MUNNIN - END USER LICENCE AGREEMENT

This End User Licence Agreement "EULA" is a contract between you "CUSTOMER" (either an individual, organisation or corporate entity) and Rainer Bauer "RB", Rotenbacher Straße 40, D-73479 Ellwangen, Germany. The software product Munnin "MUNNIN" is the property of RB. It includes all program and information files and other documentation which are part of the MUNNIN software package, with the exception of the licence file. The term MUNNIN also shall include any upgrades, modified versions or updates of the software licenced to you by RB.

MUNNIN is made available to you, subject to the following terms. If you do not accept this EULA, then you may not install or use MUNNIN.

1. Installation

Always make a backup before installing new software on your computer system. You should cancel the installation now and make a backup of your system and all data stored on your system.

Furthermore, it is the CUSTOMERS responsibility to create daily backups of his system and all data stored on his computer.

2. Begin and duration of this contract

This contract begins by installing, copying or using MUNNIN in any other way. The contract is concluded for an indefinite period of time. Any offense of the CUSTOMER against this contract forfeits his right to use MUNNIN, without requiring a cancellation of RB.

3. Licence types

The licence types differ in terms of available functions and subscription periods. Details can be found on the website www.munnin.com ("Licence Types & Prices").

Munnin-Light is shareware. Munnin-Light may be used free of charge and the usage is not limited in time.

Munnin-Impression licences cannot be purchased by end users. They are released in the course of special publication (e.g. computer magazines) on data media (CD, DVD, etc.). Munnin-Impression licences are only valid for the "Major" product version contained on the media.

A licence must be purchased to use one of the commercial licence types: Munnin-Advanced, Munnin-Professional, Munnin-Business or Munnin-Enterprise.

The commercial licence types allow the CUSTOMER to use the licence file on one computer at the same time. The simultaneous usage of the licence file on one or more computers by different persons is prohibited.

The subscription period for commercial licences is limited in time (see 4.2.c).

4. Licensing

MUNNIN is protected by copyright laws and international treaty provisions. MUNNIN is only licenced, not sold.

All rights of use not expressly granted in this contract remain with RB. The indispensable regulations of the copyright law find supplementing application regarding the rights to use.

4.1 Extend of use

RB grants the CUSTOMER a non-exclusive, time- and spatially limited right to use MUNNIN under the regulation of this contract.

Any modification, adaptation or translation of MUNNIN by the CUSTOMER requires the written permission of RB. It is not permitted to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of MUNNIN, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Copyright notices, serial numbers and all other characteristics used to identify MUNNIN may not be removed.

Modifications and adaptations of the licence file are strictly prohibited.

4.2 Licence file

1. Before a licence can be purchased, the CUSTOMER has to install the shareware version Munnin-Light and verify that MUNNIN is working correctly and as expected on his computer. Licences for the commercial licence types can be ordered from the website www.munnin.com.
2. After the payment for an ordered licence was received by RB, the CUSTOMER will receive a customized licence file. The licence file will convert the installed Munnin-Light licence into a commercial licence (Munnin-Advanced, Munnin-Professional, Munnin-Business or Munnin-Enterprise). The licence file is only delivered by electronic mail. The licence file is not part of MUNNIN.
3. The subscription period for all commercial licences starts with the delivery of the licence file (see 4.2.b) and is limited to the period of time stipulated during the order process (if not otherise specified, this period amounts to one year).
   The licence file is no longer valid after the subscription period has ended and the program's functionality is reverted to those of the shareware version Munnin-Light.
   It is the CUSTOMER's responsibility to purchase a new licence before the end of the subscription period, if he wants to continue to use a commercial licence type. The CUSTOMER is not entitled for an extension of his licence file after the subscription period has ended.

4.3 Passing on the licence file

The licence file may only be stored and used by the CUSTOMER who initially purchased it.

Publishing the licence file publicly or (re)selling the licence file or giving away the licence file for free requires the written permission of RB. In particular the CUSTOMER is not allowed to rent, lease, lend, give away, sell, publish or sublicence the licence file in any other way, without written permission of RB.

The CUSTOMER has to take all reasonable and necessary precautions to ensure the licence file cannot be accessed by third persons.

In case RB has given permission to pass on the licence file to a third person, the CUSTOMER must ensure that the receiver of the licence file accepts this contract at full extend. The following information about the third person must be provided to RB in written form after the licence file was passed on: first and last name, postal address, email address.

Passing on the original data media containing the Munnin-Impression licence is allowed. In this case the CUSTOMER is bound to section 4.5 of this EULA "Reversal of the contract". Not permitted is the commercial distributation of copies of the original media (or parts therof) containing a Munnin-Impression licence.

CUSTOMERS not fulfilling these obligations, are liable for all damages that occur as a direct or indirect consequence to RB.

4.4 Loss of licence file

It is the CUSTOMERS obligation to store MUNNIN and the licence file in a way that allows him to use the program after a defect occured on his computer or a clean installation of the operating system was necessary or he changes parts of the computer hardware or the computer hardware as a whole. There is no obligation for RB to replace lost or damaged licence files. 8,- EUR are charged for a replacement licence file as expense allowance.

4.5 Reversal of the contract

In case the contract is reversed (e.g. after an revocation or non-remediable defects), the CUSTOMER is obligated to return the licence file to RB and to permanently and irreversibly delete the licence file(s) on all installed computers as well as all copies or backups of the licence file(s) (independent of the medium where they are stored).

5. Support

For problems with MUNNIN a public support forum is available on www.munnin.com. Owners of a Munnin-Advanced, Munnin-Professional, Munnin-Business or Munnin-Enterprise licence will receive an email address where they can get additional priority support.

RB does not guarantee that support questions are answered within a certain time frame. Nor does he guarantee to give a final solution to questions asked.

6. Program updates

RB is entitled to update MUNNIN at his own discretion. He is not obligated to make these updates available to CUSTOMERS. The most recent software versions are available for download on www.munnin.com. It is the CUSTOMERS decision to download and install updates at his own costs.

Any purchased licence file is bound to the "Major" product version. Hence the licence file will be valid for all "Minor" updates (e.g. Version 1.1 to 1.2). In case a "Major" update (e.g. Version 2.7 to 3.0) is released, the CUSTOMER has the right to purchase an update-licence for a fee.

After an update was released, all previous product versions are no longer supported. In particular this means that any faults in previous product versions are no longer fixed. In this case the CUSTOMER has only the right to download the most recent program version.

All CUSTOMERS in possession of of a subscription based commercial licence will receive a new licence file free of charge via electronic mail, if the "Major" product version changes during their subscription period. The subscription period will not be extended.

7. Distributing/Passing on the shareware version Munnin-Light

Passing on the shareware version Munnin-Light is permitted under the following conditions:

1. Only the original archives (available for download from www.munnin.com) may be distributed. It is forbidden to change, add or remove any files from the the original archives.
2. The nature of MUNNIN as a limited edition (shareware version) is revealed correctly.
3. Only the most recent program version of Munnin-Light may be published under the following conditions:
   1. Publishing the software on CD-ROM/DVD as an addition to a magazine is permitted, as long as RB is immediately notified by email about the magazine name and number. Sending a specimen copy is appreciated, but not mandatory.
   2. Publishing the software on CD-ROM/DVD as part of a shareware collection or in form of bookware requires a written permission of RB prior publication.

Not permitted is any form of commercial distributation or any distributation to promote commercial purposes. Furthermore it is forbidden to sell MUNNIN on any auction site in the internet.

Under no circumstances may the licence file distributed or passed on (see 4.3).

8. Payment of damages in case of contract violation

Passing on licence files as well as the development and distribution of software suitable to create or manipulate licence files is an act of computer fraud. RB will report any offence and claim compensation from the CUSTOMER. The CUSTOMER is liable for any financial damages for RB, arising of a violation of this contract or international copyright law.

Independently, the CUSTOMER commits himself to pay the amount of 2.500,00 EUR to RB as a penalty of breach of contract for any violation against the obligations from clause 4.1, 4.3 and/or 7.

9. Warranty

9.1 General

This software was developed with greatest possible care. However, the CUSTOMER accepts that it is not possible to create software not containing any faults. Hence, RB only guarantees that the software coincidences with the product specification available from the website www.munnin.com.

Strict liability/warranty is excluded for faults present at completion of this contract, except RB has concealed the fault bad-cunningly.

The CUSTOMER has to report any substantial differences between the licenced software and the program specification (available from www.munnin.com) in written form (letter, fax, email). This report has to include a detailed, comprehensible fault description. The CUSTOMER has to make available all necessary information and data concerning the fault, and obliges himself to help reproducing the fault.

In case of substantial faults in the software, RB is entitled to rework the software or to offer an update-licence free of charge. Excluded are faults that cannot be influenced by RB (see 9.2).

No warranty is given if the CUSTOMER has not installed and tested the most recent version of Munnin-Light on his computer. No warranty is given for faults deduced by changes or modifications of the software by the CUSTOMER or any other third person.

9.2 Changes concerning auction sites

MUNNIN retrieves the internet pages of auction sites (e.g. eBay). RB is in no way affiliated with any auction site.

The program functionality may be limited or broken, if an auction site changes its page layout or performs technical changes concerning the structure or procedures accessing the pages. In this case RB is trying to reestablish the program functionality by adapting the software. No guarantee is given for the amount of time these changes will require. RB does not guarantee that all program features can be completely restored after such changes occured.

Only the most recent program version will be adapted. CUSTOMERS of previous program versions do not have a right to bug fixes of possible program faults.

10. Limitation of liability

The foregoing states the entire liability and warranty of RB, and any claims in excess thereof, e.g. for idle time, shortfall of production and other direct, indirect, incidental or consequential damages are limited to actions of RB caused by gross negligence or intent.

There are no other warranties, representations or conditions - express or implied - including, but not limited to any implied warranties of merchantability or fitness for a particular purpose and non-infringement of third party rights.

In no event shall RB be liable for savings, lost profits, lost data, claims by third parties, or any other incident or consequential damages or damages caused by the CUSTOMER'S failure to perform its responsibilities or for any damages caused by or related to performance or non-performance of the software.

11. Privacy statement

All data provided by the CUSTOMER during the purchase of a program licence will be stored and used only in conjunction with MUNNIN. The data will not be made available to third parties.

The CUSTOMER obliges himself not to publish or give away any personal data (email address, Phone/Fax numbers, bank account information, etc.) he receives from RB in connection with the order process or any other form of correspondence.

12. Product names and trademarks

All product names, logos and trademarks in this text, the documentation, the software product and the internet page (www.munnin.com) are the property of their respective owners.

13. Legal choice and court of jurisdiction

German material rights apply for the legal relationship in connection with this contract under exclusion of the agreement of the United Nations concerning contracts relating to international product purchase (CISG).

Provided that the CUSTOMER is a business or does not have a place of general jurisdiction within the Federal Republic of Germany, all controversies following from or in connection with this contract shall be settled before the District Court of D-73479 Ellwangen/Germany. In addition, each participant may be held liable by RB before the courts of its place of general jurisdiction.

14. Final clauses and salvatoric clause

This contract contains all agreements between the contracting parties. No special agreements whatsoever have been made.

General trading conditions of the CUSTOMER are excluded.

Any additions and changes to this contract, including this clause, are only legally valid, if they have been made in written form.

These contract conditions remain valid even if single clauses should prove to be invalid. The invalid clause of the general contract conditions should be supplemented or reinterpreted so that the economic purpose intended with the incorrect regulation is reached.

 
Ellwangen, April 2008
Copyright © Rainer Bauer
All rights reserved
Version: 8