The following End User License Agreement ("EULA") represents the license conditions between you as a user of the ATLAS.ti Software and ATLAS.ti Scientific Software Development GmbH, Berlin, Germany ("ATLAS.ti", "Company", “We” or "Licensor") for the use of software including related media, documentation (for example program descriptions, manuals) and other documents and materials manufactured by ATLAS.ti ("Product(s)"). By registering for the use of the Software, either installed on your computer or via remote access as a software as a service (“SaaS”), you declare yourself in agreement with these conditions. If you do not agree with these conditions, you must not install and/or use the Software.
ATLAS.ti grants to you the non-exclusive, non-assignable right to use the Software in compliance with the type of license purchased. You shall not be granted any rights in the source code of the Software. You may not reverse engineer, decompile, or disassemble the Software, except to the extent that the foregoing restriction is expressly prohibited by applicable law. You may not modify the Software or create any derivatives based upon the Software. You may not rent, lend or lease the Software, or otherwise transfer the Software and accompanying written materials to any third party. All rights not expressly granted are reserved by ATLAS.ti.
If you purchased the Software for installation on your computer (and not a cloud version only), you shall be entitled to create one backup copy to ensure reinstallation of the Software.
At ATLAS.ti we are especially sensitive regarding personal data and fully understand and comply to the necessity of uttermost protection of any personal data of customers, users, partners and employees we process.
If you register for the use of the Software, we collect and process your personal data as a data controller in order to enable you to use the Software. In this context we process the data of you as a user of the Software in the context of the performance of our services. This may involve the processing of the following data of the user: First and last name, address(es), contact data (e.g., e-mail address, telephone number), licensee information and position (e.g., employer/university and position/(title of the user), contract data (e.g. subject of contract, duration, license details), payment data and data collected in the context of the performance of our services and/or required for the provision of our services. Your personal data will be processed as long as you use your account. If your account is closed/deleted the data processed via your customer account is deleted (subject to data retention obligations). The legal basis for this storage and processing is the fulfilment of the contract or the implementation of precontractual measures pursuant to Art. 6 para. 1 lit. b) GDPR.
Personal data processed via the Software by you, e.g., in the context of data analysis, is performed by ATLAS.ti as a data processor on our customers’ behalf and on our customers’ instruction. This data processing is subject to the ATLAS.ti Data Processing Agreement, that is, as part of the agreement, accessible at www.atlas.ti.com/dpa.
Some content included in the Software, as well as any associated intellectual property rights and titles, belongs to third parties. This content may be protected by copyright or other intellectual property laws and treaties and may be subject to terms and conditions from the third party providing the content. Please refer to the list of Third-Party Software Terms, accessible at www.atlasti.com/oss.
Copyright notices, serial numbers and other identification features of the program may not be removed from the software or altered in any way.
The Software and accompanying written materials are provided "as is", without warranty of any kind. To the maximum extent permitted by law, ATLAS.ti disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk arising out of the use or performance of the Software and any accompanying written materials remains with you.
To the maximum extent permitted by applicable law, in no event shall ATLAS.ti, its suppliers, subsidiaries or representatives be liable for any - including consequential – loss or damages whatsoever (including, without limitation, damages for loss of business profits, business interruption,loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Software, even if ATLAS.ti has been advised of the possibility of such damages.
If any stipulation of this EULA should be or become invalid, either completely or in part, this shall not affect the validity of the remaining stipulations. The parties undertake instead to replace the invalid stipulation with a valid regulation which comes as close as possible to the purpose originally intended. This EULA is governed by the laws of the Federal Republic of Germany. If either party employs attorneys to enforce any rights arising out of or relating to this EULA, the prevailing party shall be entitled to recover reasonable attorney’s fees, costs and expenses.