Software
licence contract.
With the start of the program
you declare yourself, as licensee, to be in agreement with the
following contract terms. Therefore, please read the following text
completely and accurately. If you do not agree with these terms and
conditions, delete the program and, in writing and in due time, declare
your withdrawal from the purchase contract.
1. Subject of the
contract.
Subject of the contract are
the reistered computer program, the programm description and operating
manual as well as other associated written material. They are
designated below as "Software". We wish to point out that, according to
the current status of technology, it is not possible so to produce
Software, that it functions in all applications and combinations
without error. Therefore the subject of this contract is only a
Software, which is fundamentally usable within the sense of the
programme description and the user manual.
2. Scope of use.
So far as nothing else is
agreed in writing we guarantee to you, for the duration of the
contract, the use of one copy of the Software on a single computer and
only at one location. As licensee you may transfer the Software in
physical form (i.e. saved on a data carrier) from one computer to
another computer, on condition that at any one time it is used on one
computer only.
3. Special
restrictions.
The licensee is prohibited,
without previous written assent from AHSoft,
to transfer to a third party or in any way make available to a third
party the Software or the associated written material. With the
acquisition of the product you receive only ownership of the physical
data carrier on which the Software is recorded. An acquisition of the
rights to the Software itself is not connected with this. The Software
and the associated written material are protected by copyright. The
production or reserve copies is allowed for security purposes only. The
right to the use of the Software can only be transferred to a third
part with the previous written assent from AHSoft
and only under the conditions of this contract. The giving away,
renting and leasing of the Software and the written accompanying
material are strictly forbidden.
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4. Duration of the
Contract, Breach of Contract .
The contract runs without end
date. The right of the licensee to the use of the Software expires
automatically if he contravenes the terms and conditions of this
contract. We wish to point out that you are liable for all damages due
to violation of copyright which arise from a contravention of the
contractual conditions by you.
5 Warranty and
liability.
We guarantee to the licensee
that the data carrier on which the Software is recorded and the
documentation delivered with the Software is error-free under normal
conditions and in its material design. Should the data carrier or the
accompanying documentation be faulty, the purchaser can demand a
replacement delivery within the legal warranty period. For this the
affected data carrier and/or the affected documentation is to be
returned with a detailed description of the fault. If the error is not
corrected within a reasonable period of time, then the purchaser can
demand, according to his choice, reduction of the purchase price or
cancellation of the contract.
For the above reasons (see 1.)
AHSoft accepts no
warranty, that the Software satisfies the requirements and purposes of
the purchaser or functions with other programmes selected by him. The
responsibility for the correct selection and the results of using the
Software as well as the thereby intended or achieved results is carried
by the purchaser. The same applies for the written material
accompanying the Software. If the Software is not fundamentally usable
within the meaning of 1., then the purchaser has the right to cancel
the contract. AHSoft has the
same right if the production of usable Software, within the sense of 1.
using reasonable expense is not possible.
AHSoft is not liable for damages unless damage is
caused by design or gross negligence on the part of AHSoft.
Liability for gross negligence is also excluded for sales persons.
Liability for damages resulting from defects, which have not been
guaranteed is excluded.
6. Final clauses.
The laws of the Federal
Republic of Germany are applied for this contract. Should individual
clauses of this contract be inapplicable then the validity of other
parts are not affected by this. The parties bind themselves to replace
ineffective or invalid conditions by effective ones, which correspond
with the original content of the relevant condition.
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