Crawler-Lib End User License Agreement (EULA)
These terms and conditions apply to each and every Crawler-Lib Framework library or software if not otherwise stated.
Definitions
Crawler-Lib: Crawler-Lib refers to the company licensing the software. If not otherwise stated this is “Crawler-Lib Sales and Support, Walter Zirn, Brückenstrasse 1, 89231 Neu-Ulm, Germany.
Licensee: The licensee is the person or company who intend to use the licensed software or already uses it legally or illegal. The term “licensee” does not imply that the software is legally licensed by default.
Licensed Software: The licensed software is a package of libraries and components or a single library or component containing code that is executable on a computer and is covered by this license agreement.
Redistributable Software Part: A redistributable software part is a package of libraries and components or a single library or component that is allowed to be installed with the licensee’s software. These parts are explicitly marked as redistributable and can be distributed with the licensee’s software.
Breaking Change: A breaking change is a newer version of the software, library or component that has a change to its public interface or behavior which is incompatible to the older version. In general the newer version of this software, library or component can’t be used without adaption in the licensee’s software or system.
Scope of License
Crawler-Lib retains all right, title and interest to the software. All rights not expressly granted are reserved by Crawler-Lib. This software is licensed to the licensee and not sold to the licensee. This license grants: (1) the use of the licensed software. (2) The right to develop own software solutions using the licensed software. (3) The redistribution of parts of the licensed software which are explicitly stated as redistributable parts.
Unless otherwise stated, the software can be used on any number of workstations of the licensee. Unless otherwise stated, the redistributable parts can be distributed freely as desired and with no additional fees.
Acceptance of License
If the licensee installs copies or uses the software otherwise, the licensee is bound to the terms and conditions of this end user license agreement. The licensee must lawfully acquire the software; otherwise he has no right to use it. If the licensee don’t agree with the terms and conditions of this license agreement the licensee mustn’t install, copy or use this software.
Other Licenses
When explicitly stated, the software and libraries are licensed additionally under other licenses, especially common open source licenses. When not otherwise stated this reference means the newest version of the license.
Transfer of License
The licensee may transfer the software license to third parties, but only with the consent and under the conditions of this license agreement and transfer conditions of Crawler-Lib. For this purpose a license transfer agreement shall be concluded between the licensee, the third party and Crawler-Lib. The license transfer agreement will be provided by Crawler-Lib. A transfer of the license to third parties without signing a license transfer agreement is not possible.
Functional and Performance Tests
The licensee has the right to conduct functional and performance tests (benchmark tests). The licensee has the right to publish the test results under these terms: (1) the licensee must publish the specific software version and release date of our software and all applied updates and patches which the licensee has tested as well as the date of the test itself; (2) the licensee must publish the source code of the test, any third party tool with version number and release date used for the test, the licensee’s computer configuration and any optimization the licensee has done; (3) the licensee is only allowed to publish test results for the latest versions with all available updates and patches applied; (4) All above terms apply to competing products too if the licensee’s test compares them with our software and the licensee intends to publish the comparison.
Decompilation and Reverse Engineering
The licensee has no right to decompile or reverse engineer the software. The source code of the Crawler-Lib software is purchasable separately. This license grants no rights to disclose the source code or any derivative work from the source code.
Limited Warranty and Disclaimer
The software is provided “as is” and the licensee uses it at his own risk. Crawler-Lib makes no warranties to its use, to its performance or to its fitness for a particular purpose. It is always possible that software contains errors (bugs) and fails to work. Therefore Crawler-Lib doesn’t warrant that the software is completely error free, or that it works without interruption with all computers and configurations.
It is solely in the licensee’s responsibility to check if the software fits his particular purpose or meets his functional and performance requirements. The licensee is also obliged to test how the software works on his computers and his configurations; test all use cases and check if data processed without errors and as desired before he use the software in production environments. Crawler-Lib offers free versions with limits and unlimited test versions, which become invalid after the test period, to perform all the necessary testing before the purchase.
Limitations on Liability
The licensee is responsible for the consequences of use of the software and the thereby resulting direct and indirect damages as far as it is legally possible. The liability is limited to the purchase price as far as it is legally possible; otherwise it is limited to the legally possible minimum.
Maintenance and Support
Crawler-Lib provides general support for the current version of the software. Older versions are supported during a transition period which shouldn’t be longer than six months after the release of a new software version when the new version has breaking changes. Licensees with maintenance contract can have a longer transition period to the newer version on request, especially when the new version has breaking changes.
Applicable Law
The laws of the Federal Republic of Germany are applicable for this license agreement.
Neu-Ulm, Germany shall be stipulated as the exclusive place of jurisdiction for disputes resulting from or relating to this license agreement.
Salvatory Clause
Should any part of this agreement be invalid for any reason, it is to be replaced with a corresponding text, which is valid and equivalent to the intended meaning. The rest of the agreement shall remain unaffected and valid.