License agreement

   Please read this agreement carefully. This agreement has been made
   available to you on the jsHybugger website (http://www.jsHybugger.com)
   prior to your purchase of a jsHybugger license certificate or prior to
   installation of the jsHybugger software. By purchasing a license or by
   installing the software on your computer/device, you have agreed that
   this agreement is enforceable like any written contract signed by you.
     * DEFINITIONS
         1. "jsHybugger software"
            The software program distributed by the Licensor under the
            name jsHybugger, as produced by the Licensor, including its
            documentation, related explanatory materials in printed,
            electronic, or online form, and upgrades, modified or
            subsequent versions and updates of the software.
         2. "to use the jsHybugger software"
            To store, load, install, execute and/or display (to "use") the
            jsHybugger software.
         3. "Licensor"
            Wolfgang Flohr-Hochbichler, IT Consulting & Development,
            Landsberger Str. 71, 86938 Schondorf, GERMANY
         4. "Licensee"
            You, the end user of the jsHybugger software; a natural or a
            legal person or entity. The legal identity of the Licensee may
            change due to a merger, acquisition or other types of
            succession.
         5. "License"
            The license to use the jsHybugger software, as granted to the
            Licensee in section III ("Grant of license").
         6. "jsHybugger website"
            The public website run by the Licensor serving online licenses
            for jsHybugger software. Refer to the general website of the
            Licensor for address and specific details.
         7. "License key"
            A unique key-code that enables an Authorized User to use the
            jsHybugger software. Only Licensor and/or its representatives
            are permitted to produce License Keys for the jsHybugger
            software.
         8. "License certificate"
            Evidence of a License provided by Licensor to Licensee in
            electronic or printed form.
         9. "Single license"
            A Single license is a named-user License which restricts the
            use of the software to the person who purchased that License.
            The License allows for installation of the software on
            different computers (at work and/or at home), provided that
            multiple instances of the software will not be used at the
            same time.
        10. "Team/Site license"
            Team and Site licenses that are registered in a legal entity
            name allow for use of the software on any computer, operating
            system, and by any individual within a legal entity, provided
            that the total number of concurrent users never exceeds the
            number of seats (units) specified.
        11. "Agreement"
            This end-user license agreement, the current document.
        12. "Authorized user(s)"
            A natural person or persons that are granted the License to
            use the jsHybugger software according to section III ("Grant
            of License").
     * INTELLECTUAL PROPERTY RIGHTS
         1. Ownership
            The jsHybugger software is the property of Licensor. Title and
            copyrights to the jsHybugger software, in whole or in part,
            and all copies thereof, and all modifications, enhancements,
            derivatives and other alterations of the software, regardless
            of who made them, if any, are, and will remain, the sole and
            exclusive property of the Licensor.
         2. Third party software
            Some third party software included in the jsHybugger software
            may be subject to other terms and conditions. These terms and
            conditions are available in the separate file
            "LICENSE.3rd-party.txt" included in the jsHybugger
            distributions, and directly from the web sites of the
            corresponding vendors.
         3. No removal of notices
            The Licensee agrees that he will not remove, obscure, make
            illegible or alter any notices or indications of the IP Rights
            and/or Licensor's rights and ownership thereof, whether such
            notice or indications are affixed on, contained in or
            otherwise connected to any materials.
         4. No hacking
            The Licensee is not allowed to undertake, cause, permit or
            authorize the modification, creation of derivative works,
            translation, reverse engineering, decompiling, disassembling
            or hacking of the jsHybugger software or any part thereof
            except to the extent permitted by law.
         5. No redistribution
            The Licensee is not allowed to sell, assign, rent, lease,
            distribute, export, import, act as an intermediary or
            provider, or otherwise grant rights to third parties with
            regard to the jsHybugger software.
     * GRANT OF LICENSE
         1. Licensee and authorized users
            Each of the following License grants are valid for the
            specified Authorized User(s). If the Licensee is a legal
            person, the Licensee itself is just a party of this Agreement.
            The natural person(s) authorized to use the jsHybugger
            software is/are the particular natural person(s) who is/are
            defined below as the Authorized User(s).
         2. Single license
            Licensor hereby grants the Authorized users of a Licensee who
            is holding a valid license certificate of type "jsHybugger
            Single license", a non-exclusive, non-sublicensable,
            non-assignable, time-limited license to use the jsHybugger
            software according to the terms and conditions of this
            Agreement and the Licensee accepts this Single license by
            purchasing the License certificate.
            A Single license is property of an individual who have
            purchased it using his/her own funds, and of legal entities,
            including companies and organizations (both for-profit and
            non-profit), requiring the software for general commercial use
            by an individual within that entity. Transfer of Single
            licenses to any third party is prohibited by the jsHybugger
            License agreement. The License is granted only for the time
            period specified in the License certificate.
         3. Team/Site license
            Licensor hereby grants the Authorized users of a Licensee who
            is holding a valid license certificate of type "jsHybugger
            Team license" or "jsHybugger Site license" or, a
            non-exclusive, non-sublicensable, non-assignable, time-limited
            license to use the the jsHybugger software according to the
            terms and conditions of this Agreement. The Licensee accepts
            this License by purchasing the license certificate.
            The Authorized users are any indivdiual within the Licensee
            entity, with the restriction that the number of concurrent
            ("floating") users can not exceed the number of allowed
            concurrent users (units) as specified by the License
            certificate held by the Licensee. The License is granted only
            for the time period specified in the license certificate.
         4. Upgrades
            The Licensee can upgrade to a newer version at any time, if
            not stated otherwise in the Agreement attached to the new
            version of the jsHybugger software. By upgrading to a newer
            version, the Licensee accepts the terms and conditions of the
            Agreement attached to the newer version if the Agreement has
            changed between the two versions of the jsHybugger Software.
         5. Unauthorized usage
            The usage of jsHybugger software is allowed only on basis of a
            License of any type granted to the Authorized Users above. If
            in any circumstances should an Authorized User or any third
            person discover or create a way to use the jsHybugger
            software, with or without a License key, beyond the scope of
            the License granted to him, this by no means indicates that
            this use of jsHybugger software is allowed.
            The jsHybugger software must not be integrated in or used as
            part of services that are provided to any individuals or legal
            entities who are not Licensees (e.g. Software as a Service
            [SaaS], cloud services).
     * DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
         1. Disclaimer of warranty
            Subject to any statutory warranties which cannot be excluded,
            the Licensor makes no warranties or conditions either express
            or implied, including but not limited to, the implied
            warranties or conditions of merchantability, fitness for a
            particular purpose, and non-infringement, regarding the
            jsHybugger software. Although the Licensor will make
            reasonable efforts to fix errors in jsHybugger software, the
            Licensee acknowledges and accepts that the jsHybugger software
            is provided "as is".
         2. Limitation of liability
            TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL LICENSOR
            BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
            SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
            DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY,
            ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
            JSHYBUGGER SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
            POSSIBILITY OF SUCH DAMAGES.
         3. Liquidated damages
            In no event will Licensor's liability to the Licensee, whether
            in contract, tort (including negligence), or otherwise, exceed
            the amount paid by the Licensee for the jsHybugger software.
            The foregoing limitations will apply even if the above stated
            warranty fails of its essential purpose.
     * CUSTOMER SUPPORT
       For a Licensee holding a valid License Certificate, support will be
       available during the period of validity of Licensee's License
       certificate as follows: For holders of a paid License certificate
       of any type, email support is guaranteed to be available at least
       during the period of 365 days from the purchase of the License
       certificate. The response time will be reasonable, but no specific
       response time guarantees are given.
       Any guarantees of support availability only apply to the latest
       version of jsHybugger software. The Licensee is allowed to upgrade
       to the latest version as specified by this Agreement.
     * GENERAL TERMS
         1. Alteration of terms
            Licensor will reserve itself a right to change the terms of
            the current Agreement at any moment by making the new revision
            of this Agreement available on Licensor's website and
            including it in the future releases of the jsHybugger
            software.
               o By updating the jsHybugger software to a newer version
                 that includes the new revision of this Agreement, the
                 Licensee agrees to the new revision of this Agreement.
               o By purchasing or otherwise receiving and accepting a new
                 License certificate, or otherwise extending the period of
                 use of the jsHybugger software, the Licensee agrees to
                 the latest revision of this Agreement available at that
                 moment on Licensor's web site.
         2. Termination of the agreement
               o This Agreement is effective until terminated.
               o Expiration or nonexistence of the License does not
                 terminate the Agreement. The termination of the Agreement
                 also terminates any License given in this Agreement.
               o This Agreement will terminate immediately without notice
                 from Licensor if the Licensee fails to comply with any
                 provision of this Agreement.
               o The Licensee may terminate this Agreement at any time by
                 destroying all copies of the jsHybugger software and
                 notifying Licensor by email.
               o Upon termination of the Agreement, the Licensee must
                 destroy all copies of the jsHybugger software.
               o Upon termination of this Agreement, all terms in sections
                 "Intellectual Property Rights" (section II), "Disclaimer
                 of Warranty and Limitation of Liability" (section IV),
                 "General terms" (section VI) and other terms that should
                 survive due to their nature will continue to be
                 effective.
               o Licensee agrees that upon termination of this agreement
                 for any reason, Licensor may take actions so that the
                 jsHybugger Software no longer operates.

   Date: 2014-02-03
