Method Park Software AG - licensing agreement (EULA)

This agreement represents the entire agreement between the licensee and Method Park Software AG ("METHOD PARK") whose principal place of business is Am Wetterkreuz 19a, 91058 Erlangen and it supersedes any prior proposal, representation or understanding between the parties. By installing the software, the licensee is accepting and agreeing to the terms of this agreement.


This agreement grants the licensee a non-exclusive non-transferable right to use the software and the accompanying user documentation for the licensees own internal business purposes only as authorized in this agreement. The software may be used only on a computer owned, leased or controlled by the licensee. The licensee will not assign, sublicense, rent, lease, loan, distribute or share his rights to the software. The licensee may not modify, adapt, alter, translate, decompile, disassemble, reverse engineer or create derivative works based on the software.


The licensee must pay all fees by their due date notified to licensee and in the manner directed at the time of purchase of the software. Failure to pay fees by the due date will result in the immediate termination of the licenses granted under this EULA.


The licensee is permitted to copy the software for data protection, archiving and backup purposes only and for no other purpose. However, only the strictly necessary number of backup copies may be made.

Protection Mechanisms

The software includes license protection mechanisms that are designed to manage and protect the intellectual property rights of METHOD PARK and its third party suppliers. The licensee must not modify or alter those features to try to defeat the software or use rules that the license protection mechanisms are designed to enforce. Any such attempt by the licensee will result in the immediate termination of any license granted under this EULA.


The software is licensed, not sold, to the licensee for use only under the terms of this agreement. The licensee acknowledges and agrees that the software consists of proprietary, unpublished software of METHOD PARK and/or its third party licensors, protected under copyright law and trade secret laws. All right, title and interest in and to the software are and shall remain with METHOD PARK and/or its third party licensors, except for the non-exclusive license granted to the licensee as expressly provided herein.


Subject to the terms, conditions and restrictions contained in this agreement, METHOD PARK grants the licensee a non-exclusive and non-transferable license to install the software onto as many servers as the licensee have paid the applicable license fee for. At no time may the total number of installed copies on servers exceed the number of server licenses for which the licensee have paid a license fee.


The term of this license shall be until terminated. METHOD PARK may terminate this agreement, including licensee’s license in the case where licensee:

  1. became insolvent or otherwise entered into any liquidation process; or
  2. exported the software to any jurisdiction where METHOD PARK may not enforce his rights under this agreements in; or
  3. licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or
  4. licensee in breach of any of the terms of clause 2 to this license; or
  5. licensee otherwise entered into any arrangement which caused METHOD PARK to be unable to enforce his rights under this license.


METHOD PARK hereby warrants that the software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.

Warranty Limitations

The licensee agrees that the foregoing warranty constitutes his sole and exclusive remedy for breach by METHOD PARK under any warranties made under this agreement. The warranty covers normal use and wear and does not cover damage which occurs in shipment, or failure which results from alteration, accident, misuse or abuse. Any alteration of the software or improper connection to another software shall void the warranty in its entirety. METHOD PARK is not responsible for problems in the interaction of the software with other software not furnished by METHOD PARK. Except as stated above, neither METHOD PARK nor its suppliers grant any warranties express or implied, including without limitation the implied warranties of merchantability of fitness for a particular purpose or that the use of the software will be uninterrupted or error free.

Limitation of Liability

METHOD PARK's and its suppliers' liability to the licensee arising from out of or in relation to this agreement, in any action regardless of form, shall not exceed the license fee paid to METHOD PARK or its distributors for the licensees use of the software. in no event shall METHOD PARK or its suppliers be liable for any indirect, special, incidental or consequential damages, including lost profits, business interruption and like damages, even if it has been advised of the possibility of such damages or for claims by third parties. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to the licensee.


Any updates or corrected software provided under the above warranty or any subsequent maintenance services shall be covered by the terms of this agreement.


Terms and conditions contained in any purchase order issued by the licensee shall in no way modify the terms of this agreement. If any provisions of this agreement, or portions thereof, are declared void or unenforceable by any court of competent jurisdiction, they are to that extent deemed omitted and the remaining portions shall remain in full force and effect. No waiver of any provision of this agreement shall be effective unless made in writing. No waiver of any breach of any provision of this agreement shall constitute a waiver of any subsequent breach of the same or any other provision of this agreement.