s terms and conditions and such breach was not cured, immediately upon notification; or
   4. Licensee in breach of any of the terms of clause 2 to this license; or
   5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
4. Payment: In consideration of the License granted under clause 2, Licensee has to pay Licensor a fee, via Credit-Card, PayPal or any other mean which was agreed on during the licensing process. Failure to perform payment shall construe as material breach of this Agreement.
5. Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor may provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
   1. Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0.
   2. Updates: for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
   3. Fix: for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the The Software’s functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2.
6. Support: Software is provided with limited support, as detailed in the Software’s SLA detailed under the License Grant. Licensor shall provide support via above mentioned support channels on regular business days  (Mo-Fri 11:00 – 19:00 CET).
   1. Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor’s request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
   2. Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.
7. Liability:  To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software  and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services.  Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.
8. Warranty:  
   1. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
   2. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s Server[s] and Website[s].
   3. Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software’s incompatibility, performance, results and features, and warrants that he inspected the The Software.
9. No Refunds: Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.
10. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor’s intellectual property rights or Licensor’s title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
11. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full. Place of Jurisdiction is Dietersburg, Germany. The contractual relationship of Licensee and Licensor is subject to the law of the Federal Republic of Germany with the exclusion of UN purchasing law (CISG) and excluding conflict of laws.

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