End user license agreement
THIS IS A LICENSE AGREEMENT BETWEEN YOU AND SATZ-RECHEN-ZENTRUM HARTMANN+HEENEMANN GMBH & CO. KG, BERLIN, GERMANY. BY INSTALLING AND USING THIS SOFTWARE YOU AGREE
TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
If you do not agree with the terms and conditions in this agreement, please send this software and data media as well as all associated accessories to Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG or return them to the place at which you purchased this software.
This is a license agreement and not a purchase agreement.
The copy of the Software (defined below) included in this package and all other copies which this agreement grants you the right to create, remain the property of Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG. This license is included in the software ("Software") and related written documents ("Accompanying Material"). The term "Software" shall refer to all upgrades, all amended versions, updates, additions and copies of the Software licensed to you by Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG. Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG grants you a non-exclusive license for use of the Software and Accompanying Materials provided that you agree with the following conditions:
1. Use of the Software
1.1 You may install the Software on a hard drive or another storage device on any number of computers in a single location. A hardware dongle (Dongle) for each computer is required for use of the Software.
The number of licenses purchased is identical to the number of Dongles. The Software may not be used at any one time by a number of computers that is greater than the number of Dongles provided for in your license.
1.2 You may create one back-up copy of the Software provided that your back-up copy will not be installed and used on any computer.
2. Copyright
The Software is the intellectual property of Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG and its suppliers. It is protected pursuant to German and American copyright laws, international agreements and pertinent regulations in the country in which it is used. The structure, organization and code of the Software are valuable trade secrets and confidential information belonging to Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG and its suppliers. You must treat the Software the same as any other copyright-protected material. You may copy the Software and Accompanying Material only within the terms set forth in the section "Use of the Software". All copies that you may create pursuant to this agreement must contain the same copyright and other proprietary notices as on the original Software. With the exception of the
Software components that are added into the source code, you agree to neither change, modify or reverse engineer the Software. You also agree to not decompile, disassemble or in any
other way attempt to discover the source code of the Software. In addition, you agree to not manipulate, open or in any other way attempt to bypass the protective function of the Dongle. Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG will provide you, free of cost, with any information required for the purposes of establishing interoperability of the Software with other software. Please contact Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG directly for this information.
Trademarks are to be used in accordance with recognized trademark practices, including the trademark owner's name label. Trademarks may be used only to identify the results produced by the Software. This type of trademark use does not confer upon you any rights of ownership for the trademark. With the exception of the aforementioned conditions, the present agreement does not confer upon you any intellectual property rights to this Software.
3. Transfer
You may not rent, lease, sublicense or lend the Software and Accompanying Material. However, you may transfer all your end user rights for the Software and Accompanying Material to another person or legal entity
provided that you also transfer this agreement, the Software and all copies, updates and earlier versions, the Dongle, proof of purchase as well as the complete Accompanying Material to the person
or legal entity and that you do not retain any copies including any that might be saved on a computer. Additionally, the end user receiving this transfer must accept all conditions set forth in this agreement.
4. Multiple copies / Upgrades
You may create one back-up copy for every version of the Software you use pursuant to the terms set forth in this agreement. You may not rent, lease, sublicense, lend or transfer any versions or copies of the Software or Dongles that
you do not use. This also applies to Software on unused data media, unless it is as a part of a permanent transfer of the complete Software and the entire
Accompanying Material, as set forth above in section 3. If you purchase an upgrade or update of the Software, you can use either the new version or the older version. Upgrades and updates are inextricable components of the Software (see section 3)
5. Warranty / Limitations on liability
5.1 Warranty
The parties to this agreement are fully in agreement that it is not possible to develop data processing programs such that they are suitable for all conditions of use without any problems. Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG warrants that the program will perform suitably for the intended use as described in the Accompanying Material provided to you upon the acceptance of this program. Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG does not warrant that the program, including the Accompanying Materials and the hardware provided, will meet your requirements and purposes or that it will work in connection with other programs you use. You are solely responsible for the selection of and consequences arising from the use of this program, including the Accompanying Materials and the hardware as well as the results intended or obtained thereof. You must examine the program and Accompanying Material with a reasonable degree of thoroughness and report in writing any defects detected within 14 days of first setting up the program. Any hidden defects should be reported the same way immediately after their discovery. Otherwise, the program and the Accompanying Material shall be implicitly accepted without reservation. If the Software does not function substantially in accordance to the technical specifications, Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG is liable for, at their discretion, either rectifying the fault or replacing the product. If Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG is unable to provide use of the program to an extent that is specified in the agreement within a reasonable period of time, you have the right to rescind the agreement or to reduce the licensing fee. If the production of a suitable program in terms of section (1) is not possible with a reasonable effort, Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG also has the right to withdraw from the agreement. In the case of enforcing a warranty claim, you are obliged to return this program including all components (Dongle, data media, Accompanying Material) together with the proof of purchase. Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG will bear the costs of the return shipment. Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG does not accept responsibility for the Software infringing upon the trademark rights of a third party except for when the the infringement upon these rights results from negligence on the part of Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG. Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG is indemnified from the potential costs of a legal defense of trademark rights and claims for damages from third parties. All warranty claims lapse 24 months after purchase of the end user license.
5.2 Limitation of liability
Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG and its suppliers are not liable for damages (including loss of profits and other pecuniary losses) that arise from the
use or inability to use Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG products, except for when damages result from intention or gross negligence, the lack of assured characteristics, or a negligent breach of an essential contractual obligation that can be ascribed to Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG. Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG is not liable for consequential harm caused by a defect that is not included in the warranty, unless it arises from intention or gross negligence. In any case, the liability of Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG is limited to the amount you paid for the program license.
6. Applicable law and general terms
This agreement is governed by the laws of Germany (excluding the conflict of law provisions of the country). The following shall not apply to this agreement: UN Conventions on International Sale of Goods, Uniform Law on Contracts for the International Sale of Goods, Uniform Law on the International Sale of Goods and all other laws, rules or regulations from legal venues which are based upon the abovementioned conventions and laws; additionally, the application of all aforementioned conventions and laws is expressly excluded. If any provision of this agreement is held to be invalid or unenforceable, it will not affect the validity of the balance of the agreement; which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported to a country to which an export is forbidden according to the export regulations of Germany and the United States of America or other export laws, restrictions, or regulations and will not be used in any manner prohibited by the aforementioned laws. This agreement will automatically terminate upon failure by you to comply with its terms despite a grace period notification. This agreement can be modified only in writing, whereby the amendment must be signed by an authorized officer of Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG.
This is the entire agreement between you and Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG relating to the Software and the Accompanying Material and it supersedes all prior presentations, discussions, pledges, end user license agreements, notifications or advertisements with respect to the Software and Accompanying Material.
7. Note for end users in the government of the United States of America
The Software and Accompanying Material are "Commercial Items”, as that term is defined by 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable, the "Commercial Computer Software" and "Commercial Computer Software Documentation" are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Satz-Rechen-Zentrum Hartmann+Heenemann GmbH & Co. KG
Bessemerstr. 83-91
D-12103 Berlin
Germany
License Agreement for all countries aside from Germany
This version of the License Agreement is valid for all licensees in the world,
except for those software users situated in Germany.
End User License Agreement
THIS IS A LICENSE CONTRACT BETWEEN YOU AND INOTEC GMBH ORGANISATIONSSYSTEME, A COMPANY
lNCORPORATED UNDER THE LAWS OF GERMANY. BY INSTALLING AND USING THlS SOFTWARE YOU
ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you do not agree with the terms and conditions of this Agreement, return the envelope containing the computer
media, along with the rest of the package, to InoTec GmbH Organisationssysteme or the location where you obtained
it.
This is a license agreement and not an agreement for sale.
InoTec GmbH Organisationssysteme continues to own the copy of the Software (as defined below) and the physical
media contained in this package and any other copy that you are authorized to make pursuant to this Agreement. This
license accompanies software ("Software") and related explanatory written materials ("Documentation"). The term
"Software" shall also include any upgrades, modified versions, updates, additions, and copies of the Software licensed
to you by InoTec GmbH Organisationssysteme. InoTec GmbH Organisationssysteme grants to you a nonexclusive
license to use the Software and Documentation, provided that you agree to the following:
1. Use of the Software
1.1 You may install the Software in a single location on a hard disk or other storage device of up to as many
computers as you need. A hardware dongle ("Dongle") is required for the usage of the Software; a single dongle is
used for each computer. The number of dongles corresponds to the number of licenses of the Software you purchased. A
simulatneous use of the Software on more computers than the number of dongles you own is not permitted.
1.2 You may make one backup copy of the Software, provided your backup copy is not installed or used on any
computer.
2. Copyright
The Software is owned by InoTec GmbH Organisationssysteme and its suppliers, and its structure,
organization and code are valuable trade secrets of InoTec GmbH Organisationssysteme and its suppliers. The
Software is also protected by United States Copyright Law and International Treaty provisions. You must treat the
Software just as any other copyrighted material. You may not copy the Software or the Documentation, except
as set forth in the ''Use of the Software'' section. Any copies that you are permitted to make pursuant to this
Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. Except
for software parts included in source code, you agree not to modify, adapt or translate the Software except as may be expressly
permitted under the European Directive on the Legal Protection of Computer Programs (14 May 1991) ("the
Directive"). You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the
source code of the Software except as may be expressly permitted under the Directive. In addition you also agree not to reverse
engineer, manipulate or disassemble or otherwise attempt to disable the software protection mechanism of the hardware
dongle. In order to ensure interoperability of the Software with other computer software, InoTec GmbH
Organisationssysteme provides the necessary information at no charge. In case, please ask directly InoTec GmbH
Organisationssysteme.
Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark
owners name. Trademarks can only be used to identify results produced by the Software. Such use of any trademark
does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you
any intellectual property rights in the Software.
3. Transfer
You may not rent, lease, sublicense or lend the Software or Documentation. You may, however, transfer all your rights
to use the Software and Documentation to another person or legal entity provided that (i) you transfer this Agreement,
the ,,Proof of Purchase'', the Software, including all copies, updates and prior versions, the Dongle and the
Documentation to such person or entity, (ii) you retain no copies, including copies stored on a computer, and (iii) that
the receiving party agrees to be bound by the terms and conditions of this Agreement.
4. Multiple Copies / Upgrades
You may make one back-up copy, in accordance with the terms of this Agreement, for each version of the Software
you use. You may not rent, lease, sublicense, tend or transfer versions or copies of the Software or the Dongle you do
not use, or Software contained on any unused media, except as part of the permanent transfer of all Software and
Documentation as described above in section 3. If you acquire an upgrade or update for Software, you may use either
the new version or the previous versions. The upgrades or updates of the Software are an inseparable part of the
Software (see chapter 3).
5. Limited Warranty
InoTec GmbH Organisationssysteme warrants to you that the Software will perform substantially in accordance with
the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim,
you must return the Software including all appendant parts (Dongle, Documentation, media) to the location
where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does
not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be
limited to either, at InoTec GmbH Organisationssysteme's option, the replacement of the Software or the refund of the
license fee you paid for the Software.
INOTEC GMBH ORGANISATIONSSYSTEME AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE
FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR INOTEC GMBH
ORGANISATIONSSYSTEME'S OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING
LIMlTED WARRANTY, INOTEC GMBH ORGANISATIONSSYSTEME AND ITS SUPPLIERS MAKE NO
WARRANTlES, EXPRESS OR lMPLlED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, OR FITNESS FOR ANY PARTlCULAR PURPOSE.
Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied
warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties
are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights which vary from
state to state or jurisdiction to jurisdiction.
6. Limitation of Liability
IN NO EVENT WILL INOTEC GMBH ORGANISATIONSSYSTEME OR ITS SUPPLIERS BE LIABLE TO YOU FOR
ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFlTS OR LOST
SAVINGS, EVEN IF AN INOTEC GMBH ORGANISATIONSSYSTEME REPRESENTATIVE HAS BEEN ADVlSED OF
THE POSSlBlLlTY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so
the above limitations may not apply to you.
7. Governing Law and General Provisions
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable,
it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its
terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the
United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall
automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing
signed by an authorized officer of INOTEC GMBH ORGANISATIONSSYSTEME. This is the entire agreement
between InoTec GmbH Organisationssysteme and you relating to the Software and the Documen- tation and it
supersedes any prior representations, discussions, undertakings, end user license agreements, communications or
advertising relating to the Software and the Documentation.
8. Notice to United States Government End Users
The Software and Documentation are "Commercial Items" as that term is defined at
48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial
Computer Software Documentation" as such terms are used in 48 C.F.R.§12.212 or
48 C.F.R.§227.7202, as appli- cable. Consistent with 48 C.F.R.§12.212 or 48
C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the "Commercial Computer
Software" and "Commercial Computer Software Documentation" are being licensed to
U.S. Government end users (i) only as "Commercial ltems" and (ii) with only
those rights as are granted to all other end users pursuant to the terms and
conditions herein. Unpublished-rights reserved under the copyright laws of the
United States.