Phywe Systeme GmbH, Measure Software
End user license agreement

IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE, COPYING THE SOFTWARE AND/OR CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE.  IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE "NO" BUTTON AND/OR DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.


1. Grant of license

Subject to the terms below, Phywe Systeme GmbH hereby grants you a non-exclusive, non-transferable license to install and to use the measure-software. Whether you are licensing the Software as an individual or on behalf of an entity, you may not: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, or create derivative works based upon, the Software in whole or in part; (iii) remove any proprietary notices or labels on the Software; or (iv) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. 


2. Title

You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in Phywe Systeme GmbH. The Software is protected by copyright of the Federal Republic of Germany.


3. Disclaimer of warranty

The Software is provided to you at no, or minimal charge. Phywe Systeme GmbH shall not be liable for indirect, incidental, special, cover, reliance, or consequentiell damages (including, but not limited to, loss of anticipated profit) arising from any cause under or related to this agreement. 


4. Limitation of liability

You must assume the entire risk of using the program. In no event shall Phywe Systeme GmbH be liable to you for any damages, including any lost profits, lost savings, or other incidental, indirect or consequential damages of any kind aristing out of the use of the measure software, even if Phywe Systeme GmbH has been advised of the possibility of such damages. In no event will Phywe Systeme GmbH liability for any claim, whether in contract, tort, or any other theory of liability, exceed the license fee paid by you, provided, however, if the relevant product was provided to you at no charge you agree Phywe Systeme GmbH shall not be liable to you for any damages. This limitation shall apply to claims of personal injury to the extent permitted by law. 


5. Miscellaneous

Severability.
In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement. 

Governing Law.
This Agreement will be governed by the laws of the Federal Republic of Germany. 

Entire Agreement.
You agree that this is the entire agreement between you and Phywe Systeme GmbH, which supersedes any prior agreement, whether written or oral, and all other communications between Phywe Systeme GmbH and you relating to the subject matter of this Agreement. 

Reservation of rights.
All rights not expressly granted in this Agreement are reserved by Phywe Systeme GMBH. 


PHYWE SYSTEME GMBH, Robert-Bosch-Breite 10, D-37079 Göttingen, Germany. All rights reserved.