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Terms of Service

This terms of service regulate the participation in the tag2find community and are the rules for "technical preview" membership as well as the License Agreement for the software.

License Agreement

1. This license governs the use of the accompanying software ("Software", "tag2find"),  and your use of tag2find constitutes acceptance of this License Agreement. This license governs the use of tag2find by you (referred to as “you”, "licensee"). You must agree to all points in order to install and/or use tag2find. This License Agreement is a legally binding contract between you (as licensee) and the tag2find team (referred to as “we”, “us”, “licensor”).

 

2. This License Agreement applies to versions released under the "technical preview" program of tag2find. Following versions of tag2find may be released under different licensing conditions.

 

3. By installing and/or running tag2find, you agree to accept and be bound by this License Agreement and the "Disclaimer of Warranty  / Advanced License Regulations", stated later.

 

4. tag2find is currently released as “technical preview”. You agree that the Software comes "as is", with no warranties. None whatsoever. This means no express, implied or statutory warranty, including without limitation, warranties of merchantability or fitness for a particular purpose or any warranty of title or non-infringement. For further information, see the “Disclaimer of Warranty” below, which is integral part of this License Agreement.

 

5. By signing up for our “technical preview” program, you agree that we may send you e-mails about the “technical preview” program, especially your access credentials required for download. You also agree that signing up does not automatically entitle you to participate in the “technical preview” program. Memberships are handed out on a basis supporting tag2find development. Your membership of the “technical preview” program may be terminated by the tag2find team on justified reasons, including but not limited to unsocial behavior in the tag2find community platform (“flaming”), reverse engineering, “cracking”, or violations of regulations of this License Agreement.

 

6. Access to tag2find is currently available only for registered and approved beta testers. You, as a “beta tester”, receive a personal, non-transferable, time-limited license to use tag2find on as many computers as you like for your personal, non-commercial, use only. You agree not to hand any copy over to any third party. You must not make tag2find available through any means to people not participating in the "technical preview" program. You also agree not to disclose your login credentials for the download area to anyone else.

 

7. You must not redistribute, change, modify, decompile or reverse engineer any part of tag2find.

8. tag2find includes an automated check for new versions. Therefore tag2find may access the Internet and contact servers of the tag2find team. No personal information is transmitted unless explicitly allowed by you. Use of any data gathered is governed by our Privacy Policy, which can be found at http://www.tag2find.com/privacy/.

 

9. By providing feedback to the tag2find team, you agree that the changes you suggest can be integrated in tag2find free of any charge or license fee, and that you do not reserve any rights for the usage of your ideas. The tag2find team agrees to treat data submitted voluntarily by you through the feedback mechanisms provided by tag2find as confidential in accordance with our published Privacy Policy.

 

10. This license automatically ends after the end of the initial "technical preview" phase has been announced on our homepage at www.tag2find.com (or any successor homepage).  To allow a smooth transition to any following versions (if any), we grant you a grace period of two weeks (14 days) after the initial announcement to upgrade to the released version (if any) or uninstall tag2find. After this grace period, your rights under this automatically end. If you do not want to install the released version of tag2find, you need to uninstall the “technical preview” version after expiration of this grace period.

 

11. We reserve the right to end or stop the “technical preview” program at any time, with or without a successor version, without giving reason.

 

12. All rights in tag2find are reserved. No further rights than explicitly stated in this License Agreement are transferred. tag2find is protected by Austrian, European and International Copyright Law. We will take all legal actions necessary to protect our intellectual property.

 

13. If any point of this License Agreement becomes invalid (by either Law or a Court Order), you agree that all other points remain valid and the License Agreement as such remains. You also agree, that in such situation the invalid clause is replaced by an applicable version in a manner that is closest to the intention of the original clause.

 

14. Any violation of any clause of this License Agreement by you automatically terminates your license. Your license also automatically ends in case you file a lawsuit against the tag2find team or any of its members or affiliates. Your license also automatically ends if you threaten with a lawsuit, regardless of the fact if the lawsuit is actually filed.

 

15. This License Agreement and the Terms of Service for the “technical preview” membership may be updated occasionally by publishing the new version on the “Terms of Service” page of our website at www.tag2find.com (or any successor homepage).

Disclaimer of Warranty / Advanced License Regulations

For downloading our tag2find software we ask you to accept the following conditions and prerequisites:

 

16. We offer our tag2find software as a test program free of charge and thus the possibility to test an early development version ("beta-phase", "beta-status", "technical preview") of our tag2find software. Additionally, our software is a preview of a program to be issued shortly.

 

17. Beta software and beta test programs are programs whose programming and tests have not been finished and concluded yet. In spite of careful preparation and programming we may assume that such beta test programs have defects and mistakes. Therefore, beta programs are not intended and/or suited, respectively, for productive use since they are still under development! Effects on other programs nor the loss of stored data cannot be excluded. Since beta programs are unfinished products, there may be further modifications to the program. We may neither assume that data in later program versions can be continued to be used nor that the calculations and/or memory storage of the program are complete, correct and free from errors.

 

18. The tag2find software may not work perfectly and may destroy data and/or show negative effects on other programs and/or the operating system. Particularly, it cannot be excluded that by its installation a gap for external accesses is opened resulting in data gaps which facilitate an access of external users. If you do not want to assume this risk you must not download or use our tag2find software. Otherwise the use is exclusively at your own risk.

 

19. By downloading our tag2find software you will have a simple, time-limited right of use ("license") free of charge for private, non-commercial use on your PC. The license for using the test version terminates at the end of the test phase and the issue of a final version. Other rights are not granted. It is prohibited particularly to hand over the software to third parties, to introduce it in networks, to copy it, to decompile it or to change it in any form. We reserve any rights whatsoever in our tag2find software, particularly, its commercial utilization as well as its use and publication in the private and non-private fields. We thus state that we shall take action and strictly follow any violations against these reservations in court.

 

20. Due to the circumstances shown we are not in a position to assume any liability whatsoever in connection with our tag2find software, particularly for consequences and disadvantages resulting from the download or the use of our tag2find software. In particular, any warranty, any guarantee and any damages are excluded. In no case shall we assume a liability for damage of property, for lost revenue, expected but not materialized savings, loss of interest, damage from claims of third parties, immaterial damage, direct damage or consequential damage as well as damage in recorded and/or loss of stored data, respectively. Nor shall we guarantee the fact that the software can actually be used. We do not assume any protection in favour of third parties. The liability for third products used (databases, etc.) as well as for data loss due to system errors and/or hardware failure is also excluded. You are obliged, under your own responsibility, to take care of an adequate short-term regular data back-up without being reminded to do so.

 

21. In case of disputes resulting from or in connection with the subject conditions as well as resulting from a connection with the download, the use and/or non-use of our tag2find software the exclusive application of the material law of the Republic of Austria (under exclusion of the conflict rules of the international private law as well as the exclusion of the UN-sales convention) is agreed. The materially competent court for Linz/Upper Austria/Austria is agreed as place of jurisdiction for any dispute.

Last updated: 2006-12-21