License Agreement of the software product
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1 Contracting party1.1 This AGREEMENT on the basis to the granting and component of a LICENSE. This AGREEMENT is a contract between you as a licensee either an individual or a single entity and MM3Tools Muenzenberger GbR (in the following named as MM3Tools) natural or legal person for the above mentioned software products (in the following called as SOFTWARE PRODUCT).
2 Copyright2.1 The SOFTWARE PRODUCT is owned by MM3Tools or MM3Tools has rights to take this agreement. The SOFTWARE PRODUCT is copyrighted and licensed, not sold. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT includes all necessary media and documents, like the computer software, display masks, documentation and images, all updates as well as the LICENSE.
2.2 By the fact that you download from the internet or load another medium, copy, install or otherwise use the SOFTWARE PRODUCT, you must sign to this AGREEMENT. If you don't agree to this AGREEMENT you aren't authorized to use the software product further and you are obliged immediately to delete the SOFTWARE PRODUCT and all copies of this.
3 License to Use3.1 MM3Tools grants you a non-exclusive LICENSE to use of the SOFTWARE PRODUCT. The product description is integrated into the software product. This informs you about the use and the composition. The description is allowed to print by you. This AGREEMENT is valid if the product description contradicts the AGREEMENT.
3.2 The LICENSE for private use of this SOFTWARE PRODUCT according to this AGREEMENT is granted without payment of a license fee.
4 Support Services4.1 MM3Tools assure you a further development, this one orientates itself at the wishes of the customers and at possibilities of MM3Tools.
4.2 A Single- or Multi-LICENSE authorizes to download all published updates of licensed SOFTWARE PRODUCT up to the end of update-authorization date (see registry data) and replacing the licensed version of the software product through the update. With an update a customization of this AGREEMENT should be made.
4.3 The number of the permitted copies of the SOFTWARE PRODUCT and the number of installations doesn't change through this.
4.4 Every update or other supplements is regarded as component of the SOFTWARE PRODUCT and is subject to this AGREEMENT to the LICENSE.
4.5 MM3Tools is authorized to use the technical information ascertained in the context of the support service for the business purposes only anonymously. The technical information is restricted in the direct cohesion with the software product, like the used operation system or virtual machine.
4.6 MM3Tools does its best to assist an individual support service by e-mail.
5 Restrictions5.1 The SOFTWARE PRODUCT is not designed or licensed for use in systems with high risk. Such as:
- in nuclear technological facilities,
- in systems of land transportation vehicles, water-crafts or air-crafts,
- in systems in the medical or diagnostic area,
- in systems to production or process control,
- or in systems which communicate with these systems.
MM3Tools specifically disclaim any express or implied warranty of fitness for High Risk Activities.
5.2 The use of the software product presupposes a regularly operating in the network and computer on which the Software Product is installed.
5.3 You aren't authorized to use the software product in any other way than described in this AGREEMENT. This includes all possibilities like coping, changing or distribution of the SOFTWARE PRODUCT.
5.4 You are particularly not authorized:
5.4.1 You may not reverse assemble, reverse compile, or otherwise translate the SOFTWARE PRODUCT, except that such activity is expressedly permitted by applicable law notwithstanding this limitation. The activities are then restricted to the activities permitted by law particularly.
5.4.2 You may not assign sub-licenses, rent or lease the SOFTWARE PRODUCT.
5.4.3 Amending the SOFTWARE PRODUCT or the LICENSE.
5.5 The number of the copies of the SOFTWARE PRODUCT mustn't exceed the possible installations indicated in the LICENSE. You may make an additional copy of the SOFTWARE PRODUCT only for backup or archival purposes. For all other additional copies or installations a license fee has to be paid.
5.6 The registration datas are exclusively confidential information for you. The registration data will transfer encoded to you.
6 Limited Warrenty6.1 Generally, software doesn't fault-free manufacture according the state of the technology. This is also valid for the SOFTWARE PRODUCT.
Furthermore MM3Tools hasn't any influence on the very various homepages of third parties and on the used internet servers, on the different browsers and operation-systems as well as on the development of the internet and compiler technology. The SOFTWARE PRODUCT offers solutions for this complex scenario. There is an increased risk as compared with software products which aren't produced for the use in such complex scenario with regard to any kind of faults.
6.2 Deviations from product description are possible and are justified by the complexity. These don't represent any defects.
6.3 SOFTWARE PRODUCT is licensed in the state "as is".
6.4 No warranty is granted for the SOFTWARE PRODUCT.
Because some laws do not allow the exclusion or limitation of implied warranties, so the above exclusion may not apply to you. In that event such warranties are limited in duration to the warranty period. No warranties apply after that period.
7 Limitation of Liability7.1 If it is a free license, a liability is excluded. With the exception of a legally indispensable liability.
7.2 MM3Tools is liable after the legal determinations provided that the licensee asserts property claim which are based on firm intention or bad negligence.
The liability is limited on the foreseeable, typically occurring damage, if MM3Tools isn't accused of any deliberate contravention of the agreement.
7.3 MM3Tools is liable after the legal regulations. If MM3Tools neglect culpably an essential contractual duty, the liability is limited on the foreseeable, typically occurring damage.
7.4 Otherwise the compensation liability is excluded. MM3Tools particularly isn't liable for resultant damages or indirect damages.
7.5 The amount of the license fee is generally accepted as foreseeable damage. This applies to every claim in the single and all claims from a LICENSE.
8 Transfer of Rights and Obligations8.1 You may transfer all your LICENSE rights and obligations to a third party. This transfer must include the SOFTWARE PRODUCT (including all parts) and the LICENSE (AGREEMENT and register data). The third party must agree to comply with the terms and condition of the LICENSE. This one-time permanent transfer terminates your authorization to use the SOFTWARE PRODUCT and the LICENSE. You must destroy all (backup) copies of the SOFTWARE PRODUCT and the LICENSE.
8.2 The free of cost changes of the registration data is possible two times up to the update authorization date.
9 Termination9.1 MM3Tools may terminate your LICENSE immediately, if you violate the conditions in this AGREEMENT. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. All other rights reserved.
9.2 MM3Tools may terminate your LICENSE immediately should any Licensed Software become, or in MM3Tools opinion be likely to become, the subject of a claim of infringement of a patent, trade secret or copyright.
10 Term and Conditions10.1 The order of a Single- or Multi-LICENSE cannot be withdrawn after the delivery. Therefore request for a free evaluation LICENSE at first. This is functionally equivalent, limited however from the point of view of time (Shareware principle).
10.2 All accounted prices are gross prices. This include the legal value added tax in the area of European Union, if your residence or headquarter is in a Member State of the European Community (EC).
10.3 We need your regular name and address for the payment transaction. The use of the SOFTWARE PRODUCT with a pseudonym is also possible.
10.4 In the European Community, there are no customs duties. However, LICENSE destined for delivery outside of the European Community may be subject to customs taxes or duties. The client must pay any eventual supplementary costs.
11 Existing Law, Place of Jurisdiction11.1 Exclusively German law is valid. Place of jurisdiction is Mainz, Germany. If this agreement is possible.
11.2 If deviations exist between the German and the English version of this agreement, then the German version is valid.
12 Other12.1 Only these conditions apply to the SOFTWARE PRODUCT. Other conditions don't become contract contents even if these weren't contradicted particularly.
12.2 No determination in this agreement concerns consumer protection laws which are agreed legally.
12.3 All rights not expressly granted by MM3Tools in this Agreement are entirely and exclusively reserved to MM3Tools.
12.4 A computer is any electronic device, which makes it possible to use the software product.
12.5 If single terms should be ineffective or impracticable for this agreement, this doesn't consider the effectiveness of the other terms.