END USER LICENSE AGREEMENT (EULA)
This is the KOCH Media Ltd License Agreement. ("The Agreement") will govern your use of all KOCH Media products contained in this package. Deep Silver is a division of KOCH Media.
GRANT OF LICENSE
KOCH MEDIA hereby grants you, and you accept, a limited license subject to the terms and conditions contained herein to use the software recorded on the CDROM.
You may only use the product on a single computer or its temporary replacement, or on a subsequent computer. If you wish to use the product on more than one computer, you must purchase an additional copy of the product. You may not either temporarily or permanently transfer sublicense your rights to use the product under this Agreement without the prior written consent of KOCH Media Ltd.
The Manual and the Software are copyright and are the property of KOCH MEDIA Limited with ALL RIGHTS RESERVED.
You may NOT copy or reproduce all or any part of the Manual or Documentation for any reasons whatsoever. You may make backup copies only within the limits provided for by law. You may not transfer the Software over a network. You may not distribute the Software or the Manuals or the Documentation or any part thereof. You may not use, copy, modify, enhance, retouch, transfer, merge part or portion, sublicense, rent, lease, convey, translate, convert to programming language or header file or format or de-compile or disassemble the software or any copy modification or merged part or section in whole or in part except as expressly provided for in this license at any time.
You may not load to any BBS, Internet Site or Online Information Service Provider any Part, Merged Part or Section or Subsection for any reasons whatsoever without the permission in writing from KOCH MEDIA Limited.
Koch Media rights
You acknowledge the rights that the Software and the User Manuals and the Documentation and other related materials are the sole and exclusive property of KOCH MEDIA Limited.
By accepting this agreement, you do not become the owner of the product in accordance with the Agreement. You agree to use your best efforts and to take all steps to protect the product from unauthorised use, illegal production or reproduction or illicit distribution.
Because of its complex nature, software can never be expected to be completely error-free. Therefore, Koch Media cannot guarantee that the contents of this product will meet your expectations, and that the software will run glitch-free under any possible conditions. Moreover, Koch Media assumes no warranty for specific functions and results of this software in excess of the current minimum standard of software technology at the time this program was created. The same applies to the accuracy and/or completeness of the accompanying documentation.
If the program should be defective upon delivery so that, despite appropriate handling, it cannot be used for the intended purpose, Koch Media will either amend the product, deliver a new copy, or refund the purchase price within two years of the date of purchase. This applies exclusively to products purchased directly from Koch Media.
To claim this warranty, you must send the purchased product, along with your proof of purchase and a description of the error to the following address: Technischer Dienst, c/o Koch Media GmbH, Lochhamer Str. 9, D-82152 Planegg, Germany. Koch Media assumes no further warranties for any direct or indirect damages resulting from the use of the product, unless these damages were caused through malicious intent or gross negligence, or such a warranty is compulsory by law.
In any case, the amount of the warranty is restricted to the purchase price of the product. Under no circumstances will Koch Media assume warranty for any unforeseeable or non-typical damages. Any claims you may have against the distributor where you purchased the product are not affected by this.
Koch Media assumes no warranty for damages incurred through inappropriate handling, in particular failure to comply with the instruction manual, incorrect initial operation, inappropriate treatment or unsuitable accessories, unless Koch Media is responsible for such damages.
You agree that regardless of the form of any claim you may have that KOCH MEDIA Limited's liability for any damages to you or any other party shall not exceed the license fee paid for the Software.
KOCH MEDIA LIMITED WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS BUT NOT LIMITED TO LOSS OF PROFITS RESULTING FROM THE USE OF THIS SOFTWARE OR ARISING OUT OF ANY BREACH OF THE WARRANTY EVEN IF KOCH MEDIA LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TERMINATION OF THE AGREEMENT
If any terms and conditions of this Agreement are broken KOCH MEDIA Limited has the immediate right to terminate in writing the Agreement and demand that you return the product to Koch Media. At that time, you must also certify in writing that you have not retained any copies of the product.
This Agreement is to be governed by and interpreted by and in accordance with the Laws of England.
Any terms and conditions of this Agreement found to be unenforceable will be considered for deletion, but will not affect the remaining terms and conditions of this Agreement.