This End User License Agreement (hereinafter referred to as the "EULA") is a legally binding agreement between you, the licensee (individual customer or legal entity), and ECH Elektrochemie Halle GmbH, Otto-Eißfeldt-Straße 8, 06120 Halle (Saale), Germany, the company and author of the ECH software, which may include related media, printed materials, and online or electronic documentation. This agreement is a legally binding contract that contains provisions limiting your statutory rights and the licensor's liability to you, and governs all access to and use of the software. You hereby agree to all terms and conditions contained herein fully and without modification.

By installing, copying, or otherwise using the licensed product (software), the licensee agrees to the terms and conditions set forth in this EULA. If the licensee does not agree to the terms and conditions set forth in this EULA, they may not download, install, or use the software.

"EULA" refers to this End User License Agreement, including all amendments to this agreement. 

"Licensee" refers to the individual or entity that downloads and uses the software. 

"Licensor" is the company and author ECH Elektrochemie Halle GmbH, Otto-Eißfeldt-Straße 8, 06120 Halle, Germany. 

"Software/Licensed Product" refers to the ECH software for controlling ECH instruments, the licensed product provided under this EULA.

ursuant to the terms of this EULA, ECH Elektrochemie Halle GmbH hereby grants the licensee a royalty-free, revocable, limited, non-exclusive license to possess and use one copy of the software for the duration of this EULA. The software is distributed by ECH Elektrochemie Halle GmbH. The licensee is not permitted to charge any fees for the distribution of the software, either for profit or to cover media and distribution costs.

You hereby unconditionally agree that all rights, title, and interest in the copyrights and other intellectual property rights to the licensed product belong to the licensor. The trademarks, logos, designs, and service marks appearing on the licensed product are registered and unregistered trademarks of the licensor.

The product grants you the right to use any form of intellectual property contained in the licensed product.

Therefore, all rights, title, interest, and copyright to the software, including but not limited to all images, graphics, animations, audio and video files, music, text, data, code, algorithms, and information, belong to the licensor. Accordingly, the software is protected by all applicable copyright laws and international treaties, and the licensee is expected to use the software with due regard for all intellectual property contained therein, unless otherwise specified in this EULA.

Installation and Use: The licensee may install and use the software on a shared computer or simultaneously on different computers and create multiple backup copies of the software, solely for use within the scope of their business.

Duplication and Distribution: The licensee may not duplicate or distribute any copies of the software without the express written permission of the licensor.

Licensee Restrictions: The licensee may not:

• To use the software for purposes other than operating the supplied ECH devices;
• To use the software for personal and non-commercial purposes;
• To use the software for illegal or unlawful purposes;
• To collect factual content or other parts of the software using automated means, including but not limited to database scraping or screen scraping;
• Reverse engineering, decompiling or disassembling the software is prohibited, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding the restriction.

• General Responsibilities. You bear full responsibility for the use of the software. You may not use, promote, support, instruct (or induce others to do so) the software for any activities that violate applicable law, or transmit, store, display, distribute, or otherwise make available any data that is illegal or that creates or would create criminal or civil liability under any law.
   
• Legality of the data. You agree to own all rights and title (including all related intellectual property rights) to the data you transmit, store, display, distribute, or otherwise make available through the software. You are solely responsible for its accuracy, quality, integrity, legality, reliability, and suitability. Notwithstanding the foregoing, you warrant and represent that this data complies with applicable laws. We assume no responsibility whatsoever for this data.
   
• Updates. If the software requires an update, you expressly agree to install these updates as soon as they are available and to bear all associated costs. You bear the full risk of any loss or damage if updates are not installed properly and on time due to your fault. We expressly disclaim all liability in this regard.
   
• Compliance with Export Regulations. You expressly confirm that you are not subject to any law imposing economic sanctions, export controls, import regulations, or trade embargoes, and that you are not owned or controlled by, or acting on behalf of, any person or organization that is subject to or affected in any way by the aforementioned regulations. Furthermore, you expressly confirm that you will not directly or indirectly download, export, or re-export the content, products, or services of the software or related technical data to any person or organization that is subject to the aforementioned regulations, or for any end use prohibited or restricted by these regulations.

• Updates. We reserve the right, at our sole discretion, to add or remove tools, utilities, enhancements, third-party software, features, or functions, or to provide program fixes, updates, and upgrades to the software to improve and enhance its functionality and performance. In light of the foregoing, you expressly acknowledge and agree that: 
  
  (i) we are under no obligation to provide and/or make available updates; 
  
  (ii) if we do provide updates, this EULA will automatically apply unless we provide other terms and conditions along with those updates; 
  
  (iii) we disclaim all liability in the event that updates cause third-party software (and/or other pre-existing features or functions) to become unavailable, defective, or incompatible with the updated software.
   
• Availability. We make every commercially reasonable effort to ensure the availability of the Software to our customers. Notwithstanding the foregoing, you acknowledge and agree that we have no control over, and assume no liability for, the continuous or uninterrupted availability of the Software. Therefore, access to or inability to use the Software may occur from time to time, particularly due to: 
  
  (i) equipment malfunctions, routine maintenance, or repairs; 
  
  (ii) force majeure; 
  
  (iii) limitations due to your device or hardware; 
  
  (iv) unavailability, defects, or incompatibility of third-party software with the Software for any reason (e.g., due to third-party or our hiring policies, incompatibilities between updates and third-party software, etc.); 
  
  (v) your breach of any relevant provision of this EULA.
   
• Termination Policy. You expressly acknowledge and accept that the software is subject to our Termination Policy. Therefore, we reserve the right to terminate features, content, or services of the software (including, but not limited to, access to technical support, access to third-party software, etc.) in accordance with this Termination Policy without incurring any liability to you or any other third party. This also applies to third-party software that is subject to that third party's Termination Policy. We are not liable to you or any other third party if updates result in existing third-party software becoming unavailable, faulty, or incompatible with the updated software.

Intellectual property rights
We own and retain all title to and interest in the Software, as well as all related intellectual property rights. Therefore, this EULA does not constitute a transfer, in whole or in part, of any intellectual property rights in the Software to you or any third party. Accordingly, you may not:

(i) remove or alter any Software identification codes, markings, or notices provided by us or our licensors;

(ii) copy, modify, adapt, create derivative works from, disassemble, decompile, reverse engineer, reproduce, distribute, or republish any part of the Software;

(iii) conduct or disclose benchmark or performance tests of the Software or the associated infrastructure (such as, but not limited to, network discovery, port and service identification, vulnerability scans, password cracking, remote access testing, penetration testing, etc.). and

(iv) to license, sell, rent, lease, transfer, assign, distribute, host, outsource, timeshare or service office use of the Software or otherwise commercially exploit or make available to third parties.

• Limited Warranty. The software is provided "as is," "as available," and "with all defects" without any warranty whatsoever. To the extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that may arise from course of business, performance, use, or trade practice.
   
• Disclaimer. In no event shall we be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages (including, but not limited to, the procurement of substitute goods or services, computer failure or malfunction, loss of data or profits, business interruption, etc.), regardless of the cause or theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise), arising in any way from the use of the software, even if we are aware of the possibility of such damages or have been advised of them.
   
• Legal remedies. Except for claims based on fraud, death, or personal injury, for which no limitation of liability applies, our liability is in no case limited to a total amount of €0, to the extent permitted by applicable law. Under no circumstances shall the total liability of ECH Elektrochemie Halle GmbH to the licensee or any other person or entity asserting claims through the licensee exceed the actual amount of money paid by the licensee to ECH Elektrochemie Halle GmbH for the software.
   

• Mandatory legal provisions. In some jurisdictions, certain warranty or liability limitations are not permitted. Therefore, some or all of the above limitations may not apply to you. In that case, the limitations contained herein apply to the fullest extent permitted by applicable law.

  Indemnification.

  You hereby agree to indemnify and hold harmless ECH Elektrochemie Halle GmbH from and against all liabilities, damages, losses, or expenses, including but not limited to reasonable attorneys' fees or other professional fees, arising out of any claims, demands, actions, or proceedings brought by any third party against ECH Elektrochemie Halle GmbH and resulting from your actions, including but not limited to breaches of this EULA or any other agreement or applicable law.

  Entire Agreement

  This agreement constitutes the entire agreement between ECH Elektrochemie Halle GmbH and the licensee, as well as all other parties involved. It supersedes all prior agreements between the parties, whether written or oral, express or implied, statement, condition, representation, or warranty.

  Governing Law

  and Jurisdiction. This EULA is subject to the jurisdiction of the courts in Germany, without regard to its conflict of law principles. All legal disputes relating to this EULA will be brought exclusively in the courts of Germany, and all parties acknowledge the jurisdiction of the courts of Germany. Furthermore, the prevailing party in any enforcement proceedings under this EULA is entitled to reimbursement of costs and expenses, including but not limited to attorneys' fees. Accordingly, this EULA is subject to the exclusive jurisdiction of Germany, and this jurisdiction takes precedence over any other jurisdiction chosen by the parties.

Termination: 

In the event of termination, all licenses granted under this EULA will immediately expire, and you agree to cease accessing or attempting to access this licensed product.

Accordingly, this EULA may be:

• The license will be automatically terminated if the licensee violates any of the terms and conditions of this EULA;
   
• Terminated by ECH Elektrochemie Halle GmbH; or
   
• Terminated by the licensee.

Both ECH Elektrochemie Halle GmbH and the licensee may terminate this EULA without notice by written notification to the other party, including but not limited to email.

Non-transferability.

The licensee has the option to permanently transfer all rights under this EULA, provided the recipient agrees to the terms of this EULA. Accordingly, this EULA is not assignable or transferable without the prior written consent of ECH Elektrochemie Halle GmbH; any such attempt is invalid.

Note:

All notices, reports, approvals, or consents required under this EULA must be in writing and will be deemed duly given if delivered by registered mail to the respective addresses of the parties.

Integration.

Both parties hereby agree that this EULA constitutes the complete and exclusive declaration and legal recognition of the mutual understanding of the parties and supersedes any prior written and oral agreement and/or communication relating to the subject matter of this EULA.

A delay or failure by either party to exercise any privileges, powers, or rights under this EULA shall not be deemed a waiver of its terms and conditions. Accordingly, the exercise, in whole or in part, of any right under this agreement shall not preclude the exercise of any other right under this EULA. If any provision of this EULA is held to be unenforceable or invalid in whole or in part by a court of competent jurisdiction, such provision shall be limited to the minimum necessary to ensure that this EULA remains fully effective and enforceable. The remaining provisions of this agreement shall not be rendered unenforceable or invalid. They shall remain enforceable and valid regardless of any unenforceable or invalid provisions of this EULA.