PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE “I AGREE” BUTTON DURING THE INITIAL INSTALLATION OF THE SOFTWARE, YOU AGREE TO ALL CONDITIONS OF THIS AGREEMENT.

This Agreement is a legally valid contract between you as the User and KnowledgeFox GmbH (hereafter also referred to as “KnowledgeFox GmbH” or “K-FOX”) for KnowledgeFox® (hereafter also referred to as “Software”) and its associated software components, media, printed materials and online or electronic documentation.

KnowledgeFox® is protected by copyright laws, trademark registration and by other relevant laws as the intellectual property of KnowledgeFox GmbH. The KnowledgeFox® Software is released for use, not sold. The rights granted to you as a User are based on a licence, (right of use) not on the transfer of ownership of a title, i.e. software.

LICENSING

With this Agreement, KnowledgeFox GmbH grants the personal, nonexclusive, and nontransferable right (permission to use the product) to use KnowledgeFox®. Any further rights of use are held by KnowledgeFox GmbH and are expressly reserved, particularly all property rights and copyrights as well as other rights to intangible goods. Please note: as a User, you may not copy the software or grant any sublicenses.

KnowledgeFox GmbH maintains the ownership of all rights and intellectual property rights to KnowledgeFox® (including, but not limited to, images, photographs, animations, video, audio, music, text and “Applets”, which are included in KnowledgeFox®), to the accompanying printed materials and to every copy of KnowledgeFox®.

With regard to content (Microcontent) that can be accessed using KnowledgeFox®, the property rights and intellectual property rights belong to the respective content owners and may be protected by applicable copyright laws and other laws and agreements on intellectual property. This Agreement does not grant you any right to use such content for anything other than your personal learning purposes.

All rights not expressly granted in this Agreement are reserved by KnowledgeFox GmbH or the respective owner of the learning content (Microcontent).

K-FOX grants the User the licence to use the documentation accompanying the KnowledgeFox® Software solely for personal, internal and non-commercial reference purposes.

The User is neither entitled to make copies of the Software, nor to rent, lease or lend the Software, nor to use it for the provision of commercial hosting services, nor to transfer the Software from one computer to another by electronic means or via a network.

The User is neither entitled to reverse engineer, decompile or disassemble the Software, nor to carry out reverse engineering in general, nor attempt to determine the source code of the Software, except where and insofar as this restriction is prohibited by applicable law.

The KnowledgeFox® Software is licensed as an integrative client-server product. The User does not have the right to separate its components for use on more than one device even in the event that not all components of the Software are used. Excepted are such cases where, for operational purposes, component parts of the Software must be installed jointly on a storage device (e.g., a network server) as well as on a separate device in order to be able to use the Software.

The User must be in possession of a valid licence for the preceding version in order to use a version of the Software designated as an update or upgrade. Following installation of the update or upgrade, the User is no longer authorized to use the original Software constituting the prerequisite entitling the User to the update or upgrade, unless as part of the Software in the form supplemented by the update or upgrade.

Test licences or pilot projects solely permit the use of the Software for testing and evaluation of the Software during the test period. The User is not entitled to any other form of usage.

GUARANTEE

The K-FOX guarantees KnowledgeFox® to be free of faults and basically usable according to current state-of-the-art technology, provided the User is in possession of a valid licence for the Software.

We shall not grant any guarantee for errors, malfunctions or damage due to improper operation, faulty installation, altered operating system components, interfaces and parameters, the use of inappropriate organizational aids and data media insofar as they are required, as well as parameter modifications effected by you or a third party. KnowledgeFox GmbH shall assume no guarantee for learning progress or testing success.

The User acknowledges that, due to the multitude of possible system configurations and the interaction of different programs and their configuration settings, the creation of entirely flawless software is not possible. This may mean that, under certain circumstances, the functions and working capacity of the Software may be limited or not at all useable due to the system configuration of the User device. No property, nor the availability or operability of the Software for a specific use is guaranteed. In particular, no guarantee is granted that the Software shall be suitable and useable for the User’s intended purpose, regardless of the circumstances.

As the User, you hereby confirm to us that you are authorized to install our Software on your usage device.