Software License Agreement
Version: 1 July 1997
This is a contract between you and Data Projects - Gesellschaft für
Organisationsberatung und DV-Entwicklung mbH ("DP"), a corporation registered
in Trier, Federal Republic of Germany (HRB Trier 3479).
-
Subject.
Subject of this agreement are the enclosed software programs including updates
or upgrades ("Software") and the accompanying documentation. By installing
these materials, you agree to use them exclusively by the terms and conditions
of this license. By purchasing a registered version ("Registered Software"),
you furthermore agree, that the materials sufficiently meet your requirements.
There are versions available free of charge for evaluation and non-commercial
education ("Evaluation Software").
-
Copyrights.
The Software and documentation are protected by national copyright laws and
international treaties. DP reserves all rights not specially granted in this
agreement.
Under no circumstances and by no means may copyright notes be removed or
changed.
Only for Evaluation Software, a limited license is granted to copy and distribute
the Software exclusively for the trial use of others provided that all
accompanying files will also be distributed and no fee will be requested
or accepted.
For Registered Software, you may only make archive copies for backup
purposes.
You may be held legally responsible for any copyright infringement which
is caused or encouraged by your failure to comply with any of the terms or
conditions in this agreement.
-
Use of the Software.
DP grants you the non-exclusive right to use the Software only on a single
computer at the same time. If you want to use it on more than one computer
at the same time, you have to order and pay a separate license for each
additional computer.
To "use" means to run copies of the Software loaded into your computer's
temporary memory (i.e. RAM).
In the case of Registered development Software to "use" also means to freely
distribute software applications containing DP's Software under the restriction
that it may not be used as development Software. Especially, DP's Software
components or derived components may only be distributed as linked parts
of executable files.
You agree to indemnify and hold DP harmless from and against any claims or
liabilities, including related attorney's fees, that arise or result from
the distribution and use of your applications. This provision survives
the termination of this agreement.
You must keep DP's source code and know-how from this source code confidential,
i.e. you may not distribute it in any form or for any purpose. This provision
survives the termination of this agreement.
Others who need to use development features or source code of DP's Software
have to order and pay their own license.
The Software may not be translated, modified or decompiled, disassembled
or otherwise reverse engineered.
By no means may inherent limitations of Evaluation Software be removed or
neutralized.
Under all of the restrictions in this agreement, you may use Evaluation Software
for non-commercial educational purposes, if you agree to periodically update
to the latest versions.
-
Transferring the Software.
You may not rent, lease or sublicense the Software.
You may transfer Registered Software to another person or legal entity,
if you transfer the complete original materials and inform DP about the new
user and the transferred Software.
You agree, upon transferring the Software, to stop using (q.v. "Use of the
Software") it and to destroy all provided, installed, copied and derived
materials in any form.
-
Limited Warranty.
DP warrants that Registered Software will perform substantially in accordance
with the accompanying documentation. The accompanying documentation
does not contain any express or implied assurance of specific
characteristics. This is the only warranty.
The warranty is void, if the Software is not used according to this agreement.
There is no warranty of uninterrupted, error-free, fault-tolerant or secure
operating. There is no fitness for High Risk Activities, in which the failure
of the Software could lead directly to death, personal injury, or severe
physical or environmental damage.
The period for any warranty is limited to six months from the date of receipt.
If informed about your problem during the warranty period, DP will at DP's
sole discretion either repair or replace the Software or documentation or
refund the license fee you paid for the Software.
DP will also, at your discretion, refund the license fee, if DP fails to
solve the problem.
Replacement Software will be warranted for the remainder of the original
warranty period.
Evaluation Software is provided free of charge, sometimes with inherent
limitations and at early or pre-release version states and therefore without
warranty of any kind. You may use Evaluation Software only at your own
risk.
-
LIMITATION OF LIABILITY.
DP shall be liable for damages caused by the missing of characteristics assured
by DP as well as for damages caused by DP's intent or gross negligence. Liability
for gross negligence is excluded if you are a qualified businessperson, legal
person under public law or special public fund.
DP shall not be liable for indirect damages, consequential damages or loss
of profit.
DP shall not be liable for damages caused by DP's slight negligence.
However, DP shall be liable for direct damages up to the typically foreseeable
amount of 5,000 (five thousand) Deutsche Mark when - by slight negligence
- violating DP's essential contract responsibilities.
DP shall not be liable for damages non-typical of such a Software License
Agreement, hardly foreseeable or those you could have avoided by reasonable
precautions (e.g. qualified backup procedures, fault-tolerant environment).
DP disclaims any liability for using the Software at High Risk Activities
(q.v. "Limited Warranty").
-
Termination.
This license will terminate automatically if you fail to comply with
any of the terms or conditions in this agreement.
For Evaluation Software this license will terminate automatically after an
evaluation period of 60 (sixty) days after installation.
You agree, upon termination, to stop using (q.v. "Use of the Software") the
Software and to destroy all provided, installed, copied and derived materials
in any form.
-
Governing Law, Jurisdiction and General Provisions.
This agreement will be governed exclusively by the laws of the Federal Republic
of Germany without regard to applicable international laws on the sale of
goods. If you are a qualified businessperson, legal person under public law
or special public fund, jurisdiction for all proceedings arising from this
agreement is Trier, Federal Republic of Germany.
This agreement represents the complete agreement concerning this license
and may be amended only by a writing executed by both parties.
If any provision of this agreement is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable. In
any case will the remainder remain valid and enforceable according to its
terms.
The acceptance of any purchase order placed by you is expressly made conditional
on your assent to the terms set forth herein, and not those in your purchase
order.
CONTENTS