Dated: October 2020
Please read this End-User License Agreement carefully before concluding the installation process and using the software. This software will be licensed to you by certgate.
This Software-End-User License Agreement is a legal agreement between yourself (either between an individual or an individual company) and the legal owner of this software, certgate (certgate GmbH, www.airid.com). It is not a sales contract.
You must read the End-User License Agreement and by installing and using of the software you accept the Terms of the End-User License Agreement and you acknowledge that you have read and understood all terms and conditions of this agreement and that you agree to them by contract.
If the software or part of the software has been licensed by a third party for you (e.g. your employer, an individual or a company with whom you do business) your rights to use the software or to acquire additional services are subject to the terms and conditions of this agreement, regardless of whether the third party agrees to the terms and conditions of this End-User License Agreement.
If the software you install is free-, beta- or pre-release software, then the terms and conditions of this End-user-Agreement-License apply, regardless of whether you or a third party sponsoring your software has a separate agreement.
Even if the software is sponsored by a third party, the data security terms and conditions stated on the website www.airid.com are effective. You agree to these terms and conditions of these agreements, when you click the “I accept” button. By clicking the “I accept” button you also agree to the installation of bidirectional connections to a server as described in §8.
If you install free or beta software, please note that the terms and conditions stated in §4 and §5 especially come into effect. If you use the software on a computer that you share with others and one of the others installs a newer version of the software and accepts newer version of this end-user license agreement, then you too agree to the newer version of this end-user license agreement.
The following definitions are used throughout the text:
The software is licensed, not sold. You acknowledge that the software (including any changes to it that you may request or suggest) is the property of certgate and/or its licensors. Resources, each copy of them, and all associated intellectual property rights embodied in or represented by them remain the property of certgate and/or its licensee at all times as well as with all other rights that are not explicitly granted to you under this End-User License Agreement.
certgate grants you a limited, non-exclusive license to install and use, only in object, code, format, provided you comply with all the terms and conditions of this End-User License Agreement.
If the software is labeled “free” (or a similar name), then your rights are limited as described in this paragraph. You may use the software (or similar services, which certgate offers you) in line with the terms and conditions of this End-User License Agreement until you infringe the terms and conditions of this End-User License Agreement or until certgate recalls the software, which certgate is entitled to do at any time and without notice. Considering the fact, that free software is made available free of charge, certgate do not accept limited liability as described below in § 9 and neither certgate nor a third party will accept liability for damages incurred by free software as described below in § 10 (b). The free software may display a banner advertisement at sole discretion of certgate. At no time so ever will personal information of the user or the computer transmitted to any Third Party. Free software may have a feature that deactivates the software automatically, changes its functionality and / or informs you of restrictions in the usage after a predefined space of time. certgate reserves the right to stop supporting so called free software at any time without notification. Hereby the granted user license is terminated.
You agree to the following limitations and restrictions and make sure that others (including the end user whose software you sponsor) do not infringe the terms and conditions of this End-User License Agreement.
Technical support for the software can be found within the installation file, or on the help menu of the software or on the certgate Website www.airid.com or www.certgate.com. If no extended support has been agreed upon, then only the above-mentioned support is available. certgate offers extended support through its partner network or, if agreed individually directly from certgate.
Independent of whether you subscribe to a service and support offer or not certgate reserves the right to make updates or additions available via automatic download in order to guarantee the correct functionality of the software. Expert technical information that you give certgate in connection with support services may be used by certgate for business purposes, including product- and service development.
Data exchange, i.e. to check the availability of newer software versions, may take place when the software runs on a computer. You acknowledge and agree that the software establishes such bidirectional connections to a server and exchanges data for update and to ensure and improve its functionality.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CERTGATE NOR ANY OF ITS DIRECTORS OR EMPLOYEES WILL BE LIABLE TO YOU OR OTHER END-USERS FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT MAY ARISE DUE TO THIS END USER LICENSE AGREEMENT OR IN CONNECTION TO THE SOFTWARE OR SERVICES ASSOCIATED TO THIS END USER LICENSE AGREEMENT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INTERRUPTION, BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS).
In the event one or several provisions of this EULA are invalid or unenforceable, the Parties shall replace this invalid or unenforceable provision with a provision which comes as close as possible to the economic purpose of this EULA. The remaining provisions of this EULA remain fully enforceable.
YOU CAN ONLY INSTALL OR USE THIS SOFTWARE IF YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THIS LICENS AGREEMENT, YOU MUST NOT INSTALL OR USE THIS SOFTWARE.