End User Licence Agreement (EULA)

Effective date: 2024-09-26

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

“Software” refers to the software product provided by LISTA AG, including all associated media, printed materials and electronic or online documentation.

“Licensor” refers to LISTA AG, the owner of the software. The business partner of the “Licensee” with regard to the software provided by LISTA AG may also be an affiliated company of LISTA AG that distributes products of LISTA AG.

“Licensee” refers to the person or organisation that uses the Software.

Licensor grants Licensee a non-exclusive, non-transferable, non-sublicensable licence to use the Software in accordance with the terms of this Agreement.

The Licensee may install and use the Software on a single device. The Software may only be used by the Licensee and only for the purpose specified by the Licensor.

The Licensee is solely responsible for providing suitable hardware for the Software on which the Software can be installed in an executable and functional manner.

The Licensee may not rent, lease, sell, sub-licence, assign, transfer, outsource, disclose or otherwise commercially exploit the Software or make it available or transfer it to third parties. The Licensee or third parties may not modify, adapt, translate, reverse engineer, decompile or disassemble the Software, including parts of the Software. If the Licensee’s hardware on which the Software is installed is handed over to a third party, the Licensee is responsible for ensuring that the Software is completely deleted before it is handed over to the third party. The aforementioned obligation to delete the software before providing hardware to third parties does not apply to dealers who sell the software purchased and installed by LISTA to a third party for the intended use.

The Licensee may not copy the Software or have it copied except for internal backup or archiving purposes.

All rights, title and interest in and to the Software and in all copies of the Software shall remain with the Licensor.

Licensor may from time to time provide enhancements or improvements to the features/functionality of the Software, which may include patches, bug fixes, updates, upgrades and other changes. However, the Licensor is not obliged to do so.

Updates may alter or delete certain features and/or functions of the Application. The Licensee agrees that the Licensor is not obliged to (i) provide updates and/or upgrades or (ii) continue to provide or activate certain features and/or functions of the Application for the Licensee.

The Licensee further agrees that all updates or other changes to the Software provided after the initial installation of the Software (i) be regarded as an integral part of the Application and (ii) are subject to the terms and conditions of this Agreement.

Maintenance or other support services are not part of the software delivery. If offered by the Licensor, they must be regulated in a separate agreement.

This Agreement shall enter into force upon installation or use of the Software and shall remain in force until terminated by the Licensor or Licensee.

The Licensee may terminate this Agreement at any time by deleting the Software and all copies thereof.

This Agreement shall terminate automatically if the Licensee violates any of the terms of this Agreement.

In addition, the Licensor also has the right to terminate this Agreement in writing or in electronic form without notice if the Licensee violates any of the terms of this Agreement.

Upon termination of the Agreement, the Licensee shall destroy all copies of the Software. The rights of the Licensor shall not be limited by the termination and shall survive the termination of this Agreement.

Licensor reserves the right to amend or replace this Agreement at any time. The current version can be viewed at any time at www.lista.com.

By continuing to access or use the Application after changes take effect, the Licensee agrees to the revised terms.

Der Lizenzgeber behält sich das Recht vor, diese Vereinbarung jederzeit zu ändern oder zu ersetzen. Die aktuelle Version ist jederzeit auf www.lista.com einsehbar.

Indem der Lizenznehmer nach Inkrafttreten von Änderungen weiterhin auf die Anwendung zugreift oder sie nutzt, erklärt er sich mit den überarbeiteten Bedingungen einverstanden.

Licensee agrees to indemnify and hold Licensor and its affiliates and employees harmless from any claims arising out of or related to: (i) the use of the Application; (ii) violation of this Agreement or any law or regulation; or (iii) violation of any right of a third party.

The Software is provided “as is” without any guarantee, representation or warranty of or liability for certain properties of the Software. To the extent permitted by applicable law, Licensor disclaims, on its own behalf and on behalf of its affiliates, all warranties, express, implied, statutory, or otherwise, and any and all claims of liability with respect to the Application, including all implied warranties of fitness for a particular purpose, property rights and non-violation of third party rights, and warranties arising from the course of business, performance, customs or trading practices. Without limiting the foregoing, Licensor makes no guarantee or commitment and makes no representation that the Application will meet Licensee’s requirements to achieve the intended results, be compatible or interoperate with any other software, applications, systems or services, operate without interruption, meet performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected. Likewise, the Licensor assumes no liability for any loss of data and possible consequential damage resulting from a loss of data caused in whole or in part by the Software.

In no event shall Licensor be liable for any special, incidental, indirect or consequential damages (including, but not limited to damage from loss of profits, business interruption, loss of business information or other financial losses) resulting from the use or inability to use the Software, even if the Licensee has been advised of the possibility of such damages.

The Licensee agrees that legal claims against the Licensor arising from product liability are excluded to the extent legally possible.

Should any provision of this Agreement be held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. Invalid provisions shall be replaced by valid provisions that come closest to the intended purpose of the invalid provisions.

Ancillary agreements, amendments and additions are only valid if they are made in writing. The foregoing clause may only be waived in writing.

This Agreement is governed by the laws of Switzerland.

The place of jurisdiction is Erlen, Switzerland.

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter this Agreement and replaces all prior oral or written understandings, agreements or contracts

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LISTA AG

Fabrikstrasse 1
CH-8586 Erlen
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