LICENSING REQUIREMENTS

License terms at a glance

1. Subject of the licence

The subject of the licence is the transfer of a right of use to the software together with documentation.

These license terms apply mutatis mutandis to software updates (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

a) The scope of the right of use shall be governed exclusively by the content of this License Agreement.

b) According to this, with the payment of the agreed license fee, the licensee receives a simple right of use to the software in the form of using the software subject to the contract together with the documentation as intended. Further rights shall not be transferred.

c) For a free 30-day trial version the licensee receives a limited right of use for a period of 30 days with the content to use this software for test purposes. In this case, the right of use ends 30 days after the initial installation of the subject matter of the contract.

d) Rights of use and/or exploitation which go beyond the intended use of the licensed object shall not be transferred. It is prohibited to modify, edit, translate, decompile or disassemble the software in any way, to include it in another product, to rent it out or to lease it out.

e) Upon payment of the agreed license fee for a single workstation version, the Licensee is entitled to use the licensed object on a computer workstation. Use on several computer workstations is expressly not permitted.

f) Upon payment of the agreed license fee for a multi-user version, the Licensee is entitled to use the Licensed Material for the agreed number of computer workstations. This software usage license refers to one location only.

g) The Software must be used in the operating system environment released by the Licensor with the specified system requirements.

h) A use of the contractual software is present, if the binary code of the software is in the main memory or on a storage medium of a computer. However, there is no use if the contractual software is only on a storage medium for backup purposes.

3. Online activation of our product
a) The licensee is informed that an e-mail address is required for the online activation of the product. During this activation a unique identification is created. This does not contain any information about the used computer or software of other manufacturers. The e-mail address is not used for own advertising purposes.
Unless you check the box in the activation dialog. Here we use the Double-Opt-In procedure. You have to confirm your entry expliziet in an additional e-mail you receive. A passing on to third parties is excluded.

4. Warranty/exclusion of liability
a) A warranty is only assumed for the software licensed according to § 2 a). The Licensor does not assume any warranty for the free use of the licensed object for test purposes in accordance with § 2 b).

b) The software was developed according to the state of the art and is intended to provide the functionalities contained in the product description. Special features are not guaranteed for the software.

c) The Licensor does not assume any warranty or liability for any defects or damage if the Licensee modifies the Software or uses it contrary to the system requirements/system conditions specified by the Licensor.

d) All warranty and liability claims are generally limited to gross negligence or wilful misconduct on the part of the Licensor as well as to such damages that can typically be expected to occur within the scope of a software transfer.

e) The Licensor assumes no liability 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, the programs, the lines or the technical equipment, unless the Licensor intentionally or grossly negligently violates contractual obligations. In order to minimise damage, the licensee is obliged to regularly carry out a data backup. In any case, liability is limited to the purchase price paid for the use of the software.

f) If a defect complained of by the Licensee cannot be remedied within a reasonable period of time or if the repair or replacement delivery can be regarded as having failed for other reasons, the Licensee may, at his discretion, demand a reduction in the remuneration (reduction) or withdraw from the contract. The remedy shall not be deemed to have failed until the Licensor has been given sufficient opportunity to remedy the defect or to deliver a replacement without the desired success having been achieved, if the remedy or replacement is possible, if the Licensor refuses or unreasonably delays the remedy or replacement, if there are reasonable doubts as to the prospects of success, or if the remedy is unreasonable for other reasons.

6. Final provisions

The law of the Federal Republic of Germany shall apply.
The place of jurisdiction for merchants and legal entities under public law is Germany, Gelsenkirchen.
The invalidity of individual provisions of these General Terms and Conditions or the purchase contract shall not affect the validity of the remaining provisions; the invalid provision shall be replaced by the statutory provision.

 

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