Please read the atvise® live Terms and Conditions (“Terms and Conditions”) carefully before you use atvise® live or upload, download, install or use atvise® live Components (as defined below).
1 Preamble
These Terms and Conditions apply to all users (“User”) of atvise® live. User refers to the individual or entity (acting through an authorized individual) which is using atvise® live as being displayed in the atvise® builder or as uploaded, downloaded, installed or used by User (atvise® live Components). The term "Component" refers to all atvise® live components (e.g. scripts, graphics, libraries, documentations) that are distributed over atvise® live. The term “Copyright Holder” refers to the individual or entity that owns all or part of the intellectual property in and pertaining to the Component. The User acknowledges that he has read and understood these Terms and Conditions and agrees to be fully bound by them.
2 Ownership, Copyright and Grant of License
All Components are licensed by the Copyright Holder under the 3-clause BSD license (license text template see below). If any derivative work is created from any Component (“New Component”) and published, this means that the author is obliged to integrate the BSD license text in the source code of the New Component or in a license file which is delivered with the Component. This agreement does not authorize User to use any Bachmann electronic or atvise® name, trademark or logo without Bachmann electronic's prior written consent.
3-clause BSD license - license text template
Copyright (c) <YEAR>, <OWNER>
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" 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 THE COPYRIGHT HOLDER OR CONTRIBUTORS 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.
3 Exclusion of Warranty and Liability
atvise® live and the Components are provided by Bachmann electronic, the Copyright Holders and contributors “as is” 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 Bachmann electronic, the Copyright Holder or contributors 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 atvise® live or this Components, even if advised of the possibility of such damage.
4 Indemnification
In no event shall Bachmann electronic be liable for any infringement of third party’s intellectual property rights. The User who has uploaded a New Component to atvise® live agrees to fully indemnify Bachmann electronic and all other Users who make use of the New Component from all possible claims arising from the alleged or actual infringement of any intellectual property right.
5 Export Control
User acknowledges that the Component may be subject to export control restrictions in various countries. User shall fully comply with all applicable export restrictions and requirements as well as with all laws and regulations relating to the importation of the Component or applications developed from the Component and shall procure all necessary government authorizations, including without limitation, all necessary licenses, approvals, permissions or consents, where necessary for the re-exportation of the Component or applications developed from the Component.
6 General Provisions
User agrees that these Terms and Conditions supersede all prior or contemporaneous terms and conditions for the use of atvise® live. If any term of these Terms and Conditions is held to be invalid, unenforceable or legally ineffective, the remaining provisions will remain effective. These Terms and Conditions shall be governed exclusively by the laws of Austria (excluding its rules and regulations on conflict of laws and the UN Convention on the International Sale of Goods). User agrees that the Commercial Court of Vienna shall be sole venue and have exclusive jurisdiction over any dispute relating to these Terms and Conditions. Any change or addition to these Terms and Conditions are considered invalid unless made in written form and approved by Bachmann electronic.