§ 1 Subject of the License Agreement
The subject of this agreement is the computer program recorded on a data volume (CD ROM or floppy disk or memory stick) resp. the computer program downloaded from the internet web site of the licenser, the program description and the user manual as well as the complete associated written material. All these parts will we called in the following as “software”.
§ 2 Copyright Protection
The licensee will receive only the right of property on the physical data volume on which the software is recorded. The licensee accepts that the software is a computer program capable of being protected in terms of § 2 section 1 Nr. 1, §69 a German Copyright Act, and that the licenser is originator in the sense of §§ 7, 69 b German Copyright Act.
§ 3 Scope of Usage
The licenser grants the licensee for the duration of this contract a single nonexclusive and personal right (hereafter referred to as ‘license’) to install and use the above listed software products on his computers. The number of concurrent authorized users results from the sales contract and will be monitored automatically by a license manager. The licensee accepts that the data volume and the software is provided only for the usage in the licensee’s own company. Any further usage is not permitted.
§ 4 Special Restrictions
The licensee is not permitted without previous written assent of the licenser to modify the software, to translate or to attempt to create derivative works from the software. The licensee is not authorized to reverse engineer, to decompile or to disassemble or make any attempt to discover the source code. The licensee is not entitled to claim a disclosure of the source code or the source code documentation.
§ 5 Ownership of Rights
The licensee is granted the right of usage agreed in this license agreement. An acquisition of further software rights is excluded. The licenser reserves all rights on the software especially for publication, reproduction, editing, further development and utilization.
§ 6 Reproduction
The software is copyright protected. The copyright applies also to the program code, the documentation, the display image, the structure and organization of the program files, the program name, logos and other display formats within the software. All rights are reserved and protected by international contracts and copyright acts. The licensee is only authorized to make a back-up copy for archiving purposes exclusively. The licensee is obligated to apply the licenser’s copyright notice to the back-up copy or to include the copyright notice therein. A copyright notice as well as registration numbers included in the software must not be deleted. It is expressively prohibited to copy, or reproduce in any other manner, either wholly or partly, the software in original or modified form or merged with any other software or incorporated in other software.
§ 7 Installation and Configuration
Installation and configuration of the software will be executed by the licenser on explicit order by the licensee.
§ 8 Transfer of User Rights
The user rights to this software can only be transferred to a third party with explicit previous written consent from the licenser and under the conditions of this contract. Donating, lending, leasing or giving away of the software to third parties are expressly prohibited.
§ 9 Duration of the Contract
The contract shall run for an indefinite period of time; the right of the licensee for use of the software is automatically revoked – also without notice – in the event the licensee violates any of the terms herein. In case of the termination of the right of use the licensee is obliged to destroy the original data volume and the complete written material as well as all software copies including any amended copies and written material and on request of the licenser to prove the total destruction affirmed by notarial attestation.
§ 10 Changes and Updates
The licenser is entitled to update the software at his own discretion and to develop new or improved versions. The licenser can offer to the licensee a software maintenance agreement in order to receive software updates.
§ 11 Liability
a) According to the current state of the art the occurrence of program errors cannot be completely eliminated. Hence the subject of this agreement is only a software which according to the program description and the user manual is basically viable.
b) For the reasons set out above in para a) the licenser gives no warranty for the software to be error free. Especially the licenser assumes no warranty that the software complies with the licensee’s requirements and functions, or cooperates with other software products selected by the licensee. The responsibility for the proper selection and the consequences of using the software as well as the intended and obtained results shall lie with the licensee. The same is valid for the written material accompanying the software. In case the software is in principle useless in the sense of para a), the licensee has the right to withdraw from the contract. The same right applies to the licenser if the production of software in order to fulfill the clause under para a) is not possible with due effort.
c) The licenser does not assume any responsibility for damages incurred due to using this software or the incompetence to using the software (included are damages from lost profit, operational disruption, loss of business information or of data or from any other financial loss) even if the licenser has been informed about the possibility of the occurrence of such damage. This does not apply insofar as there is no compulsory liability on account of intent or gross negligence.
§ 12 Place of Jurisdiction
This license agreement is subject to the law of the Federal Republic of Germany. The sole place of jurisdiction for all disputes arising directly or indirectly from contractual relationship is to the extent permitted by law Local Court (Amtsgericht) Königstein.
§ 13 Final Provisions
Should individual provisions of this license agreement be invalid, then the validity of the other regulations will not be affected by this. In place of the invalid term a clause which is close to the original economical purpose is seen as agreed.