N'table: End user License Agreement (EULA)

End User License Agreement (EULA) for N’table, the tabulation software

Copyright (C) N’counter, 2013. All Rights Reserved.
Excel, VSTO (Visual Studio Tools for Office), and .NET Copyright (C) by Microsoft Corporation, which has no affiliation with N’counter.

Publisher:
N’counter, Binzstraße 8, 13189 Berlin
Tel: +49 30 120 768 54-0
Fax: +49 30 120 768 54-9
info@ncounter.de
www.ncounter.de

Agreement last updated: April 23, 2013
The following License Agreement is conducted between N’counter (further referred to as “N’counter”) and the User of the subsequently-described Software (further “User”). Here and furthermore, “Software” refers to the N’table add-in for Microsoft Office Excel. For more information, see http://www.ncounter.de.

The User is advised to read the following End-User License Agreement carefully before using the Software. By installing and/or using this Software, the User explicitly agrees to the following conditions:

GENERAL DEFINITIONS
The Software is designated for making the tabulations for market research, social research, and related activities. The User agrees to use the Software in a manner consistent with all applicable laws and regulations and in accordance with the purpose mentioned above and the terms and conditions set out in this End-User License Agreement.

COPYRIGHT AND LICENSING
This Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. N’counter shall retain title and all ownership rights to the Software. All alterations in the Software may be conducted by N’counter only. The User may not attempt to de-compile or reverse-engineer the Software for any purpose (e.g., to bypass the Licensing and Authentication mechanisms, to obtain access to the Intellectual Property contained within the Software, or for any other purpose). The User may not distribute, copy, rent, lease, loan, sell, sub-license the Software or create derivative works based upon the Software or any part thereof. Any attempt to do so is strictly against this License Agreement and the Copyright Law. Participating in any of the above activities automatically terminate the User’s rights under this License and may be prosecuted by law. The User can obtain Usage Rights to the Software as a Regular User or as a Trial User. The first one presumes a possession of a legal usage license, issued by N’counter. The second one is subject to additional restrictions, which are highlighted in the section below. Any other usage of the Software is illegal. Upon termination of the trial period or the licensed period, the User must cease to use the Software. A regular license is always a time-dependent contract, which begins with a moment of signing or at first usage and terminates at the end of the purchased period. There are two kinds of the licenses: long-term and short-term. The first one applies normally for a year and requires a written contract. The second one varies from one to 30 days and can be purchased by a registered user on short notice, via N’counter’s website. Both kinds of licenses are based upon a named-user model: the license is granted specifically to a particular user, and MAY NOT be shared among multiple individuals.

USAGE AND SERVICE
The usage of the Software is not free of charge: it is based on a time-activated subscription model (or on using the Software in Trial mode). To restrict unauthorized access to the Software, registered Users will be issued a username and password for use with the Software. Without the password-based authentication, the Software’s functionality will be restricted to that of the Trial mode. By the nature of the named-user subscription model, the User MAY NOT transfer his usage rights or share his username/password combination with any other person. For logging and security purposes, the Software will connect to the internet periodically to ensure that the User’s subscription is valid. No personally-identifiable information will be sent. The Software may also collect some additional information, which is essential for the further development of the Software – such as the current software environment, bug and crash reporting, promptness of the operations, and additional telemetry. The user’s voluntary usage of the Software is a confirmation of acknowledging and accepting this. The User is obliged to keep this username and password private and to report to N’counter if the User believes that his username/password has been breached. N’counter makes every efforts to provide the User with a best possible support. To do so, N’counter maintains a help section, where users are able to obtain information concerning the functionality of the Software. In addition, Users can contact N’counter Support at support@ncounter.de. Normally, the user will receive a response within 48 hours. Please note that while N’counter always strives to provide Users with assistance, N’counter is not obligated to provide support for the Software (either by email, phone, or otherwise), unless it is separately regulated by an additional agreement. With a Regular paid subscription license, the User obtains the right to use the Software in its current condition at the time of purchase. However, should N’counter issue updates to the Software, the User is entitled to install the updates and make use of any new features, usability improvements, and other enhancements as part of his original subscription. Should the User detect any bugs in the Software, he is encouraged to report them to the N’counter Development Team at support@ncounter.de. Users are also encouraged to send suggestions for the Software’s improvements (performance, usability, or essential new features) at the above address.

ADDITIONAL RESTRICTIONS FOR TRIAL SOFTWARE
The use of the Software under “Trial mode” is intended for evaluation purposes only. The User can enter Trial mode in one of two ways: 1. Downloading and using a copy of the Software without registering or authenticating. This mode is designed for easy evaluation purposes, and is characterized by restricted functionality in the Software. It can be used anonymously. 2. Registering for a “full” Trial of the Software with N’counter. Unless otherwise arranged, such Trial access is typically limited to 1 month from the original date of registration. In case the User is not an individual but an employee of a company, the trial access applies for the whole company and will be expired within a set amount of time from the first user’s registration. To prolong the functionality of the Software beyond the trial limit, User must purchase a Software License in a regular way by contacting sales@ncounter.de. Otherwise the User is obliged to terminate using the Software.

LIMITATION OF LIABILITY
The Software is a robust and reliable tool for making tabulations. However, the User is ultimately responsible for ensuring that the program’s output is valid. N’counter has put every effort into making the Software as secure and bug-free as possible, but the entire risk arising out of the use or performance of the software and documentation remains with the User. N’counter carries no responsibility for projects the User has tabulated that might contain errors, whether due to (possible) bugs in the program, or the User’s own erroneous input into the Software. To the maximum extent permitted by applicable law, in no event shall N’counter and its suppliers, its distributors, or its affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of privacy, failure to meet any duty or pecuniary or other loss whatsoever) arising out of this agreement, the use of the Software, or the inability to use the Software, even if N’counter has been advised of the possibility of such damages. Good data-processing practices dictate that any software be thoroughly tested with non-critical data before relying upon it. The User is explicitly advised to do so before operating with real data/projects. In using N’table, the User explicitly assumes the entire risk of using the Software.

WARRANTY AND RETURN
In an unlikely case of a demonstratively invalid version of the Software, N’counter will put every effort to fix this problem and to provide the User with a workable version of the Software as quickly as possible. However, the Software is sold “as is”, without warranties as to performance, reliability, merchantability, or any other warranties for the Software, whether expressed or implied. The User is advised to back up his computer’s system configuration before installing the Software. While using the Software, the User is encouraged to back up his tabulation files often to prevent the risk of data loss. Because of the various hardware and software environments into which the Software may be installed, and the different types of data that might be tabulated, the User is encouraged to try out the Software’s performance through a Trial version before committing to buying a License or signing any other contract with N’counter. Once the Software is purchased, the purchase is binding, and a return or cancellation of the license contract is not possible.

FINAL CLAUSE
The User’s acceptance of this End-User License Agreement if voluntary, but nothing else can grant the User permission to use the Software. Therefore, by using the Software, the User indicates his acceptance of this End-User License Agreement and all of its terms and conditions. If any part of the End-User License Agreement is held invalid or unenforceable under any particular circumstance or local law, the remainder of the sections remains in full force. This agreement shall be governed by the laws of the Federal Republic of Germany. N’counter reserves the right, at its discretion, to revise this End-User License Agreement at any time and without prior notice. The latest End-User License Agreement will always be posted at http://ncounter.de/helpdesk/handbuecher/ntable-handbuch/eula.