VTrain (Vocabulary Trainer) Free 5.5

EULA - End User License Agreement

License Agreement for VTrain 5.5

1996-2013 Paul Rdle and Rafael Barranco-Droege
Last modified: 2013.09.15
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Contents
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1. Definitions
2. Subject of this agreement

3. License types
4. VTrain Pro activation
5. Contract period and updates

6. Warranty
7. Copyright
8. Distribution and sharing

9. Legal notice
10. Contact details
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1. Definitions
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''Agreement'': this document.

''Software'': VTrain (Vocabulary Trainer) version 5.5. This agreement does not pertain to any other versions of VTrain.

''Authors'': the team made up by Paul Rdle and Rafael Barranco-Droege.

''User'': anyone who installs or uses the software.

''Documentation'': an umbrella term comprising the Help file, any text that may be displayed on the software interface, and all other documents shipping with the installation files of the software.
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2. Subject of this agreement
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This is a legally binding agreement between the user and the authors.

The subject of this agreement is a non-exclusive, personal, non-transferable license of private, non-commercial use of the software. Neither the rights to the software or the accompanying material, nor the software website, nor the files you can download from there are included in the subject of this license agreement. All rights not expressly granted are reserved.

Any type of use of the software in or by schools, administrations, associations, societies, political parties, trade unions, companies, and any other legal entities without the prior written permission of the authors is expressly forbidden. If you wish to use the software commercially or non-commercially in an organization, please contact the authors -- we will be glad to hear from you.
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3. License types
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The software comes in two flavors:

(A) ''VTrain Free'': a cost-free, non-expiring edition. It has some limitations, in particular each projects can contain up to four boxes.

(B) ''VTrain Pro'': the ''professional'' edition offering additional benefits, including the support for a virtually unlimited number of boxes in each project (up to 99 boxes).

Both editions can be downloaded from our website:

www.vtrain.net
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4. VTrain Pro activation
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Using VTrain Pro is conditioned to the user's ''registration'', that is, to their obtaining the right to use VTrain Pro from the authors.

Upon registration, the user will receive their personal ''Registration Key'', which will allow them to ''activate'' the software. The registered user is entitled to receive their Registration Key once and assumes responsibility to store it carefully.

The software may be activated only by someone who has legitimately acquired a Registration Key from the authors or from one of their authorized agents.

The owner of a Registration Key may use it to activate a copy installed on a computer owned by themselves. One Registration Key may only be used on one computer at a time.
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5. Contract period and updates
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VTrain Free: Under this agreement, the user is granted the right to use VTrain Free for an unlimited period of time.

VTrain Pro: Upon registration, the user is entitled to a right to use VTrain Pro during a period of two years, starting from the date of registration. This right includes all updates to VTrain Pro appearing during that period.

From a technical viewpoint, the program never expires: it will keep on working after the updates subscription period.

If you registered a previous version of the software, we will be glad to offer you a free update to this version as well.
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6. Warranty
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Of course, our goal is to write faultless software, but, you know, nobody is perfect. To the maximum extent permitted by applicable law, the following applies.

6.1. The user pledges to carefully try out all features of VTrain Free prior to the purchase of a Registration Key for VTrain Pro.

6.2. The software is provided ''as is'' and with all faults. The user specifically relinquishes any warranty, be it express, implied, or legal, including any warranty of fitness for a particular purpose and of technical support. The use of the word ''professional'' in the software name or description is not to suggest any warranty of fitness.

6.3. Use of the software is at the user's own risk. The authors expressly decline any obligation to pay indirect, incidental, or consequential damages arising out of the use of or the inability to use the software or of the accompanying information, even if he has been advised of the possibility of such a damage. The authors' maximum liability shall be to refund of the purchase price that was actually paid.

6.4. Cancellation rights and refunds:

(a) If your Registration Key was sent to you by e-mail, we shall regard your Registration Key as unsealed (as understood by 312d BGB German Civil Code) from that very moment. In this case, no refund is possible.

(b) If your Registration Key was sent to you by postal mail and you have not unsealed the container, you can still cancel your order within 14 calendar days beginning the day of receipt. To exert this right, send written notice without explanation to the authors along with the container with the seal unbroken, for a refund of the purchase price.
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7. Copyright
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Use of the software unless pursuant to the terms of this agreement is a legal offense and carries severe financial penalties including, but not limited to, fines of up to US$50,000 per violation.

The authors are the sole owners of the software and the sole holders of the copyright to the software, including without limitation such aspects as its source code, structure, sequence, and ''look and feel''.

All rights reserved -- this is applicable to the whole contents of the installation files of the software, to the software website and to the files available for download from the website.
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8. Distribution and sharing
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The installation file of VTrain Free may be distributed by any means provided that:
- Only exact copies of the installation file in its original form are be distributed.
- No costs other than distribution costs are charged to the recipient.
- The software is not bundled or sold along with any other software.
- The software is clearly identified as cost-free.

The authors reserve the right to deny or revoke the distribution permissions at any time to anyone who failed to comply or stops complying with any of these provisions.

It is expressly prohibited:
- To distribute copies of VTrain Pro.
- To distribute the software with files or text files modified, added, or omitted.
- To create derivative works based upon the software.
- To decompile or reverse engineer the software in any way.
- To lend or hire copies of the software.

A registered user may allow other users to use a copy of the software activated with the owner's Registration Key on the owner's computer. However, the owner agrees to themselves not to reveal their Registration Key to any other person and to prevent access to it by all reasonable means. In particular, Registration Keys may only be stored in encrypted form on drives that are connected to a network.

Under this license agreement, the user is entitled to a right of use, but no copy of the software is sold to the user. Therefore, transfer and resale within the meaning of Judgment in case C-128/11 of the Court of Justice of the European Union, dated 3 July 2012, and Judgment I ZR 129/08 of the German Bundesgerichtshof, dated 17 July 2013 are excluded.
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9. Legal notice
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9.1. General

By installing, trying, or using this software, you agree to be bound by all terms of this agreement. If you do not agree to any of these terms, you may not use the software and you must remove it from your computer immediately.

Without prejudice to any other rights, the authors may terminate this agreement if the user fails to abide by any of the terms and conditions of this agreement. In such an event, the user is obliged to destroy all copies of the software in their power.

Licenses of use will be granted at the sole discretion of the authors. Their acknowledgement of an order does not constitute a contract between them and the purchaser. A binding contract of sale comes into effect only upon dispatch of the Registration Key. The authors reserve the right to discontinue granting licenses for the software at any time. The availability of each payment method may be subject to changes.

Information about the specifications of future versions of this software is provided for informational purposes only and is not legally binding.

9.2. Jurisdiction

The agreement shall be governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in Frankfurt am Main (Germany), and you consent to such jurisdiction and venue.

Distance selling of licenses for this software is regulated by the German Civil Code (BGB) and the 97/7/EEC Directive of the Council of the European Union.

Without prejudice to the latter, the software is protected by international treaties, by the Copyright Act, by the Digital Millenium Copyright Act, by 17 United States Code, sections 101 through 810, and by the legislation of other countries, including the national laws enforcing the 91/250/EEC Directive of the Council of the European Union on software copyright.

9.3. Third parties

None of the corporations, organizations or individuals mentioned in the documentation sanctions, sponsors, or approves the software, the accompanying files, or the software website.

Third-party products and web links are mentioned in the documentation as a convenience and for informational purposes only, and they should not be construed as an endorsement or an approval by the authors of any of the products, services, or opinions of the respective corporation or organization or individual. Specifically:

- The user agrees to use any third-party product at their own risk.
- The authors take no responsibility for the content of third-party Internet sites. The responsibility for third-party sites lies exclusively with their editors.

On the other hand, nothing should be inferred from the presence or absence of a product or a website in a listing.

9.4. Trademarks

The use of general descriptive names, trade names, trademarks, etc., in the documentation, even if the former are not identified specifically, is not to be taken as a sign that such names may accordingly be used freely by anyone, nor that such a use is endorsed by the authors.

9.5. Political correctness

The authors have tried to use non-discriminating language wherever possible. In drafting this agreement, the wording ''they'' was used as a gender-neutral singular form replacing ''he or she''.

9.6. Validity

This agreement merges and supersedes all prior understandings or agreements.

This agreement gives you specific legal rights. This does not affect your statutory rights, which vary from state to state, country to country.

Should any provisions of this agreement be legally invalid or unenforceable, all other provisions shall remain in force.
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10. Contact details
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Please understand that we speak English and German only! We cannot always reply to messages written in other languages.

You will find our contact information on our website:

www.vtrain.net