N'draft: End user License Agreement (EULA)

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End User License Agreement (EULA) for CoN'verter


Copyright (C) N’counter, 2014. All Rights Reserved.
Word, 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: August 15, 2014



The following User Agreement is concluded 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 CoN'verter, a web application for converting SPSS files to Excel and vice versa . For more information, see http://www.ncounter.de.


The User is advised to read the following User Agreement carefully before using the Software. By using this Software, the User explicitly agrees to the following User Agreement.



GENERAL DEFINITIONS

The Software is designated for conversion of SPSS files (.sav) to Excel (.xlsx) and vice versa. The Software is a web application (Software as a Service) and requires no installation.


USAGE AND SERVICE

The usage of the Software is free of charge: every User is allowed to convert as many files as needed without any obligation on his part.

N'counter reserves the right to convert portions or the entirety of the service to a pay-per-use model, or to terminate the whole functionality of the Software at any time without prior notice. Except by separate agreement between the User and N'counter, N'counter carries no obligations towards present or future Users to keep the Software working or to retain its gratis character.

During usage, Software will collect some information, which are essential for the further development of the Software and security purposes, such as a file size, file name, bug and crash reporting, promptness of the operations, and other telemetry. However, no information about the file contents will be collected, analyzed, or saved. The files are converted in-memory and are immediately discarded, and no traces of the data remains on N'counter's server. The user's voluntary usage of the Software is a confirmation of acknowledging and accepting this.

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.


COPYRIGHT

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 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 User Agreement and the Copyright Law. Participating in any of the above activities automatically terminate the User's rights under this User Agreement and may be prosecuted by law.


LIMITATION OF LIABILITY

The Software is a robust and reliable tool for converting of SPSS or Excel files, respectively. 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 converted files that might contain errors, whether due to (possible) bugs in the program, or the User's own erroneous input into the Software. The Software is offered "as is", without warranties as to performance, reliability, merchantability, or any other warranties for the Software, whether expressed or implied.

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 CoN'verter, the User explicitly assumes the entire risk of using the Software.


FINAL CLAUSE

The User's acceptance of this User Agreement is voluntary, but nothing else can grant the User permission to use the Software. Therefore, by using the Software or any output deriving from it, the User indicates his acceptance of this User Agreement and all its terms and conditions.

If any part of the User 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 these User Agreement at any time and without prior notice, and such revision shall be effective immediately upon the posting of the revised User Agreement at: http://www.ncounter.de/helpdesk.