License Agreement

Please read carefully.
Release: August 31, 2001

This is a legal agreement between you (‘licensee’) and Ralf Lange, Germany (‘licenser’).

By opening the sealed envelope you agree to be bound by terms of this agreement. Please read carefully! If you do not agree to the terms of this agreement, you may not open this envelope! In this case you should, however, promptly return the unopened envelope and all accompanying items (including ‘online’ and written materials and binders) to your place of purchase, for a full refund.

To ensure security of the data it is in your best interest to produce backup copies regularly!

 

§1

Product Capability and Affirmation

1.

Information in brochures, advertisements, documentation and similar material are only descriptions and do not include any affirmation of product features.

2.

The affirmation of features requires an explicitly written agreement. This is also the case for prices or information concerning the release of changes or updates.

   

§2

Grant of License

1.

The licensee may use licenser software products (‘software’) and documentation solely on the basis of a license granted by the licenser.

2.

With this software license the licenser grants the licensee an individual and personal, nonexclusive, and only by the consent of licenser, transferable right to use the licensed software. This right does not include the right to under-license. In the case that the licensee is a legal entity, licenser grants the right to designate one individual within the organization, to have the sole right to use the software, in the manner provided in this license agreement.

3.

Being that this is a user dependent, personal software license, any licensee who wants the software to be used by several employees has to purchase the number of software programs that correspond with the number of users. The exception being that the written offer and/or the confirmation of order determines the number of users that are licensed to use the product on all CPUs in a network or as users of alone standing CPUs. The licensee may not exceed the determined number of users at any time.

4.

The licenser not agrees to the further sale, renting, or giving of the software.

5.

The software is provided in the form of an object code and source code.

6.

The software may be copied or multiplied only as often as necessary for use on the licensed system and for the purpose of backup or archive copies. A backup copy is to be labeled as belonging to the software.

7.

The use of the licensed software within a network, or a similar processing system ist not permitted if the ability to simultaneously use the software is achieved. If the licensee wants to use the program within a network, simultaneous multiple use has to be guarded against, through security measures, except for the case in which, the written offer and/or the confirmation of order, according to § 2 Abs. 3 imply a different case.

8.

The licensee is to hold all software information, as well as the applied methods and procedures confidential. He/she is obliged to guard the provided software and documentation against knowledge of or use by a third party.

9.

The licenser alone reserves all rights, especially copyrights, for the provided software as well as the documentation, as long as this is not explicitily marked differently.

10.

Software licenses are granted for an indefinite amount of time, and can only be terminated, for an important reason, by licenser. Termination by the licenser is relevant in regards to all versions of the software supplied to the licensee, including reproduced copies.

11. In some cases licenser offers updates or upgrades for the product for special prices. If using an update or upgrade, the old license is not valid any more.
   

§3

Further Distributable Components

1.

Notwithstanding § 2 licenser guarantees it’s customers the non-exclusive right, to reproduce as well as further distribute the object code version of any part, in every software, that is marked as a further distributable component or run-time module in the software’s written and electronic documentation.

2.

The licenser guarantees the licensee the right to further distribute, license-free, the further distributable components/run-time modules, under the following conditions:

(a) The licensee may only sell the runtime module together with, and as a part of his software product.

(b) The licensee includes the complete software copyright notice of the licenser (in the form stated in the corresponding information file) in his product wherever the copyright of the software appears (program and packaging). At least the copyright must be included in the about dialog of the software.

(c) The licensee provides the enduser with support that is necessary in regards to program parts which are based on the software.

(d) The licensee agrees to indemnify and hold the licenser harmless and defend licenser in conjunction with all claims and legal arguements, including the costs of lawyers, that occur as a result of the use or further distribution of its software product.

(e) The licensee may allow his customers the further distribution of further distributable components/run-time modules only together with his software.

   

§4

Software Product Warranty

1.

The licenser makes a considerable effort, by way of quality control measures, in order to achieve software perfection. The licenser would like to make you aware of the fact that when considering today’s technical knowlege, it is not possible to develop completely error free software.

2.

In the case, that specific functions and performance features in the software product description are not met, or when the licensee notifies the licenser of a defect in written and reproducable form, the licenser has the right to correct the problem. The correction can be fullfilled if an update is supplied to the licensee.

3.

If the licenser’s repeated attempts to improve the product are not successful, or the licenser is not able to offer the licensee an error free new version, the licensee has the right to cancel the aggreement, or receive a price reduction.

4.

The right of product warranty is excluded in regard to the type of program or program parts that were modified by the licensee, except for the case in which the licensee can show licenser that the failure was not caused by the changes created. The right of product warranty is excluded when errors, breakdown and damage occur either as result of mishandling the software, hardware or operating system defects, ignoring the instructions regarding backup copies, or other reasons that don’t lie under the responsibility of the licenser’s proceedings. This is also the case when the licensee denies the licenser the ability to investigate the cause of the claimed defect.

5.

The warranty is valid for a period of 6 months starting with product delivery.

6.

The warranty is covered by the licenser.

   

§5

Product Changes

The licenser may make product changes that don’t effect general functional capability.

   

§6

Other Agreements

1.

Place of performance is Dresden, Germany.

2.

The laws of the Federal Republic of Germany shall apply to this contract. The Hague Uniform Commercial Code is barred.

3.

Subsequent additions or changes of agreements require the written form. This also applies for the renunciation of the written form requirement.

4.

If one point of the License Agreement is not valid, all other points are not affected.


© Ralf Lange, longsoft Dresden
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