Terms of Conditions

 

LICENSE
The company MaxStat Software, also referred to as “company”, „we“ or „us“, has created Windows versions of MaxStat and herein referred to as „the Software“. “The authorized user” or “purchaser” refers to the person purchasing a license key for the Software. By receiving, opening the file package containing the Software, and/or using the Software, the authorized user agrees that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. The authorized user agrees to abide by the intellectual property laws and all of the terms and conditions of this Agreement. We grant the authorized user a limited, non-exclusive, non-transferable license, without right to sub-license, to use
the Software in accordance with this Agreement and any other written agreement with us. We do not transfer the title of the Software to the authorized user; the license granted to the authorized user is not a sale. The Software is licensed, and not sold. This agreement is a binding legal agreement between us and the purchasers or authorized users of the Software. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO INSTALL, COPY, OR OTHERWISE USE THE SOFTWARE.

 

USE OF AN INDIVIDUAL LICENSE
The authorized user may install the Software on up to two computers at a time, but it is to be used only by the authorized user. Regardless of who purchases the software, only one person is authorized to use the software. Use of the Software means that you have loaded, installed, or run MaxStat on a computer or similar device. If the authorized user intend to install the Software onto a multi-user platform, server or network, the user needs to purchase a special license (please contact us at info@maxstat.de).

 

MaxStat offers licenses with different run times. Licenses with a run time of four weeks (4 weeks) and six months can be activated twice during the run time. Annual license can be activated thrice within the run time of one year, and the perpetual license (never expires) can be activated four times. Activation means entering license key to the Software to convert a trial version to a full version with time limitation according to the license type purchased. It gives the authorized user the possibility to install MaxStat on a new computer. However, the authorized user may install and activate the Software only on up to two computers at a time, and it is to be used only by the authorized user. Exceeding the number of possible activations means the authorized user needs to purchase a new license. We only increase number of activations for free on a case by case basis at our sole discretion.

 

USE OF A TRIAL VERSION
We offer a free version of the Software for the purpose of testing. The user may use the trial version of the Software for up to 14 days from the date that the user installs the Software. After 14 days the trial version cannot longer be used and the user of the trial version must either purchase a permanent or temporary license to use the Software, or immediately uninstall the Software and destroy all copies of the Software in his/her possession.

 

UPGRADES
If the authorized user purchased his/her license as an upgrade from a prior version, we grant the authorized user to run the prior version on the same computer the authorized user installed the upgrade of the Software. However, authorized users are not allowed to sell, loan, distribute, assign or transfer his/her prior version license to anyone.

 

LIMITED WARRANTY
The Software and all its components are licensed “as is”, and we disclaim any and all warranties, whether express or implied, including (without limitation) any implied warranties or merchantability or suitability for a particular purpose. For this reason, we offer any user a free trial version for testing purpose prior purchasing a license key. Computer programs are inherently complex, and the Software may not be free of errors. We do not warrant that the Software will be uninterrupted, timely, reliable, secure or error-free in its operation. If this disclaimer is not allowed, the company’s liability shall be limited to refunding the purchase price.

 

LIMITED LIABILITY
Our cumulative liability to the authorized user or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to us for the use of the Software. In no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if we has been advised of the possibility of such damages.

 

RESTRICTIONS
We are not liable for computational errors, e.g. computing false statistical results or contradictory results as statistic is not an exact discipline. In extreme cases the use of different algorithms and rounding errors can lead to false interpretation of data. We are not liable for any damage caused by the Software, including loss of profit, physical injury, property damage, or loss of life. The authorized user may not translate, reverse engineer, decompile, modify, disassemble, or modify the Software in any other ways. The authorized user may not install, use, distribute or copy the Software (or its license key) except as expressly permitted in this EULA. The authorized user may not sell, loan, distribute, assign or transfer your copy of the Software (or its license key) to anyone else.

 

BACKUP COPY
The authorized user may make one backup copy of the Software for archival purposes only.

 

INTELLECTUAL PROPERTY
The authorized user acknowledge that he/she has only the limited, non-exclusive right to use the Software as expressly stated in this license and that we retain title to the Software and all other rights not expressly granted. The authorized user agrees not to remove or modify any copyright, trademark, patent or other proprietary notices that appear, on, in or with the Software. The Software is protected by international copyright, and trademark laws and international treaty provision.

 

UPGRADES
We may create, from time to time, update versions of the Software. At its option and at such a fee as we may determine, we may make such updates available to authorized users.

 

TERMINATION
This license terminates if the authorized user fail to comply with its terms and conditions. If his/her license terminates, the authorized user must destroy all copies of the Software. The Limitations of Warranties and Liability set out above shall continue in force even after any termination.

 

ENTIRE AGREEMENT
This license agreement represents the entire agreement concerning the Software between the authorized user and us, and it supersedes any prior proposal, representation, or understanding between the parties.

 

SEVERABILITY
If any provision of this license agreement is held to be invalid, illegal, or unenforceable, it will be construed to have the broadest interpretation that would make it valid and enforceable. Should any court of competent jurisdiction declare any term of this license agreement void or unenforceable, such declaration shall have no effect on the remaining terms hereof.

 

ACKNOWLEDGEMENT
Ticking checkbox on our website during purchase process, installation and/or use of the Software affirms that the authorized user have read and understood this agreement, and agree to be bound by its contents.

 

REFUND POLICY
The company MaxStat Software, also referred to as “company”, „we“ or „us“, has created Windows versions of MaxStat and herein referred to as „the Software“. “The authorized user” or “purchaser” refers to the person purchasing a license key for the Software.

 

By accepting the refund policy, the purchaser consents expressly to receiving the license key during the cancellation period and, therefore, lose his/her right of withdrawal from the contract. In other words, by purchasing the Software the purchaser waives his/her right of withdrawal. This premature expiration of the right of withdrawal is due to the fact that digital content – once it has been downloaded or received by email (or any other electronic form) – may be easily reproduced in contrast to physical objects and, therefore, there is also the possibility of the digital content remaining on the end device of the customer even in the event of cancellation from the contract. If the purchaser has any question or concern with the refund policy, he/she should send us an email (sales@maxstat.de) before purchasing the Software for clarification. We only make exceptions to the refund policy on a case by case basis at our sole discretion and only if the product appears to be not-as-described or as part of limited warranty as described in our terms and conditions and license agreement. The deadline for any refund claim is 14 days after the date of the electronic delivery of the license key. The refund is issued to the authorized user after we receive a Waiver of Copyright signed by you. This is a required condition.

 

ACKNOWLEDGEMENT
Ticking the checkbox on our website during purchase process affirms that the authorized user have read and understood this refund policy, and agree to be bound by its contents.