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Program License

END-USER LICENSE AGREEMENT

END-USER LICENSE AGREEMENT FOR TACTICAL SAILING- A GAME AGAINST THE WIND- SOFTWARE IMPORTANT—READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (an individual person) and Media Digital Page GbR (MeDiPa or MEDIPA) for the Tactical Sailing - Software (Software) that accompanies this EULA, which includes associated media and MeDiPa or Tactical Sailing Internet-based services. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE. MeDiPa grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use. You may:
(a) install and use a copy of the Software on one personal computer or other device; and
(b) install an additional copy of the Software on a second, portable device for the exclusive use of the primary user of the first copy of the Software.
1.2 License Grant for Media Elements. The Software may include certain Scenes layouts, photographs, clip art, shapes, animations, sounds, and video clips (together Media Elements). - You may copy the Media Elements, for personal correspondence involving person-to-person communication, display and distribute them, e.g. Forums, chats, facebook or you tube.
1.3 License Grant for Documentation. The documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only.
1.4 License limitations. The Software may include Media Elements. You may not copy nor modify the Media Elements available as part of the MeDiPa software that accompanies this EULA. You also may not copy nor distribute the Media Elements available through related Internet-based services. You are not licensed to do any of the following: - You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the Media Elements. - You may not distribute the Media Elements available via Internet-based services as part of any product or service. - You may not copy or post any templates available through Internet-based services on any network computer or broadcast it in any media.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 Mandatory Activation. THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE. You may not be able to exercise your rights to the Software under this EULA after a finite number of product launches unless you activate your copy of the Software in the manner described during the launch sequence. You may also need to reactivate the Software if you modify your computer hardware or alter the Software. MeDiPa will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates. MeDiPa will not collect any personally identifiable information from your device during this process.
2.2 Internet-Based Services. You may not use any MeDiPa Internet-based services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services.
3. RESERVATION OF RIGHTS AND OWNERSHIP. MeDiPa reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. MeDiPa or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of MeDiPa.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
6. CONSENT TO USE OF DATA. You agree that a seller of this software sends a copy of the e-mail send to you, also sends it to MeDiPa to be registered for product support services. You also agree that MeDiPa and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. MeDiPa may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
7. LINKS TO THIRD PARTY SITES. MeDiPa is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. MeDiPa is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by MeDiPa of the third-party site or service.
8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that MeDiPa may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. MeDiPa reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
9. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the software identified by MeDiPa as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software.
10. NOT FOR RESALE SOFTWARE. Software identified as "Not for Resale" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
11. ACADEMIC EDITION SOFTWARE. To use Software identified as "Academic Edition" or "AE," you must be a "Qualified Educational User." For qualification-related questions, please contact Media Digital Page.
12. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to European, Germany, U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
13. SEPARATION OF COMPONENTS. The Software is licensed as a single product. Its component parts may not be separated for use on more than one device.
14. SOFTWARE TRANSFER. Internal. You may transfer your copy of the Software to a different device. After the transfer, you must completely remove the Software from the former device. Transfer to Third Party. If you are the person who initially licensed the Software, you may make a one-time permanent transfer of this EULA, Software and Certificate of Authenticity (if applicable) to another end user, provided that you do not retain any copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
15. TERMINATION. Without prejudice to any other rights, MeDiPa may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
16. Limited GUARANTEE Statutory rights not affected. The guarantee - The Software is designed and offered as a general-purpose software, not for any user's particular purpose. You accept that no Software is error free and you are strongly advised to back-up your files regularly. Provided that you have a valid license, MeDiPa guarantees that a) for a period of 12 month from the date of receipt of your license to use the Software or the shortest period permitted by applicable law it will perform substantially in accordance with the written materials that accompany the Software. In the event that the Software fails to comply with this guarantee, MeDiPa will either (a) repair or replace the Software or (b) return the price you paid. This guarantee is void if failure of the Software results from accident, abuse or misapplication. Any replacement Software will be guaranteed for the remainder of the original guarantee period or 30 days, whichever period is longer. You agree that the above guarantee is your sole guarantee in relation to the Software and any support services. Exclusion of All Other Terms - To the maximum extent permitted by applicable law and subject to the guarantee above, as stated in LIMITATION OF LIABILITY AND REMEDIES. REMEDY FOR BREACH OF WARRANTY. MEDIPA WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MEDIPA CANNOT REPAIR OR REPLACE IT, MEDIPA WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MEDIPA CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MEDIPA WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
17. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, MeDiPa and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of MeDiPa and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by MeDiPa with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
18. APPLICABLE LAW. If you acquired this Software in the Germany, European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Washington, USA. Should you have any questions concerning this EULA, or if you desire to contact MeDiPa for any reason, please use the address information enclosed in this Software to contact the MeDiPa or visit the website of www.MediaDigitalPage.com.
19. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and MeDiPa relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any MeDiPa policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.