END-USER LICENSE AGREEMENT FOR ROCKET CAKE

This Agreement is a legal document between you and Ambiera e.U / N.Gebhardt ("Ambiera"). Ambiera is willing to license the software to you as and individual, the company or the legal entity that will be utilizing the software (referenced below as "you" or "your") only on the condition that you accept all of the terms of this end user license agreement ("Agreement"). Read the terms and conditions of this agreement carefully before using the software. If you click the "OK" or "I agree" Button, and by installing or using any part of the Software, you agree to the terms and conditions of this agreement. If you do not agree to these terms and conditions, click on the "No" or "Cancel" button, then you are not licensed to use the software and use must uninstall or destroy all copies of it.

License
The software is the property of Ambiera and is protected by the copyright law. The software is licensed and not sold. The software is owned by Ambiera. Ambiera retains all rights, including all copyrights and intellectual property rights in and to the software, its documentation, title, logos, data files and all copies thereof. All rights not explicitly granted to you in this license are reserved by the Ambiera.
Upon your acceptance of this software license agreement Ambiera grants you a non-exclusive, non-transferable, limited license to install and use a copy of the software on your computer, up to the permitted number of computers. As between you and Ambiera, files, applications, generated program code and flash files that are authored or created by you via your utilization of the Software, in accordance with the terms of this software license agreement, are your property.

You may not transfer, sublicense, network, loan, lend, lease, distribute, rent, modify, translate, disassemble, decompile, reverse engineer, translate the software into another computer language, otherwise reduce the software to human perceivable form, create derivative works based upon the software other than as otherwise provided herein, or copy or use the Software and/or the Software documentation in violation of this Agreement.

License Key
You may use and install the software on your computer. You may not re-license, sell, reproduce or distribute any key code except with the express written permission of Ambiera.

Disclaimer of Warranty
THE SOFTWARE IS PROVIDED BY AMBIERA ''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 AMBIERA 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. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED, BUT IT MAY BE LIMITED, AMBIERA?S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF TEN ERUOS (EUR €10) IN TOTAL.
Furthermore, you acknowledge that you were able to test and use the demo version of the Software freely for a limited amount of time before purchasing a full license. You are thus conscious of the exact functionality provided by the software and will not claim any missing or wrongly advertised functionality by Ambiera.

Update Mechanism
This software may contain an automatic online update checking and registration feature through which the software connects itself with Ambiera, on Ambiera's servers. The software may automatically connect and register itself with Ambiera when there is an internet connection. This process may be done entirely in the background and no dialogs or other data is displayed on your computer screen during this process. Only information concerning the identity of the user, his computer and informations about the installed software and used software license is collected for this process.

Templates
The software includes website templates to create your own websites from. These templates sometimes include stock photos and images. Although Ambiera believes that these images have been made available for free for personal and commercial purposes by their copyright holders, Ambiera cannot guarantee that this is actually the case. To be one the safe side, it is a good idea to replace the included images with your own images.
In no event shall Ambiera or any of our associates be liable for any damages arising from the use of or the inability to use the images, even if one of Ambiera's authorized representatives has been notified orally, or in writing, of the possibility of such damage.

Images
When images are imported into RocketCake and then published, they might loose their EXIF information during this process. Especially when images contain orientation EXIF info or are rescaled in order to reduce the size of the image. You are responsible to ensure that the images you used are allowed to be published without or with modified EXIF information: Some authors of freely available images on the internet don't allow EFIX information to be removed from their images.

Termination
If you fail to comply with the terms and conditions of this license, Ambiera will terminate the License agreement and you immediately have to delete all copies of the Software.

Built-in FTP Client
The software includes a mechanism for uploading files to a server, in order to publish a generated website using the internet protocols FTP, SFTP or FTPS, when clicking the command "publish to the internet". This mechanism is not guaranteed to be save or secure. For uploading files in a save manner, use the "publish to disk" feature instead and use a dedicated FTP client.

Support
This license does not include support services, although Ambiera can decide to offer you prioritized support via email. Repeated voluntary provision of support services by Ambiera does not constitute a claim for future provision of support services for you.

Jurisdiction and Choice of Law
Insofar as not otherwise agreed, this Agreement shall be governed exclusively by Austrian law. Austrian law shall also be applied in case of you being located outside of Austria. You expressly agree that exclusive jurisdiction for any claim or dispute with Ambiera linked in any way to your use of the Software and/or Documentation resides in the competent court in the town of Vienna, Austria.

Publicity
Purchasing any software from this websites gives Ambiera (the Licensor) the option to link the purchaser's company (the Licensee) from a sub page of the ambiera website (i.e. 'Companies using the Software'). The Licensor is allowed to indicate the existence of the business relationship with the Licensee on all advertising media including his website(s) using the Licensee's name and logo, subject to optional withdrawal in written form by the Licensee.

Severability
Should individual terms of this agreement be or become inoperative, this will not affect the remaining terms of this agreement. Ambiera and you will work in a spirit of partnership to find an arrangement that approximates the inoperative terms as closely as possible.
