Software License Agreement for all Totalidea Software Products
IMPORTANT - READ THESE TERMS CAREFULLY.

BY DOWNLOADING OR USING ANY SOFTWARE PRODUCT FROM TOTALIDEA SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY UNINSTALL THE SOFTWARE FROM YOUR SYSTEM. THE SOFTWARE PROVIDED HEREUNDER WILL EXPIRE AND NOT OPERATE AFTER A SPECIFIC AMOUNT OF DAYS OR USES FROM INSTALLATION. THE PURCHASE OF A SOFTWARE KEY IS REQUIRED FOR USE OF THE SOFTWARE AFTER THE TRIAL PERIODS.

Grant of License for trial version (evaluation version) users
The License pertaining to a trial version of the Software Product (a "Trial Version", or "Evaluation Version") shall expire in accordance with the terms as set forth in the installation process for the Trial Version along with the designated trial period as set forth in the trial program.

Grant of License for Registered Users
Totalidea Software, grants you a non-exclusive, non-transferable license to use the program with which this license is distributed (the "[PRODUCT] "), including any documentation files accompanying the Software ("User Guide") on a single server (if the Software is server based) or personal computer to support up to the number of simultaneous users for which you have paid the license fee, and to make one backup copy of the Software, provided that: (i) the Software is installed on only one server or personal computer; (ii) the Software is NOT modified; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by the terms of this License Agreement. The Software and Documentation shall be used only by you, only for your own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity.


Definition of 'Single User License'
A 'Single User License' is a non-transferable license, which permits the purchaser to install the the software product on a single PC for use by a single user. Duplication, sharing, multiple installations and/or electronic transmission of a license file or serial number are in violation of this license agreement and international conventions copyright.
With a valid Single-User license key or license file, the Product may be unlocked on a single computer workstation. If a registered user later wants to install the Product on a different workstation, the user must first remove the Single-User license key from the previous installation, or purchase additional licenses.
This license agreement might be terminated by Totalidea Software without further notification, if Totalidea Software finds that a customer uses his single user license on multiple machines (see 'Termination' section further below).


Online license verification
For the protection of our registered users' investment, the full versions of a Totalidea Software product run an online validation of themselves and the customers' license data by connecting to the Totalidea Software web server. This helps Totalidea Software to fight potential software piracy and possible license infringements, which is in the interest of any legal customer. No personal data is submitted during this online validation.


Ownership
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Totalidea Software. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement.


Copyright
The Software and Documentation contain material that is protected by German and New Zealand Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Totalidea Software. You may not remove any proprietary notice of Totalidea Software from any copy of the Software or Documentation.


Restrictions
You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may not transmit the Software over any network or between any devices, although you may use the Software to make such transmissions of other materials. You may transfer the Software to other computers you own as long as you only use it on one computer at a time.


Confidentiality
You acknowledge that the Software contains proprietary trade secrets of Totalidea Software and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Program for the purpose of deriving the source code of the Program or defeating the Key.


Limited Warranty
ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY TOTALIDEA SOFTWARE REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTALIDEA SOFTWARE DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOTALIDEA SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.


Limitation of Liability
IN NO EVENT WILL TOTALIDEA SOFTWARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF TOTALIDEA SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOTALIDEA SOFTWARE'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION.


Export Restrictions
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM NEW ZEALAND OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF NEW ZEALAND. YOU SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION WITHOUT CONSENT OF TOTALIDEA SOFTWARE AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.


Termination
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to Totalidea Software all copies of the Software and Documentation in your possession or under your control. Totalidea Software may terminate this License Agreement for any reason, including, but not limited to, if Totalidea Software finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to Totalidea Software all copies of the Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.

In case of an unauthorized usage of a single user license on multiple machines, Totalidea Software will inform the customer by email about the violation of the license agreement. If the violation is recorded multiple times, the License Agreement will be terminated without any further notification.


General
This License Agreement shall be construed, interpreted and governed by the laws of New Zealand without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in Northland, New Zealand. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.

'Backup service' plans
Information - Terms and Conditions

It happens to the best of us! Can you identify with this scenario?

You just bought new software and installed it on your machine. Of course it requires the key to be unlocked. No problem as it is on the back of the box, right? Right. Everything works well from here on and you enjoy the new software.

After some time your system crashes and you have to re-install the software you got used to and don’t want to miss. Of course you have a backup copy of all the software – but where is the registration key? It is still on the back of the box and unfortunately that is now in the trash. Unfortunately you forgot to make a backup of the registration code. Maybe the shop will give you a free new copy of the program together with a new unlock code? Probably not. You resign to the fact that you will have to purchase it again.

Our 'Backup service' is the answer to this problem. No matter how often you loose them, you have access to your registration details for the whole term of the Plan. We strongly recommend you order one of our 'Backup service' plans in order to receive a backup copy of your registration details in case of data loss.

Protect your investment against unexpected data loss - we keep a back-up copy of your license files in case you loose them! We cannot re-issue new registration details in case of data loss if no 'Backup service' plan has been ordered. Either create a backup of your valuable registration details, or let us backup your data for $9.99 once (12 months plan). If you create a backup, you'll not need a 'Backup service' plan.

When you buy one of the 'Backup service' plans, you will receive a new registration email with your registration details in case of data loss. Each 'Backup service' plan is valid for a certain amount of months up from the day of your purchase. 'Backup service' plans are available for 12 months and 24 months. The service can only be ordered together with a software products - a separate purchase of the service is not possible.

Attention: the 'Backup service' plan is not an upgrade or an update plan for any of our software products. It does not include a subscription to software updates apart from our update policy.

Terms and Conditions

Definition and use of the 'Backup service' plan
'Backup service' plan - Upon payment of the specified fee, Totalidea Software ('TS') agrees to provide the customer (the "End User") with the 'Backup service' plan for a certain amount of months (12 or 24 months).

The 'Backup service' plan is not downloadable, it is a warranty service only. It enables the "End User" the right to receive a backup copy of his/her registration details (registration email, serial code, or license file) through the Totalidea Software support within 12 months (or 24 months) of the date of purchase of such product, for the sole purpose of re-installing and unlocking a replacement copy of such Totalidea Software Product on the "End User's" computer in the event the End User has lost his registration details in case of data loss.

Such right to receive a backup copy of a registration eMail shall only apply to the Totalidea Software Product version originally purchased by the End User simultaneously with the purchase of the 'Backup service' plan, and the re-issued registration details shall be considered a replacement of the originally registration details, which replacement continues to be subject to the applicable product EULA (End User License Agreement).

To use the Service, the End User must send an email providing

• the customers full name

• email address

• postal address

• name of products the 'Backup service' plan has been ordered for

After receiving the customers email request, Totalidea Software validates the customers information and will re-issue new registration emails and data to the customer if all given details by the customer do match Totalidea Software's records. This procedure usually takes a couple of hours only, but might take up to 48 hours (no service on weekends, public and/or bank holidays).

Disclaimer of Warranties and Limitation of Liability
TOTALIDEA SOFTWARE (TS) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE AND/OR THE PERFORMANCE OF THE PRODUCT; INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TS DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICE AND/OR THE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE AND THE PRODUCT IS ASSUMED BY THE END USER. TS SHALL NOT BE LIABLE TO END USER FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM THE BREACH OF ANY WARRANTIES, THE FAILURE OF DELIVERY, DELAY IN DELIVERY, DELIVERY IN NONCONFORMING CONDITION, THE USE OF THE SERVICE AND/OR THE PRODUCT, OR FOR ANY OTHER BREACH OF CONTRACT OR DUTY BETWEEN TS AND THE END USER. TS shall have no obligation to provide the Service, and shall have no liability to the End User in the event TS is unable to provide the service FOR ANY REASON.

Effectiveness of Agreement

The End User's use of the Service shall not in any respect whatsoever modify any of the terms, conditions, or restrictions contained in the license agreement or other agreement by which the End User initially acquired rights to use the Product (the "End User Agreement"), and the use of the Product downloaded in connection with the Service shall in each and every instance remain subject to the terms, conditions, and restrictions contained in the End User Agreement.

Refunds

A refund of the fee for the service is not possible.

General

Any and all claims or disputes relating to the Service shall be governed by the laws of New Zealand. For the purpose of resolving conflicts relating to the Service, TS and the End User agree that venue shall be in New Zealand only, and, in addition, the End User hereby consents to the jurisdiction of the federal and state courts in New Zealand. TS may assign its rights and delegate its duties with respect to the Service without providing notice to, or receiving the consent of, the End User.