Enduser License Agreement (EULA) - GBelectronics GmbH
Note: automatic translation! You will find the original on the German side under "Endbenutzer-Lizenzvertrag"
Software license agreement for GBelectronics software
GBelectronics Software, Copyright (C) 1995-2012 by GBelectronics GmbH
All rights reserved.
Enduser License Agreement (EULA)
IMPORTANT: PLEASE READ CAREFULLY! This end user license ("EULA") is a legally binding contract between you and GBelectronics GmbH for the purchased software product.
By installing the software product, copy, open the seal or otherwise use, you fully accept the terms of this EULA. If you do not agree with the terms of this EULA, do not install this software product or open not sealed.
§ 1 Content of the contract
(1) GBelectronics GmbH leaves the licensee in the long run the listed standard software (hereinafter referred to as "the software").
(2) The present agreement covers not the adaptation and further development of the software, the software maintenance, the permit or the implementation of training by GBelectronics GmbH. Such services are provided on the basis of separate agreements.
(3) GBelectronics GmbH leaves the software solely on the basis of this agreement. Terms and conditions of the licensee shall not apply even if the licensor does not expressly contradict them.
§ 2 Installation of the software and services
(1) The software consists of program and user's Guide, not necessarily on paper. The programme is delivered via online data retrieval.
(2) The licensee will receive the software in the object code (executable form). There is no entitlement to publication of the source code.
(3) The installation of the software on the system environment of the licensee will make this even.
(4) Representations in test programs, product and project descriptions are, provided that no quality guarantees not expressly designated as such, is.
§ 3 Software product license
(1) This software product is protected by copyright (through national legislation and international treaties). All rights to the software, as well as on other documents provided the framework of contract preparation and implementation to exclusively the GBelectronics GmbH in the relationship of the parties.
(2) GBelectronics GmbH grants the licensee to use the software into his service a non-exclusive, temporally and spatially unlimited right for its own purposes and how this agreement described. The licensee is entitled to reproduce the software in connection with the contractual use. He may load the software in the memory and on the disk of the hardware used by him and at the same time use at work figured in the program certificate. Install the software on another computer, the use license on the previous computer lose their validity. Network licenses, licenses for multiple users or computers are explicitly assigned and must be licensed separately. A multi-seat license defines the exact number and type, as this site licenses maximum may be used. Each purchased license is, if not explicitly, a single user license that is valid only for a user and a computer. A software is generally not indefinitely.
(3) The licensee may make the necessary for a safe operation of backup copies. These are to identify as such and to provide with the copyright notice of the original data medium (if technically possible). The user's Guide may be copied only for internal purposes.
(4) The copyright notices contained in the software, trademarks, other logotypes, serial numbers and other characteristics serving program identification may not be changed or defaced.
(5) The licensee may distribute only the software to a third party, if prior written consent of the GBelectronics GmbH and that this agrees with the continued validity of the terms and conditions. The licensee passes the software to a third party, he finally discontinues the use of the software and keeps back copies will not.
(6) All other types of use of the software, in particular the translation, editing, arrangement, any other alteration (except the exceptions under §§ 69d, 69e UrhG) and the other distribution of the software (offline or online), as well as their rental and distribution require the written consent of GBelectronics GmbH.
(7) The GBelectronics GmbH may revoke the rights of use for an important reason. An important reason exists in particular if the licensee with a significant part of compensation in default of payment, or if the licensee does not comply with the terms and conditions and this fails also on written warning with a threat of withdrawal by GBelectronics GmbH does not immediately. On withdrawal of rights of use, the licensee of the original software and existing copies will give out and remove stored programs. On request of GBelectronics GmbH, he will assure in writing the editing or deletion.
§ 4 License limit
(1) The licensee may not decompile the software, back translation, disassemble, adapt, translate or change in a different way, reduce or expand. In particular, methods such as reverse engineering or other methods, to the source code of the software back partly are prohibited.
(2) The licensee may not modify the software or create derived products. The software can contain different applications, programs and components, support multiple platforms and languages and on various supports and multiple copies made available are. Distribution, transfer or resale is not permitted.
(3) May be used only with written permission by GBelectronics GmbH for advertising purposes the name GBelectronics GmbH, all logos and graphics files, representing this software product.
(4) The licensee may the rights to the software does not rent, give, sell, sublicense, assign or transfer, or approve the copying of the software either in parts or as a whole to the computer except in cases here in writing permitted another user or another legal person.
§ 5 Licensee's obligations
(1) The licensee shall take reasonable precautions in the event that the software wholly or partially not properly work. He will thoroughly test the software to their use for the purpose intended by him before he uses them operationally. He will continue to secure its data after the State of the art. He ensures that the current data from records made available in machine-readable form with reasonable cost are reproducible.
(2) The licensee shall take reasonable measures to protect the software from unauthorized access by third parties.
§ 6 Remuneration
As far as the Contracting Parties have agreed a fee, the following applies: the payment is immediately due for payment. In case of delay, the licensee must pay the statutory default interest.
§ 7 Warranty claims and liability
(1) Where the licensee is a businessman and it is for both parties to a commercial transaction, the licensee has the software immediately after its delivery by the licensor or its download, so far as this is pertinent to the proper WLL to investigate and, if a defect appears to make immediately display the GBelectronics GmbH. The licensee defaults display, so the goods deemed approved, unless it is that it is a defect which was not visible during the investigation.
(2) A lack of software occurs when has not the agreed quality of the risk, or not suitable for the contractually agreed use. No defect exists when the licensee itself or by a third party without prior written consent of GBelectronics GmbH has intervened in the software and the fault has occurred after the procedure. A deficiency is not available also, if the software on any hardware or operating system is used, which does not comply with the requirements, which are stipulated in the offer to the conclusion of the contract or in the product descriptions.
(3) The GBelectronics GmbH is entitled to redress or subsequent performance. The cure can be made conditional that a part of the agreed compensation reasonable in relation to the extent and severity of the defect of the software is already paid by the licensee.
(4) The limitation period for claims based on defects is twelve (12) months if used correctly. It starts with the delivery\/download of the software with the licensee.
(5) For the loss of data and\/or programs, GBelectronics GmbH in the amount of the expenditure which arises when the licensee application adequate and regularly performs backups and thereby ensures that lost data with reasonable effort can be restored only shall be liable.
(6) Liability for all damage is excluded unless they are specifically named in the above provisions, even if they have not arisen to the delivery item itself. Excluded from this are damage, incurred as a result of intent or gross negligence of the owner, Senior Executive or vicarious agents of GBelectronics GmbH or arising from culpable violation of essential contractual obligations. In the latter case, liability only for the foreseeable, typically occurring damage is taken over. Still, the exclusion of liability shall not apply in cases in which failure of the delivery item for damage to life, body or health or damage caused by privately used objects in terms of liability is.
(7) As far as the GBelectronics GmbH for an error according to the regulations of the product liability Act (ProdHaftG) is responsible, extent of liability governed solely by the provisions of this law. Beyond liability requires an explicit written agreement.
(8) GBelectronics GmbH assumes no warranty. Of GBelectronics GmbH are not entitled to the guarantee undertaking. The licensee cannot rely on a guarantee undertaking only, if this has been confirmed in writing by the GBelectronics GmbH itself or its legal representatives.
(Liability 9) a further is \/ will be excluded. This applies in particular to claims for damages from default at contract conclusion, due to other obligations, or due to tortuous claims for compensation for damage in accordance with § 823 BGB.
(10) The replacement of damages arising the customer use of currently in the development stage, not yet released beta versions, previous versions and\/or prototypes, is excluded.
§ 8 General provisions
(1) Amendments and additions to this contract require the written form. This also applies to the repeal, amendment or a waiver of this written form requirement.
(2) The agreement is subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention.
(3) The place of performance and place of jurisdiction for all disputes resulting from and in the context between the parties, the seat of the licensor is, as far as permitted, agreed.