End-User License Agreement (EULA)
Please read through the terms and conditions of this License Agreement carefully before opening the data carrier package or continuing with the installation of the program. The End-User License Agreement (EULA) is a legally valid contract between you (either a natural or a juridical person) - hereinafter referred to as "Licensee" - and ABACOM-Ingenieurgesellschaft - hereinafter referred to as "Licensor" - for the software products and any associated software components, media, printed materials and online or electronic documentation of ABACOM-Ingenieurgesellschaft. This License Agreement is the entire agreement concerning the program between you and ABACOM-Ingenieurgesellschaft (hereinafter referred to as "Licensor") and replaces all earlier contracts, assignments or agreements between the parties. The software may have an included supplementary agreement or an addendum to this EULA. By opening the sealed data carrier package, but upon installing, using, copying or otherwise utilizing the software products of ABACOM-Ingenieurgesellschaft at the latest, the purchaser explicitly declares his or her consent to the provisions of the software license terms and conditions and agrees to be bound by the terms of this EULA. If you do not agree with the terms and conditions, do not install or use the software. Copyright notices and other marks used to identify the program must on no account be removed or modified. ABACOM-Ingenieurgesellschaft provides all information with great care and according to the currently applicable state of the art and provides for its regular updating.
§ 1 Object of this Agreement
The object of the Agreement is the computer program stored on the data carrier, the program specification, operating instructions and other associated material. Licensor warns that it is impossible to manufacture computer software so that it functions perfectly in all applications and with all hardware combinations, given the current state of technology. Therefore, the object of this Agreement is only software which is fundamentally usable as described in the program specification and operating instructions.
§ 2 Rights of Licensee
Licensee, by purchasing this product, receives only ownership of the physical data carrier to which the software has been written, as well as the right to use the purchased software. This purchase does not convey any rights to the software itself. Licensor reserves all rights to publish, reproduce, change and use this software.
§ 3 Retention of title
The software as provided, the program specification, operating instructions and other associated material remain the property of Licensor until all demands by Licensor arising from the business relationship have been paid in full by the Licensee.
§ 4 Granting of license
(1) With the prerequisite that all provisions of this EULA are observed, Licensor grants a personal, non-exclusive license to install and use the software.
(2) Licensor grants the right to install and use copies of the softweare on devices on which a properly licensed copy of the operating system for which the software was developed is installed. The software may not be saved or used on more than one hardware system, except where expressly permitted by Licensor. If, however, Licensee replaces the hardware, he must delete the software from the hardware used previously. Licensee may make copies of the software that are required for private backups and archiving.
(3) Using the software on a network or any other multi-user computer system is not permitted where this allows the program to be used concurrently at more than one workstation. If the user wishes to use the software within a network or other multi-user system, he or she must purchase an appropriate number of additional licenses for the other workstations connected to the network system. A license must be purchased and installed on every workstation that gives access to the software.
Using the software in such a network or multi-user system is only permitted after the required extra licensing fees have been paid in full.
§ 5 Decompiling and program modification
(1) Back-translating the program code into another format (decompiling) and other forms of reverse-engineering the different stages of manufacture of the software are not permitted.
(2) Removing the copy protection or any similar protection mechanisms is absolutely prohibited. Licensee may only bypass these copy-protection mechanisms if they are interfering with or preventing error-free use of the program and where Licensor, despite a request from Licensee to remove this hindrance, has not responded within a reasonable time. Licensee must prove that its use of the product is impaired or hindered by such a protection mechanism.
(3) Program modifications that go beyond the scope of paragraph 2, particularly for the purposes of debugging, or increasing the functionality of the program, are only permitted for personal use of the changed program. Personal use as defined here particularly covers private use by the Licensee. Personal use also includes professional or commercial use, where it is used only by Licensee or its employees and is not used commercially externally in any form.
§ 6 Transfer of usage rights
(1) Licensee may transfer ownership of the software to a third party, as long as this does not constitute for-profit rental or leasing and the third party agrees to be bound by the present terms and conditions. The original license package structure must be maintained, and existing license packages must not be split up and sold as a single license or with another package structure. The original Licensee must hand over all copies of the program including any backup copies, or destroy those copies not handed over. During the period of the handover of the software to a third party, the original Licensee has no right to use the program. Renting for commercial purposes or leasing are not permitted.
(2) Licensee must carefully retain these terms and conditions. Before transferring the software, these conditions must be presented to the new Licensee. If the original Licensee no longer possesses the terms and conditions at the time of this transfer, a replacement copy must be requested from Licensor. Licensee shall bear the costs of mailing.
(3) Licensee may not hand over the software to a third party when there is good reason to believe that the third party will not adhere to the terms and conditions, particularly with regard to making unauthorized copies.
§ 7 Reproduction rights
(1) All titles, including those not subject to copyright law, in and to the software and all copies thereof belong to Licensor or its suppliers. All titles and rights to the intellectual property in and to the content that can be created using the software are the property of the respective owner and can become intellectual property through applicable copyright laws and other laws and protected by contracts. This EULA does not grant you any rights to use such content. All rights not expressly granted are reserved by Licensor.
(2) Licensee may make copies of the provided program if these copies are required to use the program. These necessary copies include installing the program from the original data carrier to the main server for the hardware to be used and loading the program to internal memory.
(3) Licensee may also make additional copies for backup purposes. However, only one backup copy may be made and stored at any time.
(4) Licensee is not permitted to make any further copies, including printing the program code.
§ 8 Agreement duration
The Agreement is valid indefinitely. If Licensee breaches any provision of this agreement, the right to use the purchased program shall be terminated without notice. Licensee is obligated to destroy the original data carrier and all copies of the program, including any altered versions, and any written material upon termination of this Agreement. Regardless of all other rights, Licensor shall be entitled to terminate this License Agreement if you violate the terms of this EULA. In such a case, you must erase all copies of the software in your possession.
§ 9 Compensation for breach of contract
Licensor expressly declares that Licensee shall be liable for all losses incurred by Licensor arising from copyright infringements by Licensee in breach of this Agreement.
§ 10 Modifications and updates
Licensor is entitled to create updates to the program at its discretion.
§ 11 Warranty, duty to examine and to give notice of defects
(1) Licensor guarantees that the program as sold and as described to the purchaser is usable under the usual conditions of operation and maintenance and has the functionality claimed for a period of twelve months from the date of delivery. A negligible reduction in usability shall be disregarded. Claims in regard to defects in the software must be raised with the vendor supplying the software. For private purchase as defined by the German Civil Code, the warranty period is two years from the date of delivery.
(2) If a program package is shown to be unusable within a six-month warranty period starting from the date of delivery of the program package to the customer, Licensor will take back the program package supplied and replace it with an equivalent new program package. If this is also shown to be unusable, and if Licensor is unable to establish usability at reasonable cost and within a reasonable time, Licensee shall be entitled to a price reduction or shall be entitled to return the program package and to receive a full refund.
(3) There is no further obligation under the provisions of this warranty. In particular, there is no guarantee that the program package will meet specific requirements of the customer or those of its users. Licensee bears sole responsibility for the selection, installation and use of the software, and for the intended results.
(4) Licensee is required to inspect the software for obvious defects that would be immediately evident to an average customer. Obvious defects, particularly missing data carriers or manuals and substantial, easily visible damage to the data carrier must be reported to the supplier in writing within two weeks. Defects, particularly their symptoms, must be described in as much detail as possible (e.g. details of error messages).
(5) Defects that are not obvious must be reported to the supplier within two weeks of detection by the Licensee.
(6) If the provisions of the duty to examine and to give notice of defects are not met, the software shall be considered to be accepted with due consideration for the respective defect.
(7) Licensor assumes neither warranty nor liability for the correctness or completeness of the information, texts, graphics, links or other content contained in the software nor warranty with regard to transmission of computer viruses, worms, Trojans or other such computer programs. Forwarding any warranty or guarantee to users or third parties is expressly refused.
(8) It is expressly stated that every user is personally responsible for, and must make provision for, proper backup of all data saved in the program. Licensor offers no guarantee and accepts no responsibility whatsoever for loss of data in the event of an error.
§ 12 Liability
(1) Licensor shall be liable for damages for which it is responsible up to the purchase price. Licensor accepts unlimited liability for damages resulting from defects of title and the failure to provide the warranted characteristics. Liability for misfeasance shall be limited to the purchase price and to the losses that would typically be expected in relation to a software license. Otherwise, Licensor accepts unlimited liability only for intent and gross negligence, including that of its legal representatives and executives. Where others performing an obligation for which Licensor is principally liable are at fault, Licensor is only liable for misfeasance as defined above.
(2) For ordinary negligence, Licensor shall be liable only where it has neglected an obligation that is central to achieving the purpose of the Agreement (material obligation). If the material obligation is not fulfilled, limited liability for neglect of duty in accordance with paragraph 1 of this liability clause shall apply accordingly.
(3) Liability for loss of data is limited to the typical cost of recovery that would have been incurred had regular data backups been made corresponding to the level of risk. We accept no liability for consequential losses caused by a defect not covered by insurance or for loss of profit, unrealized savings or other indirect losses.
(4) Licensor shall not be liable for any indirect or direct damages that result from faulty configuration of the system environment, the operating system or the purchase of Licensor's software as sold. Nor does the Licensor accept any liability for such damages as may result from faulty or unapproved scripts, from other faulty or unapproved program updates or upgrades produced or commissioned by Licensee, or from faulty or unapproved interface programming.
(5) Liability under section 14 of the German Product Liability Act (ProdHG) is not affected.
§ 13 Privacy and Duty of Care
Both parties to the Agreement shall not divulge any trade or business secrets, data or documents that they become aware of through their business relationship either during or after the term of the agreement. Trade and business secrets include the names of the license holder's clients and the agreed terms and conditions of sale. Both parties to the Agreement shall not divulge any trade or business secrets, data or documents that they become aware of through their business relationship either during or after the term of the Agreement.
§ 14 Place of jurisdiction
Our entire commercial relations with Licensee are exclusively subject to the law of the Federal Republic of Germany with exclusion of the UN Convention on Contracts for the International Sale of Goods. Where this law refers to foreign legal systems, these references are invalid. The place of jurisdiction for any disputes arising from this Agreement and any agreements derived from it is Oldenburg, Germany.
§ 15 Severability clause
If individual provisions of this Agreement are or become completely or partially invalid, the validity or enforceability of the remaining provisions shall remain unaffected. In the event a provision of this contract becomes invalid or unenforceable, said provision shall be replaced by a valid and enforceable one which most closely approximates the economic intent of the Parties. The above provisions shall apply correspondingly to any gaps in the contract