End User License Agreement (EULA)

PATmonitor® Full Version

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR THE USAGE OF PATmonitor CAREFULLY BEFORE USING THIS SITE. By using this site and after having downloaded and/or installed PATmonitor, you, the end user (licensee) signify your agreement to these Terms and Conditions. If you disagree with these Terms and Conditions, do not use this site or PATmonitor.

This is a legally binding license agreement between you, the end user and licensee (natural or legal person) and EIDOLOGIC GmbH concerning PATmonitor (LITE, PLUS, and/or PRO) (hereinafter the SOFTWARE). The enclosed SOFTWARE comprises source code, data, files, and graphics. If you disagree with the Terms and Conditions of this agreement, you are not entitled to download, install, or copy the SOFTWARE or use it otherwise. EIDOLOGIC reserves all rights which are not expressively granted by this agreement.

All versions of PATmonitor (LITE, PLUS, PRO) enable the user to download selectively documents from public patent databases.

1. GRANT OF LICENSE

EIDOLOGIC GmbH grants you a license to use the SOFTWARE which is limited to one year. The right of usage will be extended for a further year, if you have not cancelled the right of usage 30 days before the expiry of the respective year of contract in written form. The annual license fee is due on the first day of the respective year of contract. If the license fee is not paid within 30 days following this day, the license will expire. Licenses which are not expressly permitted remain with EIDOLOGIC GmbH.

1.1 Permitted Usage

You are entitled, to install and use the contracted SOFTWARE on a single computer. You are also entitled to install the SOFTWARE on a network under the condition that the SOFTWARE is used only on computers for which the license rights have been acquired. The SOFTWARE is 'in use', if it is in the temporary or permanent memory of the computer. You are also permitted to make a single back-up copy of the SOFTWARE to be used for the sole purpose of replacing the original copy should it become corrupted or otherwise non-functional.

1.2 Illegal Usage

t is prohibited to provide third parties with the licensed version of the SOFTWARE. You are also not entitled to copy any documentation or the original SOFTWARE; to let, rent or sub-license the SOFTWARE or to provide third parties with the SOFTWARE in a way which is not explicitly permitted; every development of software based on our SOFTWARE is prohibited. You are not entitled to remove any copyright notice concerning the SOFTWARE or other enclosed data.

2. COPYRIGHT

The SOFTWARE is licensed to you, not sold. All rights (legal claims, rights of ownership, intellectual property rights) concerning the SOFTWARE remain with EIDOLOGIC GmbH. The SOFTWARE is protected by copyright and international treaties. You are prohibited to copy materials and/or information enclosed in the SOFTWARE, excluding a backup. These copies must contain all copyright information and license agreement information enclosed in the SOFTWARE.

3. LIMITATIONS OF USAGE

You are prohibited to modify, change, translate, redevelop, decompile, or disassemble the SOFTWARE. You are also prohibited to lend, sell or license the SOFTWARE. The SOFTWARE is licensed as a single product to the licensee.

4. WARRANTY

The SOFTWARE is warranted for a period of six months from the date of license purchase. If the SOFTWARE becomes damaged or non-functional within the warranty period, EIDOLOGIC GmbH will repair or replace the SOFTWARE at its option.

5. EXCLUSION OF WARRANTY

5.1 Assurances

The SOFTWARE PRODUCT will be delivered according to state-of-the-art. The assurance of features must be done in written form. This is also valid for information concerning license fees or additions and enhancements.

The warranty is excluded concerning the following items:

Actuality, correctness, completeness, structure and content of the downloaded data from the Internet
Costs caused by services concerning the dial-up access to the database or the downloading of data
Unilateral modification by the database provider, e.g. a modification of the local node, may limit the functionality of the SOFTWARE. EIDOLOGIC GmbH will provide updates to adapt to changes as far as it is technically possible and reasonable

5.2 References and Links

In case of direct or indirect references to external Internet pages ("links") which do not belong to EIDOLOGIC's area of responsibility, EIDOLOGIC may only be liable if EIDOLOGIC is informed about its contents and it is technically possible and reasonable for EIDOLOGIC to prevent the access of the Internet pages with the illegal contents. EIDOLOGIC assures that the respective Internet pages were free of any illegal content at the time of providing the links. EIDOLOGIC has no influence on the actual and future design and contents of the linked/referenced Internet pages. Therefore, EIDOLOGIC explicitly excludes any responsibility for all contents of all linked/ referenced Internet pages which have been modified since the initial setting of the links. This statement is valid for all links and references which have been set within EIDOLOGIC's own Internet pages and for external entries in EIDOLOGIC's visitors' books, discussion panels/ chat rooms and mailing lists. For illegal, incorrect or incomplete contents and especially for damages which result of the usage or non-usage of such information, only the owner of the referenced Internet page is liable and not the one who links to such a publication.

5.3 Copyright Right of Marking

EIDOLOGIC promises to obey the copyrights of the used graphics, audio documents, video sequences and texts, to use graphics, audio documents, video sequences and texts developed by EIDOLOGIC, or to use graphics, audio documents, video sequences and texts which are free of license (public domain). All trademarks used within the Internet offer and/or protected by third parties are subjected without limitation to the regulations of the valid trademark laws and right of ownership of the registered owners in each case. The mere provision of a trademark does not lead to the conclusion that there is no legal protection. The copyright for published and designed objects by EIDOLOGIC remains exclusively with EIDOLOGIC. A duplication/copy or usage of such graphics, audio documents, video sequences and texts in other electronic or printed publications is not allowed without EIDOLOGIC's explicit approval.

5.4 Data Protection

As far as the Internet offer comprises of the entry of personal or business data (email addresses, names, postal addresses), the user's provision of data is on a voluntary basis. The availment and payment of all offered services is allowed - as far as technically possible and reasonable - also without provision of such data or under provision of anonymous data or an alias.

5.5 No Further Warranties

In compliance within the legal limitations, the author rejects all further warranties concerning the SOFTWARE and the materials enclosed. Independently from explicit or implied warranties, including - but not limited to - implied warranties concerning capability and applicability for a specific object.

5.6 Damages and Defects

If EIDOLOGIC GmbH cannot be charged an asserted damage or defect, EIDOLOGIC GmbH is entitled to invoice you the time involved and the costs incurred. You will support EIDOLOGIC GmbH in the debugging process and if necessary create or print out help information. EIDOLOGIC GmbH is entitled to bypass an error, if this error can only be eliminated at inadequate expenses and the usage of the SOFTWARE is not affected considerably. If EIDOLOGIC GmbH does not succeed in realizing the rework within an adequate period of time and also not within an adequate additional respite, you are entitled to retreat from the contract or to reduce the purchase license fee adequately. In case of an advanced contract termination, you will accept to be charged adequately with the costs incurred by usage. The user is responsible not to offend against the access rules of database servers.

5.7 No Liability for Consequential Damage

Within the legal limitations, the author is not liable for any damage regardless of which legal argument, and without limitation to direct or indirect damage by loss of profit, business interruption, loss of business information or any other damage of assets due to the usage of this SOFTWARE or because the SOFTWARE cannot be used, even by prior notification about the possibility of such damages.

5.8 Amount of Liability

In any case and under every item of this agreement, the entire liability of the author is limited to the defacto license fee paid by the customer for the contracted product.

6. COMPLETE AGREEMENT

This agreement represents the complete agreement between the licensee and the author of the SOFTWARE and it replaces all preceding agreements. This agreement may only be modified by written agreements signed by both parties. This agreement overrides all contradictory or illogical agreements which have been made in addition by the parties. If a part of the agreement is estimated as being untenable, it will be extended to the legal maximum and does not influence the legal binding status of the other parts of the agreement. Unless parts or single formulations of this text are not, no more or incompletely conform to the valid legal regulations, the rest of the parts of this license agreement remains still valid. The General Standard Terms and Conditions of EIDOLOGIC GmbH also apply.