Terms and Conditions (as of 07/2019)
The following conditions apply to all contracts, deliveries and other services, including consultancy services, provided they are not modified or excluded with our express consent. Our customers’ Terms and Conditions are not mandatory for us, even if we do not object to them in writing. A contract becomes valid with our written order confirmation or invoice. Conditions of the buyer / purchaser and different agreements are only valid if they are specifically accepted by us in writing. They do not become valid by silence nor acceptance of payments or services on our part.
The contract is only concluded with our acceptance of the order. The acceptance of the order is made by sending an order confirmation or invoice by e-mail.
ORDERING AND PURCHASING PROCESS
The process of purchase is as follows:
– The customer sends us an order with all necessary data:
– Product Name
– The customer downloads the DEMO VERSION and generates the hardware key on the computer for which the license is required, then attaches the key file with the order form.
– License type
– Billing address
– We send the customer by e-mail (usually within 24 hours):
– Our general terms and conditions
– The End User License Agreement (EULA) of our software
– The invoice
– The customer may cancel the order if he does not agree with our EULA or terms and conditions. In this case, no fees or costs occur.
– The customer transfers the total invoice amount to our bank account (details can be found in the invoice).
– Upon receipt of payment we will send the license file to the customer by e-mail (usually within 24 hours).
Software user licenses are delivered as text files to the e-mail which the customer has used during the ordering process. The delivery time is generally less than 5 days from receipt of payment. This period is a non-binding statement, unless otherwise agreed. The same applies to software products, provided they are not publicly available for download on our website. Damages for late delivery can not be claimed. In the case of prevented delivery by force majeure or other events not influenced by us, we reserve the right to extend the agreed delivery date or to cancel a delivery. Binding agreements regarding delivery times require our written confirmation.
For an order, the prices apply which are displayed on the website or shopping cart on the date of the order. Price changes by technical errors and errors are reserved. In case of erroneous prices, we will not send any goods without prior consent of the customer. The prices in our online shop include VAT.
Payments must usually be met in advance.
WARRANTY, RIGHT OF RESCISSION, RETURN POLICY
Software user licenses are by their nature non-returnable. Before buying, the customer can test our software products for free, in terms of functionality and ease of use (e.g., “Demo Version”).
TRANSFER OF USER LICENSES
Software user licenses may not be disclosed or resold to third parties.
RIGHTS OF USE, LICENSE TRANSFER
User license key can be declared as a “single user license key”, “single PC license key”, etc., which means that it may only be used on the computer for which the license was issued. A license key will be generated according of the user’s PC hardware, which may not be circumvented. If the license becomes useless due to change of the PC hardware, a new license file may be requested via email, but we reserve the right to deny license transfers on suspected abuse of the licensing agreement in individual cases. Terms and conditions (EULA) of our software apply.
OTHER ACQUISITION OF DATA
The ordering process requires collection of personal data. The data will be processed in accordance with the Federal Data Protection Act.
You are entitled to use the Paid license of SOFTWARE PRODUCT perpetually after the order is paid and processed.
You are entitled to use the Trial license of SOFTWARE PRODUCT during the trial period, that can be changed by xray-lab.com at its sole discretion.
You are entitled to use the Demo license of SOFTWARE PRODUCT only for personal and non-commercial purposes. In case you use SOFTWARE PRODUCT privately for commercial purposes or use it in a public commercial or non-profit organization e.g. in a company, school, university, library, research institute or other public institutions then you must buy a license at <https://xray-lab.com>.
Paid license users are entitled to unlimited technical support. Free and Trial license users may receive technical support, but it is not obligatory. Technical support is provided via e-mail ONLY.
Support services will NOT be provided to users who would use very rude or obscene language in their support requests.
XRAY-LAB GmbH & Co. KG
END USER LICENSE AGREEMENT
DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE until you have carefully read the terms of this End User License Agreement (“Agreement”). By downloading, uSING or installing the Software, you agree to all of the terms of this Agreement. If you do not agree to all of the terms, do not download, install OR USE the Software and, if applicable, promptly return it to your place of purchase for a refund.
The firmware, computer programs, device drivers, data or information (“Software”) is provided to each person who downloads, uses or installs the Software (“you” or “your”) under the terms of this Agreement between you and XRAY-LAB Corporation (“XRAY-LAB,” “we,” or “us”), and may be subject to additional terms and conditions in an agreement between you and XRAY-LAB’s third party licensors (“Licensors”). The Software is owned by XRAY-LAB or its Licensors. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
- Software License. Subject to the terms and conditions contained herein, XRAY-LAB grants to you a limited, non-exclusive, non-sublicensable, transferable in accordance with these terms, royalty-free license under XRAY-LAB’s intellectual property rights to use the Software in executable form solely for your personal use only with a XRAY-LAB product or other XRAY-LAB hardware device on a single computer or hardware host device at any given time (the “License”). The Software is “in use” when it is either downloaded, copied, loaded into RAM or installed into the hard disk or other permanent memory of a computer or other hardware host device.
- Restrictions. XRAY-LAB and its Licensors retain all rights in the Software not expressly granted to you. You may not modify, adapt, translate or create derivative works (new versions) of the Software. No source code is provided under this Agreement. You may not reverse engineer, disassemble, decompile, rent, lease, or encumber the Software, or re-create or discover the source code of the Software. You may not embed or combine the Software within any other software product or device. The Software contains proprietary and confidential information of XRAY-LAB and its Licensors, which you agree not to discover or reveal to others. Any and all permitted copies of the Software that you make or distribute must be unmodified, must contain all of the original Software’s proprietary notices, and must include or be accompanied by this Agreement. Except for your own personal use on XRAY-LAB products or other XRAY-LAB hardware devices or for backup archival purposes, you may not separate the Software from the XRAY-LAB product or hardware host device or separate the Software into component parts for sublicense, distribution or transfer to any third party.
- DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES AND NEITHER XRAY-LAB NOR ITS LICENSORS MAKE ANY REPRESENTATION OR WARRANTY, STATUTORY OR OTHERWISE, IN LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, OR NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU, AND NOT XRAY-LAB, ITS LICENSORS OR RESELLERS, ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR, OR CORRECTION.
- LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL XRAY-LAB OR ITS LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, LICENSORS, LICENSEES OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE DOWNLOAD, DISTRIBUTION, USE OR PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE, EVEN IF XRAY-LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY REMEDY PROVIDED FOR HEREUNDER IN ITS ESSENTIAL PURPOSE. IN NO EVENT WILL XRAY-LAB’S OR ITS LICENSORS’ TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE USE OF THE SOFTWARE.
6. The Software is provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 and DFARS 252.227-7013 et seq. Use of the Software by the Government constitutes acknowledgement of XRAY-LAB’s proprietary rights therein. Contractor or Manufacturer is XRAY-LAB Corporation, 601 McCarthy Boulevard, Milpitas, CA 95035.
7. Transfer. If you sell or otherwise transfer the XRAY-LAB product that incorporates the Software as a whole, you may transfer the Software as fully integrated into such product provided that you also supply this Agreement to the purchaser or recipient of the product, at which time all of your rights under this Agreement will immediately cease. Except as stated above, you may not assign or transfer this Agreement in part or in whole, and any attempt to do so shall be void.
8. Termination. We may terminate this Agreement and the license immediately and without notice if you breach it. Upon termination of this Agreement, you must delete or destroy all copies of the Software.
9. High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, “High Risk Activities”). XRAY-LAB AND ITS LICENSORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES AND SHALL NOT BE LIABLE FOR ANY LIABILITIES OR DAMAGES ARISING FROM SUCH USE.
10. General. This Agreement contains the entire understanding between the parties with respect to your use of the Software. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement is governed by and construed under the laws of the State of California and controlling U.S. federal law without regard to conflicts of laws provisions thereof. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Any action or proceeding arising from or relating to this Agreement shall be adjudicated in the state or federal courts of Santa Clara County, California, and the parties hereby agree to the exclusive jurisdiction and venue of such courts. You will not remove or export from the United States or re-export from anywhere any part of the Software or any direct product thereof to any country in violation of U.S. Export Administration Regulations, or a successor thereto, except in compliance with and with all licenses and approvals required under applicable export laws and regulations including, without limitation, those of the U.S. Department of Commerce. Any waivers or amendments of this Agreement shall be effective only if made in writing and signed by an authorized representative of each party. You agree that the Licensors are third party beneficiaries of this Agreement to enforce your performance of the terms and conditions of this Agreement. The provisions of Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10 shall survive the termination or expiration of this Agreement.