End User License Agreement STAN - Structure Analysis for Java Version 1.2 NOTICE: THIS SOFTWARE PRODUCT (TOGETHER WITH ITS ACCOMPANYING DOCUMENTATION, THE "PRODUCT") IS THE PROPERTY OF BUGAN IT CONSULTING UG. THE PRODUCT IS MADE AVAILABLE SUBJECT TO THE FOLLOWING LICENSE AGREEMENT. PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE PRODUCT. BY INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, YOU MAY NOT INSTALL OR USE THIS SOFTWARE. 1. Definitions (a) "Agreement" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 8 of this document. (b) "Bugan IT" shall mean Bugan IT Consulting UG, a company registered in Germany, the copyright owner that is granting the License. (c) "You" shall mean an the original individual or legal entity exercising permissions granted by this License. (d) "Product" shall mean the 'STAN - Structure Analysis for Java' software product, its associated media, printed materials and electronic documentation. The Product also includes any updates and supplements to the original Product provided to You by Bugan IT. Any software provided along with the Product that is associated with a separate end-user license agreement is licensed to You under the terms of that license agreement. 2. Ownership The Product is proprietary to Bugan IT. The Product is licensed, not sold, to You. You acknowledge and agree that: (a) The Product is protected under international copyright laws. (b) Bugan IT retains all copyrights and other intellectual property rights in the Product. (c) All rights not expressly granted are reserved by Bugan IT. 3. Grant of License 3.1 General Subject to the terms and conditions of this Agreement and payment of all applicable license fees and other charges, Bugan IT grants to You a non-exclusive, non-transferable and limited license to install and use the Product. In the event a purchase order contains terms in addition to, or different than, the terms of this Agreement, those terms in the purchase order shall be disregarded and the terms of this Agreement shall control. 3.2 Options (a) Evaluation License You may use the Product for a limited time (evaluation period) to be determined and stated by Bugan IT, solely for the purpose of determining whether the Product meets Your requirements. After the evaluation period has finished, You must either: (i) discontinue Your use of the Product, (ii) acquire a commercial license (see sections (b) and (c)), (iii) use the Product under the terms of the community license (see section (d)). Commercial use of a derived work of the Product is not allowed under the scope of the evaluation license. (b) Node-Locked License You may use the Product locally on one identified computer (node). (c) Personal License One identified individual (named user) receives one initial node-locked license. Bugan IT grants You the right to obtain up to three additional node-locked licenses for that named user at no additional cost subject to the following conditions: (i) You did not receive an additional node-locked license within the previous twelve months, (ii) You purchased the Product within the last 36 months. (d) Community License You may use the Product with limited functionality as determined by Bugan IT. Commercial use of a derived work of the Product is not allowed under the scope of the community license. 4. Warranty and Disclaimer We warrant that for a period of thirty days after purchase, the Product will perform in substantial accordance with the documentation. There is no warranty that the Product will be error-free or will function without interruption. You assume the entire risk for the results obtained using the Product. Bugan IT's entire liability and Your exclusive remedy for breach of the foregoing warranty shall be, at Bugan IT's option, to either (a) return the license fee You paid, or (b) repair or replace the Product. To the extent permitted by applicable law, the foregoing limited warranty is in lieu of all other warranties or conditions, express or implied, and we disclaim any and all implied warranties or conditions, including any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties. This warranty gives You specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. 5. Limitation of Liability To the maximum extent permitted by applicable law, in no event shall Bugan IT be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, confidential information or other direct, indirect or consequential loss) arising out of the use of or inability to use the Product, even if Bugan IT has been advised of the possibility of such damages. In any case, Bugan IT's entire liability under any provision of the Agreement shall be limited to the amount actually paid by You to Bugan IT in connection with Your use of the Product within the previous twelve-month period. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. 6. Limitations You may not: (a) modify, adapt, alter, translate, or create derivative works of the Product or merge the Product with other software other than as approved of in writing by Bugan IT (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Product (c) remove, alter, or obscure any copyright, trademark, confidentiality or proprietary notices (d) use the Product with a license key which has not been obtained directly from Bugan IT (e) lease, rent or loan the Product to any unlicensed third party (f) sublicense, distribute or otherwise transfer the Product or any component thereof to any third party (g) allow unlicensed third parties to access or use the Product in a time-sharing, remote or multiplexing environment The rights granted under this Agreement apply only to this Product. A separate license must be used for different products of Bugan IT. Except where otherwise stated, the limitations in the section above apply to Your use of the Product in whole or in part. 7. Branding For all commercial licenses (see section 3), (a) You may use the Product names ('STAN - Structure Analysis for Java', 'STAN', 'stan4j' or 'stan4j.com') and/or Product logos provided by Bugan IT to promote Your software projects/products. Bugan IT reserves the right to prohibit usage of the name and/or logo of the Product. (b) Bugan IT may use Your name and logo in a public list to show who is using the Product, unless Bugan IT receives Your written objection within 30 days after purchase of the Product. 8. General This Agreement supersedes all prior agreements between the parties and represents the complete and exclusive description of the license granted by Bugan IT to the end user of the Product. You also agree that this Agreement is governed by German laws. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of Germany and further agrees to commence any litigation, which may arise hereunder in the courts located in the judicial jurisdiction of Königstein im Taunus, Germany. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND BUGAN IT CONSULTING UG WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE LICENSOR RELATING TO THE SOFTWARE PRODUCT. If you have any questions concerning this agreement, please contact firstname.lastname@example.org Copyright 2017 Bugan IT Consulting UG.