fipsASP / JRP webdesign
9020 Klagenfurt, Austria
http://www.fipsasp.com / http://www.jrp.at

License Agreement

This End Users License Agreement ( EULA ) is a legal agreement between you, the buyer as the Licensee and fipsASP/JRP webdesign as the Licensor. Please read it carefully before you buy or install and use the software/application . With installation or using the software/application you fully agree with the conditions of this agreement. If you do not agree with the conditions you must delete the software/application from your computer and destroy made copies on data media and/or dont even buy the software/application. The conditions concern both the software/application and provided or downloaded additives or updates supplied later or additionally.

Illegal use of the software/application or use of the software/application not in in accordance with this license agreement represents a license offense and/or a break of the license agreement which you agreed with the download and/or the installation and can be charged with a contractual penalty up to three times of the license fee.

1. License Grant

According to the type of License you purchase or aspire from Johann Piber - JRP webdesign / fipsASP as the Licensor one of the following License definitions is valid for you as the Licensee. The same conditions apply accordingly to supplementary modules the Licensee has purchased or got for free or which have been especially developed for the Licensee.

1.1 Freeware Licenses

1.1.1 Freeware - Single Website License
This License definition is valid for the software/application(s) available free of charge only.
The Licensee has a not exclusive, not transferable and limited right for the use of the application.
The software/application may be used on one computer/webserver or one domain only. The Licensee may make one copy of the software/application on a data medium of his choice. This copy may only serve safety (backup) needs. On such a copy all copyright notes and license regulations must be included. The Licensee may not change the software/application, reprogram or in other kind rebuild it and/or include it into other products of the Licensee or third parties. For changing/editing the sourcecode please see definition 2. also. The Licensee may not sell, pass on or transfer the product (license) single nor within his own projects or products or within the projects or products of third parties or customers appart from written declaration of approval of the Licensor (also see condition 3.)..
The Licensee may not change or edit any copyright information within the sourcecode of the software/application. This Information is not visible for the public. All visible pages have to include a visible reference (link) to the Licensor. This may be a kind of text (e.g. Powered by fipsASP or Copyright fipsASP) or a graphic (88x31 Pixels minimum). This reference must include a working link to http://www.fipsasp.com. The Licensee may purchase a commercial License at any time.

1.2 Commercial Licenses

The Commercial Licenses are valid only together with a valid invoice or other written declanation of validity of the Licensor.

1.2.1 Single Website License
he Licensee has a non exclusive, not transferable and limited right for the use of the application.
The software/application may be used on one computer/webserver or one domain only. The Licensee may make one copy of the software/application on a data medium of your choice. This copy may only serve safety (backup) needs. On such a copy all copyright notes and license regulations must be included. The Licensee may not change the software/application, reprogram or in other kind rebuild it and/or include it into other products of you or third parties. For changing/editing the sourcecode please see definition 2. too. The Licensee may not sell, pass on or transfer the product (license) single nor within his own projects or products or within the projects or products of third parties or customers appart from written declaration of approval of the Licensor (also see condition 3.).
The Licensee may edit the public visible copyright information but not any copyright information within the sourcecode. The Licensee may not edit the admin area/pages in any way: Every copyright information or similar notices, may it be visible or not visible (sourcecode), must stay as it is.

1.2.2 Single Website License with Rebranding Option
Same License definitions as Single Website License with these exceptions:
The Licensee may edit every visible copyright information and similar notices, also in the admin area/pages.

1.2.3 Developer License
Same License definitions as Single Website License with the following variance:
The Licensee may use the software/application for any projects for himself or for his customers. The Licensee may not reprogram/recompile or edit the software/application in any way to resell it as a new standalone software/application (means the Licensee may not compet with us with a software/application based on our software/application).
The License remains to the Licensee - his Customer just has the right to use the application/software accordingly to this License Agreement. License and Responsibility will remain to the Licensee.

1.2.4 Developer License with Rebranding Option
Same License definitions as Developer License with these exceptions:
The Licensee may edit all visible copyright information and similar notices, also within the admin area/pages.

2. Sourcecode editing / changing - Reciprocal License
The Licensee may edit or make improvements or additions to the sourcecode of the software/application or the software/application itself. In such a case this License Agreement extends to these changings automatically.
The Licensee has to provide the changed sourcecode or software/application to the Licensor for free and also the Licensee has to provide a royalty-free reciprocal License to the Licensor to use and exploit the changed sourcecode or software/application in any way.

3. License Transmission to Third Party
The Licensee may transmit his License to a third party only with written declaration of approval of the Licensor.
Further conditions for transmitting a License to a third party are:
- The License fee has to be fully paid to the Licensor,
- the Licensee has to notify the Licensor of all data of the third party (name, address, homepage, email address) and
- the third party has to agree to the License Agreement. This declarement has to be send to the Licensor in written form.
The previous Licensee must hand over all sources of the application/software (download files, CD etc) to the new Licensee without loosing any time.

4. Property
Products, titles, copyright and sourcecode are and will remain property of the Licensor and are not transfered to the Licensee in any way. After the purchase of a product the Licensee receives only the right to use the product according to the regulations of this license. But there is right to adapt the sourcecode or the design to the needs of the Licensee (see condition 2.).
The Licensee may not change any copyright information within the sourcecode. These information is not visible for the public.
The Licensee may not copy or duplicate the manual or other written material or documentation (means also downloaded PDF files) without written permission of the Licensor, unless the intellectual property law in force provides any exceptional regulations hereof.

5. Right to Reference - Onus of Information
The Licensor has the right of setting a reference (link) to the Licensee. This may be a reference to the homepage of the Licensee or to the application/software directly itself. The reference may be linked. Deeplinks are allowed.
The Licensee has the liability to inform the Licensor about the domain (webserver or computer) the application/software is installed or used. This liability affects also Developer Licenses whereby the Licensee has to inform the Licensor of all installations or usage like mentioned before.

6. Refund
Due to the nature of the software/application all sales are final. Shipment will be electronic (by email and/or download). The Licensee will receive the full source code. As soon as the product was conveyed after a purchase, no more refund will be made. It is highly recommended to use our product demo in order to see whether the product corresponds to your needs. The bought product is either newer or at the same level of development than the respective demo. If we make changes at the code or improve the source code, then these changes are in the bought products, but possibly not immediately contained in the demos.

7. Support
The Licensee gets 14 days free technical support by email for commercial purchased License. This means, the Licensor will try to analyze error messages and help the Licensee further via email. At expiration of this time support achievements are charged. Please have a look at the support pages and into the FAQ at the Licensors homepage in order to avoid unnecessary achievements/payments. Free Licenses are not supported free of charge.
With possibly resold licenses (only possible with written permission of the Licensor) the Licensee is responsible for the support of his customers. On request also the Licensor will provide payable support.
When there are made any changings or improvements to the Sourcecode or the application/software by the Licensee he will not be provided with free support in any way. In such a case Updates to the application/software will be made on the Responsibility of the Licensee himself.

8. Responsibility - Warranty
The Licensor does not guarantee that his Products and Services or the functions in his application/software corresponds to the requirements of the Licensee or are without any errors and run perfectly. The Licensee holds the risk for the correct installation and corresponding executability of Licensors products and services or application/software.
Under no circumstances the Licensor will be responsible for profit losses or damage - direct or indirect, imprisonment for debt or on other kind by use of his products. This applies also if the Licensor has been informed before of such a possibility.
Only if the Licensor handles on criminal intent or rough careless (gross negligence) he shall be liable for damages etc mentioned above.

9. Miscellaneous
Place of Performance of all contractual Obligations and place of jurisdiction for all disputies out of the contractual relationship is Klagenfurt (Austria). The Licensor retains the option to sue the Licensee at his general place of jurisdiction.
Austrian law shall apply only.
All notices or communications which are required or permitted shall be written in English or German and send by email (registered or certified mail) or postage (prepaid) to this address of the Licensor: Johann Piber, Funderstraße 26/1, 9020 Klagenfurt, Austria, email: mail@jrp.at or mail@fipsasp.com.

Klagenfurt, February 23rd, 2005