Licence Agreement

This is the MoMuT Software License Agreement for non-commercial and evaluation use

Introduction

The AIT Software is licensed to you subject to the terms of the Licensing Agreement that will be presented to you during the process of activating your AIT Software. The Licensing Agreement presented to you will form a legally binding agreement between you and AIT in relation to your use of the AIT Software.

In order to use the AIT Software, you must first agree to this License Agreement during the process of activating your AIT Software. You may not use the Software if you do not accept the License Agreement.

MoMuT is licensed to you subject to the terms of this Licensing Agreement for non-commercial purposes. Should you wish to commercially use the Software please contact us under momut_support@ait.ac.at. This Licensing Agreement forms a legally binding agreement between you and AIT in relation to your use of MoMuT

Accepting this Licensing Agreement

In order to use MoMuT, you must first agree to this License Agreement. You may not use the Software if you do not accept this License Agreement.

You can accept this License Agreement by answering “YES” to the question whether you accept this license agreement when you first start MoMuT or simply by using the AIT software. In the latter case, you agree that the use of the software constitutes acceptance of the Licensing Agreement form that point onwards.

If you are agreeing to be bound by this License Agreement on behalf of your employer or other entity you represent and warrant that you have full legal authority to bind your employer or such entity to this Licensing Agreement. If you do not have the requisite authority, you may not accept the Licensing Agreement.

License scope

Subject to the terms of this License Agreement AIT grants you a worldwide, non-assignable, non-sublicenseable and non-exclusive license to use MoMuT for non-commercial purposes. Non-Commercial means not primarily intended for or directed towards commercial advantage or monetary compensation meaning the Software can be used for co-funded public funded projects but not for third party research or commercially funded or co-funded projects. The sublicensing or use in or for third party research is prohibited. Commercial users may evaluate the software for 90 days starting from the day of the first installation on any computer in the company. The results of the evaluation may not be exploited commercially without first buying a commercial licence.

You agree that AIT owns all legal right, title and interest to MoMuT, including all Intellectual Property Rights that subsist in MoMuT. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. AIT reserves all rights not expressly granted to you.

Nothing in this License Agreement gives you a right to use any of AITs trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) or try to bypass any license enforcement code that may be affixed to or contained within MoMuT. Further you agree not to attempt to reverse engineer, decompile or use any other means to recover the source code of MoMuT.

Use of MoMuT by you

You agree that you are solely responsible for (and that AIT has no responsibility to you or to any third party for) any data, content, or resources that you create, transmit or display through the MoMuT and for the consequences of your actions (including any loss or damage which AIT may suffer) by doing so.

You agree that you are solely responsible for (and that AIT has no responsibility to you or to any third party for) any breach of your obligations under this License Agreement, any applicable third party contract, or any applicable law or regulation, and for the consequences (including any loss or damage which AIT or any third party may suffer) of any such breach.

Third Party Application

If you use MoMuT to run with applications developed by a third party or access data, content or resources provided by a third party, you agree that AIT is not responsible for those applications, data, content, or resources. You understand that all data, content or resources which you may access through such third party applications are the sole responsibility of the person from which they originated and that AIT is not liable for any loss or damage that you may experience as a result of the use or access of any of those third party applications, data, content, or resources.

AIT makes no representation that MoMuT is cleared for marketing in Austria or internationally.

Guaranties and Warranties

MoMuT IS PROVIDED BY AIT “AS IS” AND “AS AVAILABLE” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL AIT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless AIT, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) your installation or use of MoMuT, (b) any non-compliance by you with this License Agreement.

Termination

This License Agreement and the license provided therein will terminate, if you have breached any provision of this License Agreement e.g. the reverse engineering of MoMuT.

When this License Agreement comes to an end, all of the legal rights, obligations and liabilities that you and AIT have benefited from, been subject to (or which have accrued over time whilst this License Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Article 6 and 8 shall continue to apply to such rights, obligations and liabilities indefinitely.

Miscellaneous

We would appreciate a feedback to MoMuT as to continue our research and development thereof. Please send any comment to momut_support@ait.ac.at

This document comprises any and all agreements entered into by you and AIT. There are no written or oral ancillary agreements. Modifications of or amendments to this agreement shall only be valid, including modifications of or amendments to this provision, if implemented by written agreement duly signed by you and AIT.

All disputes or claims arising out of or in connection with this contract including disputes relating to its validity, breach, termination or nullity shall be finally settled under the Rules of Arbitration of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one or three arbitrators appointed in accordance with the said Rules. The provisions on expedited proceedings are applicable. The number of arbitrators shall be one. The substantive law of Austria shall be applicable under exclusion of the United Nations Convention on Contracts for the International Sale of goods, 1980. The language to be used in the arbitral proceedings shall be English.

You irrevocably waive any objection which you might at any time have towards the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna, being nominated as the forum to hear and determine any proceedings and to settle any disputes and agree not to claim that the courts of Vienna are not convenient or appropriate forum.

Should any provisions of this License Agreement be or become wholly or partly invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions. In this event, the invalid or unenforceable provision shall be substituted by such valid/enforceable provision, which comes as close as possible to the legal and economic purposes pursued by AIT with such invalid/unenforceable provision.

This License Agreement shall be governed in its entirety by the laws of the Republic of Austria excluding any legal norms referring to other legal systems. This includes disputes on its conclusion, binding effect, amendment and legal consequences of this agreement.