Syncronorm GmbH „Syncronorm“
End User License Agreement („license“) for all variants of the Syncronorm Depence Software.
The Depence Software includes a 3D simulation with the purpose to visualize entertainment technology devices like intelligent lights, fountains and other effects. There is no guarantee of completeness or correctness of these simulations. All parameters have been chosen from real world or might be complete approximations.
By using this Software, you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. Unless you have a different License Agreement signed by Syncronorm, your use of Depence indicates your acceptance of this License Agreement and warranty.
This Licence permits you, as the registered End User, to use the Software on any computer in conjunction with your Dongle, which is attached to that computer. The Software is "in use" on a computer, when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device). This licence permits you, to use the Software in conjunction with the Dongle on computers that you use.
In case of a desired transfer of a license, the following binding provisions apply: A Depence license can and may only be transferred in its entirety to another user. No individual modules can be transferred, but only all modules activated on the license. The transfer of licenses takes place exclusively and in any case via prior correspondence with the corresponding application to Syncronorm GmbH. A license can only be transferred to another user exactly once within 6 months.
3. The Dongle
In this agreement the term of “Dongle” means the hardware device, which is required to operate the Depence Software System, and which meets the technical and operating specifications – set and/or changed from time to time by Syncronorm. Your initial purchase of a Depence License includes the purchase of your Dongle. The Dongle is shipped with the initial Software and remains the property of the End User. The Dongle incorporates two forms of use: 1. The Dongle is needed to open and to operate the Depence Software each time the software is going to be used. Basically, the Dongle is a USB flash drive, which holds information as well as control about what version or module of the software can be opened/used. 2. The Dongle is designed as a security device, which is used by Syncronorm to prevent unauthorized use of the Software. This also includes the protection of your work and your investment in Depence. Furthermore, the Dongle contains your unique customer ID. This ID will be used for features like our CPS (Customer Protection System), which enables a read/write protection of your Software Projects done with Depence. All further software or hardware products you may purchase in the future will be licensed with the same ID.
You understand and agree that the Dongle is valuable property and belongs to the registered owner/lessee and
- has vital information about your entitlements as the End User imbedded on it according to your initially provided registration information held by Syncronorm. This information must always be kept current and accurate for any future changes by you, including any transfer information of the Dongle to a new user.
- is required to operate the Depence Software System and to get access to licensed feature modules.
- that Syncronorm cannot necessarily identify or prevent the unauthorized use of a lost or stolen Dongle.
- that any other authorized or unauthorized person can use the Dongle (with or without the End Users knowledge or permission) to enjoy the entitlements.
- Syncronorm does not warranty lost or stolen Dongles.
- The End User agrees that Syncronorm is not responsible for any costs or damages whatsoever arising directly or indirectly from the above.
- Syncronorm may block/disable a Dongle in case of unauthorized usage or violation of this EULA.
4. Limited Warranty
Syncronorm underwrites to the company’s best knowledge and believe, that the software does not contain any malicious program, code, or other components such as computer viruses/worms, time bombs or any similar malware, which could harm, destroy, or alter software, firmware, or hardware or which could reveal, damage, destroy or alter any data or other information accessed through or processed by the software. Syncronorm does not warrant that the software will operate uninterrupted or free of error, yet Syncronorm is obligated to immediately advise the End User upon reasonable suspicion or knowledge that the use of the software may result in the kind of harm mentioned above.
5. Limitation of Responsibility
You will indemnify, hold harmless, and defend Syncronorm, its employees, agents, and distributors against any and all claims, proceedings, demanding and costs resulting from or in any way connected with your use of Syncronorm's Software.
In no event (including, without limitation, in the event of negligence) will Syncronorm, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever, which include, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss, in connection with or arising out of or related to this Agreement, Depence or the use or inability to use Depence or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Syncronorm's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Syncronorm) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Syncronorm.
6. Use Restrictions
You shall use Depence in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Depence together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating, or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
7. Copyright Restrictions
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Depence. Nor can you create any derivative works or other works that are based upon or derived from Depence in whole or in part. Syncronorm GmbH's name, logo and graphics file that represent Depence shall not be used in any way to promote products developed with Depence. Syncronorm GmbH retains sole and exclusive ownership of all right, title and interest in and to Depence and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Depence, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Syncronorm GmbH.
Depence and the license (Dongle) herein granted shall not be copied, distributed, rented, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. For information about redistribution or transfer to a new company contact Syncronorm GmbH.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Depence and destroy all copies of Depence supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
10. Governing Law
This Agreement shall be governed by the law of Germany, applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
11. Disclaimer of Warranty
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES, IMAGES, VIDEOS AND SIMULATIONS GENERATED AND EDITED BY DEPENCE AS WELL.
12. Consent of use of Data
You agree that Syncronorm GmbH may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Depence. Syncronorm GmbH may also use this information to provide notices to you which may be of use or interest to you.
13. General Provisions
The validity of the balance of this agreement will not be affected, if any part of this agreement is found void and/or unenforceable. The agreement shall remain valid and enforceable according to its terms. The agreement shall not prejudice the statutory rights of any party, which deals as a consumer and may only be modified by Syncronorm alone in written form.
Software updates, upgrades, utilities as well as other additional modules will be licensed to you by Syncronorm under the same terms and conditions and/or with the addition of different terms.
To any party for any reason whatsoever, Syncronorm assign its rights under this agreement. You may not assign your rights under this agreement subject to other restrictions, in whole or in part, to any party without the prior written consent of Syncronorm.
At all times, no party shall be liable for or considered for breach of this agreement due to any failure of performing its obligations under this agreement as a result of a cause beyond its control. Each such cause will be handled as a “Force Majeure Event”. This includes any act of God or a public enemy, any act of terrorism, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, disruption or outage of communications, power or other utility failures, labour problems, unavailability of supplies, or any other cause, whether similar or dissimilar to any of the foregoing. Upon learning of any Force Majeure Event, the applicable party shall immediately notify the other party of such.
©Copyright by Syncronorm GmbH 2023