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This Software License Agreement for Academic and Nonprofit Use (the "Agreement", as defined below) is a legal contract between you ("YOU", as defined below) either in your individual capacity, or on behalf of an entity, and bankmark UG (haftungsbeschraenkt). This Agreement states the terms and conditions upon which bankmark UG (haftungsbeschraenkt) offers to license the "Parallel Data Generation Framework" ("PDGF") software together with all related documentation and accompanying items including, but not limited to, the source code, executable programs, drivers, libraries and data files associated with such programs (the "Software", as defined below).
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY, OR OTHERWISE ACCESSING OR USING BANKMARK UG (HAFTUNGSBESCHRAENKT)'S PROPRIETARY SOFTWARE ACCOMPANIED BY THIS AGREEMENT (THE "SOFTWARE").
THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU. BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT; THAT YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY, ORGANIZATION OR AGENCY, INSTRUMENTALITY OR DEPARTMENT OF A GOVERNMENT (AN "ENTITY") AS ITS AUTHORIZED LEGAL REPRESENTATIVE, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND REFERENCES TO "YOU" HEREIN REFER TO BOTH YOU, THE INDIVIDUAL END USER, AND THE ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS AGREEMENT.
IF AT ANY TIME YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD ANSWER "NO" TO THE QUESTION OF WHETHER YOU AGREE TO THE TERMS OF THIS AGREEMENT, TERMINATE THE DOWNLOAD AND/OR INSTALLATION PROCESS, IMMEDIATELY CEASE AND REFRAIN FROM ACCESSING OR USING THE SOFTWARE AND DELETE ANY COPIES YOU MAY HAVE.
"bankmark UG (haftungsbeschraenkt)" refers to bankmark UG (haftungsbeschraenkt), Bahnhofstrasse 10, 94032 Passau, Germany, a private limited liability company incorporated under the laws of the Federal Republic of Germany, registered in the trade register of the local court of Passau under No. HRB 8844. bankmark UG (haftungsbeschraenkt) is the developer of this software product.
"Software" refers to this software product called "Parallel Data Generation Framework" ("PDGF") developed by bankmark UG (haftungsbeschraenkt), licensed and distributed under this Software License Agreement for Academic and Nonprofit Use by bankmark UG (haftungsbeschraenkt) and compiled into an installation package and delivered by bankmark UG (haftungsbeschraenkt) electronically. This software product contains "PDGF" byte code distribution, sample configurations and dictionaries, documentation, additional tools and scripts. This software product allows its users to (1) configure the data generator "PDGF" and (2) to generate data.
"Agreement" refers to this Software License Agreement for Academic and Nonprofit Use and the terms and conditions set forth by this Software License Agreement for Academic and Nonprofit Use.
"YOU" refers to the individual who registers with bankmark UG (haftungsbeschraenkt) for academic and nonprofit use of this software product or, if this software product is being licensed on behalf of an entity by an individual authorized to register with bankmark UG (haftungsbeschraenkt) for the academic and nonprofit use of this software product on behalf of such entity, then "YOU" refers to such entity.
"Personal Data" refers to personal data in the meaning of Section 3 Para. 1 of the German Data Protection Act, i.e., any information concerning the personal or material circumstances of a defined or definable natural person.
Without limitation, bankmark UG (haftungsbeschraenkt) does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted, error-free or free from malicious code. For purposes of this paragraph, "malicious code" means any program code designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network, including viruses, Trojan horses, droppers, worms, logic bombs, and the like.
Any publication or presentation to which the use of the Software under this Agreement materially contributed shall either describe the contribution made by the Software or note that the work was (partly) supported by a grant from bankmark UG (haftungsbeschraenkt).
The Article and Section headings contained in this Agreement are incorporated for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the German and any non-German versions, the German version of this Agreement shall govern.