EULA – End-User-License-Agreement of the
ESplan GmbH – LICENSE AGREEMENT ESplan GmbH, represented by licensor and author H-J. Bannert, hereafter introduces the terms and conditions for the use of ESplan GmbH – Software by you, the user (hereinafter called the licensee). By accepting the license terms (adhering to “Agree”) before the installation, you agree to these terms and conditions. Therefore please read the following text completely and accurately. If you do not agree to these terms and conditions, cancel the installation.
§1. Object of the Contract The object of the contract is the computer program recorded on the data medium, the program description and operating instructions, as well as other related written material. They are also referred to in the following as “software”. We point out that it is not possible, according to the state of the art, to create computer software in such a way that it works flawlessly in all applications and combinations. The object of the contract is therefore only a software which is basically usable in the sense of the program description and the user guidance.
§1. a The software is secured with a dongle (hardware protection).
§2. Scope of use For the duration of this contract, we grant you the simple, non – exclusive and personal right the enclosed copy of the ESplan GmbH software (also referred to as “license” hereinafter) on a single computer (ie with only one CPU unit) If you are a licensee, you may transfer the software in physical form (ie stored on a data medium) from one computer to another computer , Provided that it is at any time used on a single computer at a time, and no further use is permitted.
§3. Specific Restriction The licensee is prohibited from: a) transferring the software or the associated written material to a third party without the prior written consent of ESplan GmbH, or otherwise making it accessible to a third party; b) the software from a computer via network or a data transmission channel to another computer (C) modify, translate, reverse engineer, decompile or disassemble the Software without prior written consent from ESplan GmbH; (d) make derivative works derived from the Software or reproduce the written material; (e) translate it Or alter or create works derived from the written material.
§4. Ownership of rights By purchasing the product, you only acquire ownership of the physical medium on which the software is recorded. An acquisition of rights to the software itself is not associated with this. In particular, ESplan GmbH reserves all rights to publish, process and exploit the software.
§5. Duplication The software and the accompanying written material are protected by copyright. It is expressly forbidden to copy or otherwise duplicate the software as well as the written material in whole or in part in original or modified form or in other software combined with other software or included in another software.
§6. Transfer of the right to use The right to use the software can only be transferred to a third party with the prior written consent of ESplan GmbH and only under the terms of this contract. Offering, renting or renting the software is expressly forbidden.
§7. Duration of the Contract The contract runs indefinitely. The licensee ‘s right to use the software automatically expires without notice if a) it violates a condition of this contract. (B) the licensee, e.g. No longer exists due to the closure or extinction of the company. Upon termination of the right to use, he is obligated to destroy the original DVD, like all backup copies of the software including any modified copies, as well as the written material.
§8. Compensation for breach of contract. ESplan GmbH draws attention to the fact that you are liable for all damages resulting from copyright infringements which ESplan GmbH will incur as a result of a breach of these contractual provisions by you.
§9. Changes and Updates ESplan GmbH is entitled to make updates of the software at its own discretion. ESplan GmbH is not obliged to make updates of the program available to licensees who have not signed this contract to ESplan GmbH.
§10 Warranty and liability of ESplan GmbH a) ESplan GmbH warrants against the original licensee that at the time of delivery, the data carrier on which the software is recorded is error-free under normal operating conditions and during normal maintenance. B) If the data carrier is faulty, the purchaser may demand replacement delivery during the warranty period of 6 months from delivery. He must return the DVD and a copy of the invoice to ESplan GmbH or to the dealer from whom the product was purchased. C) For the reasons mentioned above under 1. ESplan GmbH accepts no liability for the error-freeness of the software. In particular, ESplan GmbH does not assume any guarantee that the software meets the requirements and purposes of the acquirer or co-operates with other programs selected by him. The purchaser bears the responsibility for the correct selection and the consequences of the software and the results intended or achieved with it. The same applies to the written material accompanying the software. D) ESplan GmbH is not liable for damages, unless a damage was caused by intention or gross negligence on the part of ESplan GmbH. The liability for gross negligence is also excluded for merchants. Liability for any properties assured by ESplan GmbH shall remain unaffected. Liability for defect consequential damage, which is not covered by the guarantee, is excluded.
§11. General Only German law applies. The court of jurisdiction is Langenfeld.