Software License Agreement
END USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: Below you will find the contractual agreements governing the use of this imaging Software. These conditions apply to you, the user, and to EVIDENT Technology Center Europe GmbH. With any of the following actions you explicitly agree to be bound by the conditions of this contract:
BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF ANOTHER PERSON OR COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR LEGAL ENTITY TO THESE TERMS.
In case you do not agree with any of the conditions of this contract, please return all parts of the Software including manuals, the license certificate and/or the Software protection key before using and without delay. Remove all Software installations of the Software from any computer you might have installed it on. Return all electronic media of the Software or completely destroy all electronic media of the Software and send proof that this has been accomplished. For a refund, please return everything to where you purchased the Software.
1. Scope
(1) This License Agreement explicitly covers only the Software diskettes or other media you received with the purchase and the Software stored on these media, the manuals, the license certificate and/or the Software protection key, together referred to as “Software”, as far as they were developed and produced by EVIDENT Technology Center Europe GmbH.
(2) The Software may be modified or enhanced by EVIDENT Technology Center Europe GmbH or its licensors for debugging, upgrading or any other purposes. The Software shall contain such modified or enhanced version. You can only use either the previous version or the modified or enhanced version and cannot use both of the versions. You have, however, no right to receive modifications or enhancements or upgrades, unless those are provided for warranty purposes and you have a legitimate claim towards warranty.
(3) The Software may include (i) some open source software and (ii) other third party software (collectively, "Third Party Software"). Regarding the use of the Third Party Software, you shall follow the license terms and conditions applied to such Third Party Software. Any part of this Agreement does not restrict, change or alter any of your rights and obligations imposed by the license terms and conditions of the Third Party Software.
2. User rights
(1) EVIDENT Technology Center Europe GmbH permits the User, for the duration of this contract, to use the Software on a single computer and a single terminal on that computer within the Territory of installation. This license is explicitly non-exclusive, i.e., the User does not have an exclusive right to use the Software. As a licensed user you can copy the Software from one computer to another by using a computer network or other storage devices, as long as it is assured, that the Software can only be used on a single computer and terminal at any time and that the conditions set forth under 4 are observed. For the purpose of this License, the term Territory shall mean (i) for installations in a member state of the European Union: all member states of the European Union and (ii) for installations in a country outside of the European Union: the country in which the computer is located on which the Software is installed.
(2) The User has the right to produce a copy of the Software only for backup purposes.
(3) The Software is provided with a license certificate or a dongle. It is the responsibility of the owner to take care of the license certificate and/or of the dongle. In case of loss, neither the license certificate nor the dongle will be replaced by EVIDENT Technology Center Europe GmbH.
3. Transfer
You may permanently transfer all of your rights under this Agreement only if the recipient agrees to the terms and conditions of this Agreement and if you destroy and will not keep any copies of the Software in your possession.
4. Copyright
(1) EVIDENT Technology Center Europe GmbH or its subsidiaries remain owners of the copyright to the Software and its documentation. With the purchase, the User obtains ownership of the diskettes or other physical storage devices (excluding the Software and other data contained thereon), the manuals, and the license certificate and/or the Software protection key. Furthermore, a right to use the Software as defined in Sec. 2 will be granted.
(2) EVIDENT Technology Center Europe GmbH reserves the right to all publications, duplication, editing, and marketing of the Software and the Software documentation.
Without prior written permission the User may not:
- change, translate, de-compile or de-assemble the Software,
- copy any of the written or printed documentation of the Software,
- rent, lease, or license the Software to a third party,
- use the Software protection different than described in this contract.
(3) EVIDENT Technology Center Europe GmbH is the legal owner of all copyrights and trademarks of the Software and documentation. Copyrights and trademarks are protected by national and international law. EVIDENT Technology Center Europe GmbH reserves all rights, which are not explicitly expressed in written form.
5. Warranty
(1) EVIDENT Technology Center Europe GmbH warrants that the Software delivered under this Agreement for the period of 12 months of the date of purchase works in all major aspects according to the descriptions in the specification. EVIDENT Technology Center Europe GmbH shall not be liable for the Software being suitable for a particular purpose unless otherwise agreed upon to which you intend to put it.
(2) This warranty does not cover defects in the Software which are due to improper installation or changes to the program which you have undertaken.
(3) EVIDENT Technology Center Europe GmbH does not warrant, that the Software is defect free, that the Software fulfills the specific requirements of the User, or that the Software works with other Software provided by the User.
(4) Where any claim in respect to the Software which is based on any defect in the quality or condition of the Software to meet the specification is notified to EVIDENT Technology Center Europe GmbH in accordance with these conditions, EVIDENT Technology Center Europe GmbH shall be entitled at its own discretion to either replace the Software free of charge or repair the Software. Should EVIDENT Technology Center Europe GmbH fail to repair the Software within a reasonable time frame more than three times, the customer is entitled to resign from this contract.
(5) The warranty is provided by EVIDENT Technology Center Europe GmbH under the condition that the total price for the Software has been paid by the due date.
(6) You are obligated to establish sufficient precautions for the case of Software malfunctions (for example by regular data storage, frequent backups, verification of results, emergency planning). It is your responsibility to provide a suitable system environment.
6. Liability
(1) EVIDENT Technology Center Europe GmbH shall be liable to pay damages - regardless of their legal basis - only in case of intent or gross negligence. In any case of simple negligence, EVIDENT Technology Center Europe GmbH shall be liable only for damage based on the breach of a material contractual duty (obligation which makes the proper implementation of the contract possible in the first place and the observance of which the customer may regularly rely on); in this case the liability is however limited to the foreseeable, typically occurring damages.
(2) If the customer suffers a loss of data due to simple negligence on part of EVIDENT Technology Center Europe GmbH and the recovery of the data is not possible or is significantly impeded due to the customer's lack of or inadequate data backup, EVIDENT Technology Center Europe GmbH ' liability shall be limited in amount to the damage that would have occurred even with proper data backup.
(3) The foregoing exclusions and limitations of liability shall apply to the same extent in favour of EVIDENT executive bodies, legal representatives, employees and other vicarious agents.
(4) No further liability shall accrue to EVIDENT Technology Center Europe GmbH. EVIDENT Technology Center Europe GmbH shall especially not be liable for initial defects in the licensed Software, unless the prerequisites according to clauses (1) to (3) of this clause 6 are fulfilled. The limitations stipulated in this clause 6 shall not apply in case EVIDENT Technology Center Europe GmbH has fraudulently concealed a defect or has assumed a guarantee for the properties of the Software. The same applies to damages resulting from injury to life, body and health as well as a liability under the German Product Liability Act.
7. Contract duration, legal consequences of violating the license
(1) The contract is deemed to be in force for an unspecified period. The User rights are automatically terminated if one of the conditions of the contracts has been violated.
(2) In case of a contract violation the User has to return the original storage devices and all copies thereof including all modified copies, all printed and written documentation, as well as the license certificate and/or the Software protection key to EVIDENT Technology Center Europe GmbH, or the User has to destroy these items.
(3) In addition EVIDENT Technology Center Europe GmbH reserves the right to file a lawsuit to claim reparations for damages, non-compliance, or removal of the Software in case of license violations. The following laws and/or conditions are in effect: the conditions of this contract, copyright laws, and the laws of the German civil code (BGB).
8. Applicable Law, Place of Performance and Jurisdiction
This Agreement shall be governed by German law. The Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Place of Performance and Jurisdiction shall be at Münster, Germany.
9. Severability
In the event a provision of this Agreement is or becomes invalid or should this Agreement be incomplete, the validity of the remaining provisions shall not be affected thereby. The invalid or incomplete provision shall be substituted or supplemented, respectively, by an appropriate one reflecting - to the extent legally permissible - as closely as possible what the parties hereto had originally intended or would have intended according to the sense and purpose of this Agreement, if the specific issue had been taken into consideration by them.