IOSONO Software End User License Agreement (EULA)

1. General

1.1 All intellectual property rights belonging to software products (hereinafter “IOSONO software”) developed by the IOSONO GmbH (hereinafter "IOSONO") are held by IOSONO and its sub-licensees. Use of IOSONO software products is only permitted in the scope of this agreement. You, as the end user (hereinafter “Licensee”) of the IOSONO software, are only entitled to use the IOSONO software by accepting the following terms and conditions.

1.2  The IOSONO software contains copy protection to avoid unlawful use and a therewith connected scheme of unlocking the software for permanent usage. The Licensee agrees to the terms and conditions of the licensing procedure. An unlimited use of the IOSONO software is only granted after the license activation process has been successfully completed.

1.3 The IOSONO software may be protected with 3rd party copy protection devices. The Licensee accepts the license activation schemes, related to such external copy protection license handling procedures, such as eLicenser, iLok, challenge response, account-based registration etc. in order to activate the IOSONO software.

1.4 By installing the IOSONO software on your computer you accept the terms and conditions of this agreement. If you do not accept these terms and conditions, you are not authorized to install the IOSONO software on your computer and make use of them.

1.5 In case you do not accept the terms and conditions of this agreement you are entitled to give back the software within a time period of 14 days after date of purchase in return for a refund of the product purchasing price. The return of IOSONO software is only granted in case you have purchased a boxed product version. You have to return the complete package including all hardware included.

1.6 Products that are purchased in the form of downloads from cannot be returned. These Licensing Terms and Conditions are available prior to conclusion of the purchasing contract within the IOSONO online shop.

2. Rights of Use, Limitations

2.1    IOSONO grants the Licensee the non-exclusive right to use the IOSONO software for an unlimited period of time and in accordance with the purposes set forth in these licensing terms and conditions. The Licensee must not use the IOSONO software other than for own business or private purposes and must not allow third parties to use the licensed object. The Licensee must not reproduce, rewrite, recompile, reverse engineer or modify the licensed object or change functionalities of the program, in parts or in its entirety. The Licensee is not entitled to sub-license, loan or lease IOSONO software.

2.2    The right of use granted to the Licensee under No. 2.1 is limited to the use of the IOSONO software on up to three computers which are used in accordance with the agreed purpose of use. Use shall be loading, displaying, running, transmitting, and storing of the IOSONO software for the purpose of running it and processing the Licensee's data.

2.3    IOSONO does not grant any further rights to the Licensee for using the IOSONO software other than stated in this agreement. This also applies to logos, trademarks and product names. All further rights reserved. Any use of the IOSONO software in excess of these terms and conditions requires the prior express written consent of IOSONO.

2.4   IOSONO software that is used for educational trainings such as lecturing, shall not be used for any commercial purposes. The rights of usage include installation of IOSONO software on student computers within the educational facility and on the lecturer’s home computer for accompanying educational preparation work.

2.5   A license grants one single user named by the Licensee the right to use the licensed object. A second person may use the licensed object only in place of the named user and only to the same extent of the first user's right. Rights can be transmitted to another person also accepting the terms and conditions of this agreement. IOSONO software shall not be used in a technical environment where a single product instance can be operated by multiple users at the same time. This condition may not apply to specifically created multi-seat licenses/products as well as in the case of written exceptions, explicitly granted by IOSONO.

2.6   The Licensee is entitled to prepare a backup copy of the IOSONO software made available on data media or via remote data transmission (including downloads). The use of the backup is allowed only in case of deterioration or loss of the original IOSONO software copies that were made available on data media or via remote data transmission. These Licensing Terms and Conditions shall apply accordingly for the use of the backup copy by the Licensee.

2.7    OEM software developed by IOSONO may be subject to a mandatory end-user registration process needed to activate the product for usage, to access technical support and to check authorization for special update/upgrade offers. In this context, IOSONO is entitled to forward all data of the Licensee given in the framework of the registration process to 3rd party companies for technical reasons, such data storage systems. You should not register if you do not accept to provide your personal data within the registration process. IOSONO does not take over any liability for possible data losses, damages or any other effects related to the usage of an OEM product. OEM software products cannot be returned for any reason.

2.8  Trial versions of IOSONO software products can only be used for a limited period of time and/or are subject to other functional limitations. The right of usage ends with the expiration of the trial period. IOSONO does not take over any liability for possible data losses, damages or any other effects related to the expiration of the trial version. Trial version software product developed by IOSONO may be subject to a mandatory end-user registration process needed to activate the product for usage, to access technical support and to check the authorization for special update/upgrade offers. In this context, IOSONO is entitled to forward all data of the Licensee given in the framework of the registration process to 3rd party companies for technical reasons, such data storage systems. You should not register if you do not accept to provide your personal data within the registration process.

2.9  The Licensee may transfer the IOSONO software copies made available on data media or via remote data transmission (including downloads) to third parties (i) only with the prior written consent of IOSONO which may only be withheld for good cause and (ii) only if the Licensee has deleted, at the time of transfer, any and all other copies made of the IOSONO software, so that it is impossible for the Licensee to continue to use the IOSONO software. The IOSONO software must not be passed on to third parties for the purpose of use of the licensed object in parts or for a limited time period against payment (lease).

3. License Management

3.1 IOSONO is using a copy protection scheme to avoid unlawful use of the IOSONO software. In case a physical devise is used for copy protection, such as an USB key, the device needs to be plugged into a free hardware part of the computer in order to run the previously installed IOSONO software. This device also saves the license and needs to be connected to the computer for any change made with regards to the license, such as license activation or transfer actions. Please also refer to additional documents on the installation and activation of the respective product.

3.2 The IOSONO software must be activated with a code shown on a product card which is delivered to the Licensee together with the IOSONO Software data media or, if the IOSONO software was transmitted via remote data trans-mission (“download”), by e-mail.

3.3 To activate the IOSONO software or updates respectively upgrades thereof, the computer holding the copy protection device must be connected to the Internet. The activation code shown on the product card which is delivered to the Licensee together with the IOSONO software data media or sent by e-mail must be entered by the user during installation. The license information must be exchanged with 3rd party computer systems/servers.

3.4 The IOSONO software may be reinstalled on the same or a different computer only if the original software installation is no longer usable (e.g., after de-installation). In case the Licensee purchases an update, the new version of the respective software will replace the previous version.

3.5 IOSONO assumes no obligation in case the copy protection device is lost or broken. The Licensee is responsible for all financial and organisational effects occurring by a loss or damage (including loss of installed licenses) of the copy protection device.

4. Updates / Upgrades

4.1 IOSONO will continually enhance the IOSONO software at its own discretion. In doing so, IOSONO will provide small new features and bug fixes (updates). The updates will be provided to the Licensee free of charge via download or otherwise.

4.2  A valid predecessor version of the IOSONO software must be installed and licensed prior to the installation of a new version of this product for a discounted price (“update price”). The update-version (generally) replaces the exiting version of the product.

4.3 IOSONO expressly reserves the right to offer major new features, extensions, and improved compatibility (upgrades) with costs.

4.4 IOSONO has the right to change the support structure and the way of providing updates without further notice.

5. Warranty

5.1 IOSONO grants to the Licensee that the software is able to run all vital functions described in accompanying documents and on the website. Minor discrepancies from the described feature set do not qualify for any warranty claim.

5.2 In case of a valid warranty claim, IOSONO is only obliged to provide a new version of the software. The development of a new version is on IOSONO’s sole discretion. Alternatively, IOSONO is entitled to refund the selling price.

5.3 Trial and OEM versions do not fall under warranty claims.

6. Limitation of Liability

6.1  IOSONO shall only be liable in the framework of the Product Liability Act, common damages related to grossly negligent breach of duty as well as serious misbehaviour of IOSONO employees.

6.2  The liability of IOSONO for damages based on grossly negligent breach of duty in the framework of this contract is limited to a maximum amount of 2,000 Euro.

7. Third Party Software

7.1 IOSONO software partly uses third parties' software and other resources protected by copyright. Further information and the Licensing Terms and Conditions applicable thereto are contained in the IOSONO software online documentation. The use of such software and other resources are subject to the terms and conditions referred to therein.

8. Final Provisions

8.1 Both parties constitute the entire understanding on all aspects of the contract and agree on all terms and conditions.

8.2  Amendments must be made in writing. Supplements must be made in writing.

8.3  All IOSONO software are protected by the law of the Federal Republic of Germany and the law of the European Union.

8.4 In any other respects and unless otherwise agreed in these Licensing Terms and Conditions, the provision and use of the IOSONO software is subject to the General Terms and Conditions of IOSONO.

8.5  In case any clause of this agreement should become invalid or an aspect is not regulated, other clauses shall not be affected and are still valid. The invalid clause should be replaced by a valid one, which comes as close as possible to the purpose of the original clause.

8.6  Place of jurisdiction is Erfurt, Germany.