End User License Agreement

End User License Agreement for VIRTOMIZE (hence forth “SOFTWARE”). PLEASE READ THESE NOTES CARFULLY BEFOR INSTALLIONG THE SOFTWARE. The Virtomize GmbH End-User License Agreement (EULA) is a contract between You and the Virtomize GmbH for the use of Virtomize GmbH software products and including possible additional software components, media, printed media and online or digital documentation. You accept this EULA through installing, copying, or otherwise using the SOFTWARE. This contract between You and the Virtomize GmbH (LICENSOR) and replaces all prior contracts and agreements between these two parties. Do not install or use the SOFTWARE, if You do not agree to these terms.

The SOFTWARE is protected by international copyright and intellectual property treaties. The SOFTWARE is licensed, not sold.

1. License

The SOFTWARE is licensed as follows
  • a) Installation and usage
    The LICENSOR grands a non-exclusive, non-transferable and non-sub-licensable right to install and use the SOFTWARE in conjunction with an intended and properly licensed hypervisor, which is supported by the SOFTWARE
  • b) Backups
    You can create a backup copy of the SOFTWAREs appliance for backup purposes.

2. License Limitations

  • a) Copyright and trademark indications.
    You may not remove, alter or hide copyright and trademark indications from the SOFTWARE.
  • b) Distribution
    You may not distribute, share or rent the SOFTWARE or LICENSE to third parties.
  • c) Reverse engineering
    You may not reverse engineer, decompile, disassemble or in any other way reconstruct the source code of the SOFTWARE. Exceptions are the limitations given by current law.
  • d) Renting
    You may not rent out, lease or license the SOFTWARE to third parties.
  • e) Support
    The LICENSOR offers software support for the SOFTWARE. Any additional software provided through this service is also subject to this EULA
  • f) Compliance to law
    You must respect applicable laws when using the SOFTWARE

3. Termination of License

The LICENSOR may terminate the license at any time, without giving reasons or prior notice. Noticeably, this will be the case if You violate this EULA. In case of termination You will delete all copies of the SOFTWARE in your possession.

4. Copyright

All content is subject to the LICENSOR. This EULA does not grant any rights to this material. All not explicitly granted rights are reserved by the LICENSOR.

5. Warranty disclaimer

You acknowledge the use of the SOFTWARE is at your own risk. The software is supplied “as is”, without any explicit or implicit warranty. The LICENSOR does not guaranty for correctness, completeness of the SOFTWARE or its contents. The LICENSOR shall not be liable for any loss or damages arising out of the use of the SOFTWARE, e.g. Transfer of viruses, worms, time or logic bombs, trojan horses or similar programs. The LICENSOR furthermore rejects any warranty or guaranties mad to users and third parties.

6. Limitations of liability

The LICENSOR is not liable for direct, indirect, special, accidental, incidental or consequential loss or consequences. The LICENSOR is not liable to the contents of the SOFTWARE, e.g. slander, breaches of privacy, copyright.

7. Changes

The LICENSOR reserves the right to change, update, amend or replace parts of this EULA. A current version can be accessed at any time through the SOFTWARE or the LICENSORs web site. The LICENSOR reserves the right to change, the SOFTWARE without further notice. Reasons for such a change can include updates, maintenance or optimization.

8. Dispute Resolution

Any disputes between you and the LICENSOR will be first attempted to be negotiated for at least 30 days before intuiting arbitration or court proceedings. All disputes shall be governed by German law.

9. Multiple Use

Each granted license allows the use of a single Virtomize instance.

10. Telemetry

Virtomize collects telemetry data with the purpose of improving the product. This data is periodically sent to the Virtomize GmbH. It is not shared with third parties.

11. Final remarks

The unaffected rest of the agreement remains intact, should any part of this EULA be (or become become) in conflict with law or be unenforceable. Any such part is replaced by a clause of the same intention as the invalid one, which is not in conflict with law and enforceable.