Licensor: Thomas Hainke Dipl. Inform. Univ.
The demo version of this software may be used free of charge. The scope of its features is restricted but otherwise has the same features as the full version. These restrictions can be removed for a limited period of time by placing a separate order for a test activation. The test activation is also free of charge. The full version is not restricted in any way. It is available for purchase. Accordingly, the subject of the following agreement is either the demo version that can be used free of charge with optional test activation, or the full version of the software that has to be purchased. In case of the demo version, the licensee and the user of the software are identical and in case of the full version the licensee is the person under whose name the software has been registered.
1. License granting
1.1. Subject to the following provisions of the present agreement, the licensor shall hereby grant the licensee the non-exclusive license to use the present license software for the licensee's own computing requirements for an unlimited period of time. The use of the license software as part of a service offered by the licensee shall only be permitted if this is included in the provisions for the use of the license software.
1.2. Subject to the following exception, the licensee shall not be entitled to change the license software or documentation in part or in full, to make copies of it, rent it, market it or grant third parties the right of use to it. Unless otherwise agreed, the licensee shall not be allowed to use the license software on more than one computer.
1.3. The licensee shall be entitled to make a copy of the license software for backup and archiving purposes. The licensee shall not be permitted to remove or change any of the copyright notes or other property rights notes attached to the license software. Duplication or photocopying of the documentation shall not be allowed.
1.4. Only in cases of exceptions regulated by law shall the licensee be entitled to disassemble or decompile the license software or to analyse it by means of reverse engineering.
1.5. In order to ensure the adherence to the usage limitations in this agreement, the licensee shall be obliged to grant the licensor access to the premises where the license software is installed, with prior notice of three days and at any time within normal working hours.
1.6. The licensee agrees to the monitoring of compliance with the license terms through suitable technical measures.
1.7. The use of the license software shall be restricted to the stipulated number of users. As installations on a server (or Virtual Machine) will almost certainly not be used by a single user only, it is not possible to install the program on a server with a single license.
2. License fees and Terms of payment
2.1. The license fee for use of the license software is based on the licenser's general price list, which is valid at the time of the conclusion of the agreement.
2.2. Delivery of the license software shall be in the form of a download, carried out by the licensee, from the producer's website or a different source, and shall include the program files and a help file. Further or printed documentation is not available and is therefore not included in the delivery.
2.3. The licensee shall receive the license key necessary to turn the demo version into a full version as soon as the licensor receives full payment of the license fee, provided that the licensee has already left all details necessary for processing the order on the producer's website at that time.
3. Period of license and Cancellation
3.1. In case of breach of substantial contractual obligations by the licensee, especially the agreed scope of use, the licensor shall be entitled to terminate the license agreement without notice.
3.2. In case of termination of the agreement, the licensee shall be obliged to:
(a) stop the use of the license software without delay
(b) surrender or destroy all copies of the license software in his possession, including the documentation, at his own expense and without delay; and
(c) if requested by the licensor, solemnly declare that no further copies of the contract software or the documentation are still in his possession.
3.3. The licensee shall pay a contractual penalty for every use of the license software that does not comply with the license agreement, provided that he is responsible for it. The contractual penalty shall be fifty times the license fee of the license product.
3.4. Further claims of the licensor, especially claims for damages, shall remain unaffected thereof.
4.1. With regard to the technical level, it is impossible to eliminate all possibilities of a defect in the license software. Therefore, the licensor shall not be obliged to take warranty insofar as defects have little or no effect at all on the intended use of the license software.
4.2. The licensor shall warrant that the program carriers and the documentation (unless the latter is not part of the contract) are flawless on delivery. In case of defects, the licensor shall be obliged to exchange the license software free of charge within a warranty period of twenty-four months, commencing at the time of delivery.
4.3. The licensor shall warrant that the license software does not substantially differ from the specification. There shall be a warranty period of twenty-four months, commencing with the delivery of the program carriers or the activation code to the licensee.
4.4. Where the license software does substantially differ from the specifications given by the licensor, the licensee shall be entitled to a free correction or substitute delivery, as seen appropriate by the licensor. The correction may also consist in a - possibly temporary - avoidance of the defect ("workaround") or in the substitute delivery of a new version of the license software, provided that the licensee's use of the license software as stipulated in the agreement is not substantially affected hereof.
4.5. Where the correction or substitute delivery remain unsuccessful within a reasonable period of time, the licensee shall be entitled to a discount on the license fee or to rescind the agreement with prior notice.
4.6. In case of updates transfered following the previous transfer of earlier versions of the license software, the warranty shall be restricted to the changes that were made to the license software with regard to the updates. Concerning the parts of the license software that remained unchanged, the warranty period of the previous version shall remain in full effect.
4.7.There shall not be any warranty rights if the licensee has used the license software in a way that does not comply with the provisions stipulated in the present agreement or has changed or extended it, unless he is able to prove that such use, change or extension did not cause the defect that was queried.
4.8. A warranty for the compatibility with other programs not licensed by the licensor shall only exist within the context of specification. The compatibility is restricted to the specified version.
4.9. Concerning the restriction of defects of the license software, the licensee shall be obliged to collaborate according to the documentation and, specifically, to document the defect in detail and in an appropriate way.
4.10. There shall not be any warranty rights if defects of the license software are not queried immediately after they have been noticed - or, in the case of obvious defects, by 10 days after the delivery at the latest.
5. No assignment of claims
5.1. Claims of the licensee towards the licensor, including any possible claims for damages or warranty claims shall not be assigned.
6.1. For the present agreement, the law of the Federal Republic of Germany shall be applicable exclusively.
6.2. Where permissible in accordance with § 38 ZPO (German Code of Civil Procedure), it is agreed that the district court of Augsburg, Germany shall be legal venue for all litigations arising from or in relation to the present agreement between the licensor and licensee.