Terms for licensing the KNIME Report Designer
1.1 These terms regulate the conclusion, content and performance of contracts with respect to the use of the software KNIME Report Designer, which is available for download from the website http://www.knime.com ("Website") ("KNIME Report Designer").
1.2 These terms shall be deemed accepted as soon as the user ("Licensee") downloads the KNIME Report Designer.
The KNIME Report Designer is a copyrighted work owned by KNIME AG, Zurich, Switzerland ("KNIME.com"), or a third party.
3.1 The Licensee is granted a non-exclusive and worldwide right to use the KNIME Report Designer.
3.2 The Licensee may make copies of the KNIME Report Designer for installation and backup purposes only.
4.1 Licensee shall not and agrees not to transfer, rent, sublicense, copy, alter, modify, create derivative works of, reverse engineer, disassemble (except as permitted by law) or distribute the KNIME Report Designer or any part thereof (including the master page of the report templates). For the avoidance of doubt, reports generated by the KNIME Report Designer are not considered the derivative work of any of the components owned by KNIME.
4.2 KNIME reserves any rights not expressly granted to the Licensee and retains all rights, title to and interest in the KNIME Report Designer.
5. Warranty and Liability
5.1 The KNIME Report Designer is provided "as is" without warranty of any kind, express or implied. To the extent permitted by law, all warranty is excluded, including, but not limited to, warranties for uninterrupted and error-free operation, for operation in combination with other hardware, software, systems or data, for merchantability, for fitness for a particular purpose and for non-infringement of third party rights.
5.2 To the extent permitted by law, all liability of KNIME is hereby waived, including, but not limited to, liability for financial damage, property damage and personal injury in connection with the use of the KNIME Report Designer, loss of data, damage of data, damage to computer systems, functional disruption of computer systems, damage or loss of profits due to the wrongful operation or non-operation of the KNIME Report Designer.
6. Duration of contract
6.1 This license contract is concluded for an indefinite period.
6.2 However, KNIME may terminate this contract at any time without financial consequences in case the Licensee is in breach of the contract. In the events of such termination, the Licensee shall cease to use the KNIME Report Designer and destroy all copies in his/her possession immediately.
7. Data Protection
KNIME complies with the applicable Swiss data protection laws. The Licensee consents to KNIME using the Licensee's personal data for its own marketing purposes.
8.1 All reports, requests and other communication shall be deemed effective upon dispatch to the last address communicated to the other party of this contract.
8.2 If any provision of this contract shall be judged to be invalid, that provision shall be replaced by an economically equivalent provision and the remaining provisions of this contract will remain in full force and effect.
9. Applicable Law and Place of Jurisdiction
9.1 This contract shall be governed by Swiss law, excluding its conflicts of laws principles and the Vienna Convention on the Sale of Goods and Services.
9.2 Exclusive place of jurisdiction shall be the city of Zurich/Switzerland. KNIME is, however, entitled to take legal action before any competent court at the domicile of the Licensee.