LICENSE TERMSLicense terms at a glance
1. Licensed object
The Licensor grants the Licensee a simple, perpetual, transferable right to use the Software in the agreed hardware and software environment for private and/or business purposes.
These license terms shall apply accordingly to updates of the Software (upgrades and/or updates). The rights of use are made available to the user (hereinafter “Licensee”) by Ms. Monika Verse (hereinafter “Licensor”).
2) Scope of use
2.1 The licensee is not granted the right to edit.
2.2 Leasing of the software is not permitted.
2.3 The licensee is forbidden to remove and/or modify any existing copy protection.
2.4 The Licensee undertakes to take appropriate technical and organizational measures to ensure that the Software is used for its intended purpose.
2.5 The Licensee is entitled to make one copy of the Software for backup purposes. The copies of the software for the purpose of proper data backup are part of the intended use.
2.6 If the licensee exercises his right to transfer the rights of use to a third party, he must impose his contractual obligations on the third party. Upon transfer, the Licensee’s rights of use shall expire. All existing copies of the Software shall be deleted.
2.7 According to § 158 para. 1 BGB (German Civil Code), the granting of rights only becomes effective when the licensee has paid the remuneration owed in full.
2.8 If the Licensee seriously violates the agreed rights of use, the Licensor may extraordinarily terminate the granting of the rights of use for the Software concerned. This shall require an unsuccessful warning with an appropriate deadline set by the Licensor.
2.9 In the event of termination, the Licensee is obliged to delete all existing copies of the Software and to confirm this to the Licensor in text form upon request.
2.10 The other legal and contractual regulations remain unaffected.
3) Obligations of the licensee
3.1 The licensee has to inform himself about the essential functional features of the software and bears the risk whether the software meets his wishes and needs. The establishment of a functional hardware and software environment for the Software that is sufficiently dimensioned, even taking into account the additional load caused by the Software, is the sole responsibility of Licensee.
3.2 The Licensee must observe the instructions provided by the Licensor for the installation and operation of the Software.
3.3 Licensor recommends that Licensee take reasonable precautions in the event that the Software does not function properly in whole or in part (e.g. by means of daily data backups, fault diagnosis, regular checking of data processing results) and to make a suitable backup of its data before installing the Software.
4) Liability for defects/exclusion of liability
4.1 If the software is defective, the provisions of statutory liability for defects shall apply.
4.2 The software was developed according to the state of the art and is designed to provide the functionalities contained in the product description. Special features are not warranted for the software.
4.3 All warranty and liability claims are generally limited to grossly negligent or intentional actions of the licenser as well as to such damages that are typically to be expected in the context of a software transfer.
4.4 The Licensor shall not be liable for damages or consequential damages of the Licensee or third parties as a result of lost data, incorrect data entries or the unavailability of the contractual Software due to a failure of the computer system, programs, lines or technical equipment, unless the Licensor violates contractual obligations intentionally or through gross negligence. In any case, liability is limited to the purchase price paid for the use of the Software.
5) Online activation of the software
The licensee is advised that an e-mail address is required for the online activation of the product. During this activation a unique identification is created. This identification does not contain any information about the computer or software of other manufacturers. The e-mail address will not be used for own advertising purposes.
Unless you check the box in the activation dialog. We use the Double-Opt-In procedure here. You have to confirm your entry explicitly in an additional e-mail you receive. A transfer to third parties is excluded.
6. Applicable law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
7.Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to call upon the court at the Customer’s place of business.