The subject of the license is the transfer of a right of use to the e-mail client software named “GcMail (Mail)” together with the documentation (hereinafter referred to as “Software”).
These license terms apply to updates of the software (upgrades and/or updates)
The rights of use are made available to the user (hereinafter referred to as “Licensee”) by Mrs. Monika Verse (hereinafter referred to as “Licensor”).
2 Scope of use
a) The scope of the right of use is determined exclusively by the content of this license agreement.
b) Accordingly, upon payment of the agreed license fee, the Licensee shall receive a simple right to use the software in the form of using the contractual software and documentation as intended – i. e. as e-mail client software. Further rights are not transferred.
c) For a free 30-day trial version, the Licensee shall be granted a limited license to use the Software as an e-mail client program for testing purposes for a period of 30 days. In this case, the right of use ends 30 days after the initial installation of the contractual object.
d) Rights of use and/or exploitation which go beyond the intended use of the subject matter of the license shall not be transferred. It is prohibited to modify, edit, translate, decompile or disassemble the software in any way whatsoever, to include it in another product, to rent or to lease it out.
e)With payment of the agreed license fee for a single-user working version, the Licensee shall be entitled to use the license object on a computer workstation. Use on several computer workstations is expressly prohibited.
f) Upon payment of the agreed license fee for an additional workstation version, the Licensee shall be entitled to use the subject matter of the license for the agreed number of computer workstations. This software usage license applies to one location only.
g) The software must be used in the operating system environment approved by the licensor with the specified system requirements.
h) Use of the software covered by the contract shall be deemed to exist if the binary code of the software is located in the main memory or on a storage medium of a computer. However, there is no use if the software covered by the contract is only stored on a storage medium for backup purposes.
3. online activation (from GcMail version 6)
a) The licensee is informed that an online activation of the product is required.
During this activation a unique identification is created. This does not contain any personal data or other information about the computer or software of other manufacturers.
4. warranty/exclusion of liability
a) A warranty is only granted for the products in accordance with § 6.1 of the German Stock Corporation Act. 2 a) licensed software. For a free of charge for test purposes according to. 2 b) Licensed use of the Licensed Material is not covered by the Licensor’s warranty.
b) The software has been developed according to the state of the art and is aimed at providing the functionalities contained in the product description. Special features are not guaranteed for the software.
c) The Licensor does not warrant or assume any liability for any defects or damages if the Licensee modifies the Software or uses it contrary to the system requirements/system conditions stipulated by the Licensor.
d) All warranty and liability claims are generally limited to grossly negligent or intentional actions of the licensor as well as to such damages which are typically to be expected within the scope of a software license.
e) 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 intentionally or grossly negligently violates contractual obligations. In order to reduce the damage, the licensee is obliged to carry out regular data backups.
f) If a defect claimed by the Licensee cannot be remedied within a reasonable period of time or if the repair or replacement delivery is to be regarded as failed for other reasons, the Licensee may, at his option, demand a reduction of the remuneration (reduction) or withdraw from the contract. A failure of the remedy shall only be assumed if the Licensor has been granted sufficient opportunity to remedy the defect or make a replacement delivery without achieving the desired success, if the remedy or replacement delivery is possible, if it is refused by the Licensor or is unreasonably delayed, if there are reasonable doubts about the prospects of success or if there is an unreasonableness for other reasons.
5. final provisions
The laws of the Federal Republic of Germany shall apply.
The place of jurisdiction for merchants, legal entities under public law is Germany, Gelsenkirchen.
The invalidity of individual provisions of these General Terms and Conditions of Business or the purchase contract shall not affect the validity of the remaining provisions; the invalid provision shall be replaced by a statutory provision.