End-User License Agreement (EULA) of TTModeler Pro

This End-User License Agreement ("EULA") is a legal agreement between you and emgarde UG (haftungsbeschränkt).

This EULA agreement governs your acquisition and use of our TTModeler Pro software ("Software") directly from emgarde UG (haftungsbeschränkt) or indirectly through a emgarde UG (haftungsbeschränkt) authorized reseller or distributor (a "Reseller"). "Licensee" means YOU, the user of the Software under this EULA or the individual or entity purchasing one or more licenses to use the Software; "Licensor" means emgarde UG (haftungsbeschränkt).

Please read this EULA agreement carefully before using the TTModeler Pro software. It provides a license to use the TTModeler Pro software and contains warranty information and liability disclaimers.

If you register for a free trial of the TTModeler Pro software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the TTModeler Pro software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by emgarde UG (haftungsbeschränkt) herewith regardless of whether other software is referred to or described herein. The terms also apply to any emgarde UG (haftungsbeschränkt) updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

emgarde UG (haftungsbeschränkt) hereby grants you a non-transferable, non-exclusive licence to use the TTModeler Pro software on your devices in accordance with the terms of this EULA agreement.

A time-limited license permits use of the TTModeler Pro software during the specified time period. After the time period expires you must either (a) destroy all copies of the Software, or (b) purchase a license to use the Software.

A floating concurrent-user license permits an unlimited number of users to install the TTModeler Pro software on their computer or laptop, but limits the number of users of the Software at any time. The Software may be used concurrently by as many users as you have floating concurrent-user licenses for. Use of the TTModeler Pro software requires an active Internet connection to our license server to control concurrent usage. You are responsible for ensuring your device meets the minimum requirements of the Software.

We collect a random, unique identifier of your computer to determine the number of installations of the Software, and also collect information about your operating system and your IP address. This information is held in the strictest confidence and is used to detect, prevent and prosecute violation of the license terms and conditions.

You are not permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
  • Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose, unless this has been contractually agreed
  • Allow any third party to use the Software on behalf of or for the benefit of any third party, unless this has been contractually agreed
  • Attempt to bypass any license control restrictions imposed by the Software
  • Use the Software in any way which breaches any applicable local, national or international law
  • Use the Software for any purpose that emgarde UG (haftungsbeschränkt) considers is a breach of this EULA agreement

Support

emgarde UG (haftungsbeschränkt) will attempt to provide you a reasonable amount of email support for the purpose of resolving issues with the Software.

emgarde UG (haftungsbeschränkt) is under no obligation to provide support of any kind, in any manner, using any media, for any period of time, unless this has been contractually agreed.

Intellectual Property and Ownership

emgarde UG (haftungsbeschränkt) shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of emgarde UG (haftungsbeschränkt).

emgarde UG (haftungsbeschränkt) reserves the right to grant licences to use the Software to third parties.

Warranty Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE AND PORTAL ARE PROVIDED TO THE LICENSEE "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND LICENSEE'S USE IS AT LICENSEE'S SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH THE LICENSEE. LICENSOR DOES NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH LICENSEE'S ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY LICENSOR OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Limitation of Liability

Nothing in this EULA and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) emgarde UG (haftungsbeschränkt) BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR PRODUCT SOFTWARE, EVEN IF emgarde UG (haftungsbeschränkt) KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) emgarde UG (haftungsbeschränkt)’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND PRODUCT SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO emgarde UG (haftungsbeschränkt) OR AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. emgarde UG (haftungsbeschränkt) DISCLAIMS ALL LIABILITY OF ANY KIND OF emgarde UG (haftungsbeschränkt)’ LICENSORS AND SUPPLIERS.

Limitations of the Software

You acknowledge and agree that the Software, including its default configuration and the output it generates, may not always provide correct or complete information or results:

  • You understand that the default configuration provided with the Software is a starting point and may not be suitable for every customers's specific needs.
  • You acknowledge that the generated output, such as attack scenarios, countermeasures, or reports, among others, is based on algorithms and data provided by you, and therefore, its accuracy and completeness are not guaranteed.
  • It is the customer's responsibility to review, verify, and validate any information or results obtained from the Software before making decisions based on such information. You agree to exercise caution and judgment when using the Software and its output, understanding the inherent limitations.

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to emgarde UG (haftungsbeschränkt).

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Germany.