This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and the mentioned owner (Headstart Media GmbH) of this Software (KOSMA) identified above, which includes computer software and may include associated media, cloud services, printed materials, and “online” or electronic documentation (“KOSMA”). By installing, copying, or otherwise using KOSMA, you agree to be bounded by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use KOSMA.
1. KOSMA TRIAL AND SUPPORT
KOSMA is being distributed as Software as a service (SaaS). The 14-day KOSMA trial license is provided to you free of charge and without warranty. Consequently, Headstart Media makes no warranty to you with respect to the Software. Headstart Media does not provide product support and use in a production environment is expressly at your own risk.
2. GRANT OF LICENSE
This EULA grants you the following rights: Installation and use of KOSMA software. After creating a KOSMA user account you may install and use an unlimited number of copies of KOSMA on a maximum of two computers.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
You may not reverse engineer, decompile, or disassemble KOSMA, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
a) Trial, Freeware and Support
A 14-day trial license is provided to you free of charge and without warranty. Thus, Headstart Media will not give you any warranty with respect to the software nor the cloud service or other materials provided by Headstart Media. Headstart Media provides for such licenses no support (email or phone) and the use of the software in a production environment is expressly at your own risk.
b) Software Transfer
You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
Without prejudice to any other rights, Headstart Media may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of KOSMA and all of its component parts.
All title and copyrights in and to KOSMA (including but not limited to any images, photographs, clipart, libraries, and examples incorporated into KOSMA), the accompanying printed materials, and any copies of KOSMA are owned by the Headstart Media. KOSMA is protected by copyright laws and international treaty provisions. Therefore, you must treat KOSMA like any other copyrighted material. The licensed users or licensed company can use all functions, example, templates, clipart, libraries and symbols in KOSMA to create new diagrams and distribute the diagrams.
5. LIMITED WARRANTY
The owner of KOSMA expressly disclaims any warranty for KOSMA. KOSMA and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of KOSMA remains with you.
6. NO LIABILITY FOR DAMAGES
In no event shall the owner of KOSMA be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the owner of this software is aware of the possibility of such damages.