Licence agreement for simplitec products (EULA)
1. Contract purpose
simplitec grants you (the customer) a non-exclusive licence for the concerning simplitec product for the contractual period of the agreement. You are granted the right to use the purchased software on a computer (with one CPU or on a multi-processor computer) or in a network under the condition that access is provided on only one network computer. If several network computers have access to the server, then a separate licence is needed for each network computer (workstation). simplitec retains ownership, copyright and other proprietary rights related to the software. You (the customer) acknowledge the licensor's ownership as well as all proprietary rights to the software, backup copies, and documentation. The buyer of the program is solely responsible for the proper contractual use of the licensed programs.
The following applies concerning upgrades: Upgrades are more current or supplementary versions of a simplitec product (basic product). Only owners of the basic product are authorised to receive each upgrade. Use of an upgrade depends on you being the owner and user of the basic product. An isolated distribution of an upgrade to third parties is not permitted.
Together with the software you will receive an individual serial number which you must enter during installation. An online activation modified for your CPU, i.e. your desktop, is also required. With the serial number you can activate the software up to three times should this be necessary due to replacement of the hardware/CPU. After this, simplitec will make new activation codes available for your new CPU/hardware upon request. In this case it is a prerequisite that the software is removed from your old hardware/CPU.
3. Licence verification for software subscriptions
The validity of your software subscription is checked every 30 days to ensure that you use the legally acquired original software under the licence terms and conditions. This requires an Internet connection. Should you not be online for 30 days, you will receive a corresponding message in the software prompting you to connect to the Internet.
4. Prohibition to copy and rent/other commercial use
You are prohibited from copying the licensed program and the written documentation either partially or in its entirety. Creation of a software copy for backup purposes is excluded from this provision. The licensed program as well as the written documentation cannot be commercially rented out or commercially lent in any other form to a third party in exchange for payment. This also applies to lending of the software in a pre-installed form on a computer that is commercially offered to third parties in exchange for payment.
5. Transfer and subsidiary agreements
The transfer of rights and obligations under this licence contract to third parties is only permitted on authorisation from simplitec with the exception of personal transfer of the legally acquired simplitec product by the rightful owner. In the case of the ownership of the rightfully acquired simplitec product being transferred in this fashion, the original owner is obliged to destroy all backup copies and to delete the installation. Keep in mind the general limitation to three activations as described in clause 2. during the transfer. If you require further activations, please contact simplitec. No verbal or written statements made by simplitec or any simplitec employee may alter or bring into question the validity of this licence agreement.
6. Amendment prohibition
In accordance with §§ 69 d, e UrhG (Copyright Act), you may not make any changes to the licensed software, personally or via third parties. You may not disassemble the software into its components, nor modify the object code, decompile, copy or use it in any way other than that foreseen in the contract.
7. Compensation for damages
simplitec is entitled to proprietary and copyright protection for the licensed software. Anyone responsible for any violations against such rights may be sued by simplitec.
8. Guarantee and liability
a) You are aware that state of the art software programs and associated documentation may contain errors, and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all customer requirements, or error-free in conjunction with all third-party programs and hardware. simplitec provides no assurances of particular features and usability related to planned customer-specific applications.
b) If the programs and services of simplitec are offered to the customer free of charge, the guarantee against deficiency in material and defects in title is limited to fraudulent concealment of defects by simplitec in consideration of free licensing of the product.
Otherwise, liability of simplitec is limited to instances of premeditation and gross negligence in consideration of the free licensing.
c) In the case of services provided in return for payment, simplitec is liable for financial losses incurred from contractual and non-contractual claims including the incurrence of debt during contractual proceedings (on any legal grounds) solely to the following extent:
- Contractual and non-contractual obligation to compensate for damages on the part of simplitec and its agents is given only in cases of violation of cardinal duties, where the customer is particularly entitled to expect fulfillment. Exclusion of liability does not apply to cases of bodily harm, intent and gross negligence.
- simplitec's liability does not extend to contract-untypical and other unpredictable damages. Liability for impairment/loss of saved data, lost profits and direct and indirect consequential damage is expressly excluded, unless it can be proven that simplitec acted with intent or gross negligence. You accept that regular and conscientious production of backup copies is required to avoid damages and the loss of personal data. simplitec shall only be liable for damages resulting from loss of data which would also have occurred in the presence of corresponding backup copies.
- In any event, simplitec's liability is limited to four times the amount paid for the licence fee by the customer. This exclusion does not apply to damage caused through intent or gross negligence on the part of simplitec. The Product Liability Law (ProdHaftG) applies as usual.
Deficiencies must be reported immediately on recognition and at the latest within 30 days. If within this period the customer establishes deviations between the program and the program description, he/she is entitled to demand appropriate corrective action. The deficiency must be redressed within a reasonable period, which may also be effected – at the discretion of simplitec – through an appropriate replacement of the product or program version with a comparable performance scope. If such redress (incl. replacement) is not possible within a reasonable period or if the redress action fails, the customer is then entitled to contract cancellation, conditional upon destruction of all copies made, or a reduction in price as appropriate.
d) In relation to functions that operate via an Online Server, simplitec guarantees average server availability of 98% a year. This excludes intervals during which the server cannot be accessed via the Internet due to technical or other problems which cannot be influenced by simplitec (force majeure, third-party responsibility, etc). simplitec cannot vouch that conditions external to the software shall be available permanently at all times. simplitec will nevertheless strive to provide this connection within the scope of reason and the contractual period. simplitec may temporarily restrict or suspend this service if deemed necessary for public safety, security of network operations, maintaining network integrity, interoperability of the services, data privacy, combating spam or computer viruses, or to perform operationally necessary or technical work. The aforementioned limitations are exempt when calculating the stated service availability.
9. Licence conditions of other manufacturers
If the licensed product contains additional software, or should additional software be integrated, then compliance with the use and licence conditions of the manufacturer of said delivered additional software is also compulsory. If the licensed product contains additional software, you can view the appropriate use and licensing terms in the corresponding file.
Registered users receive electronic Internet support during the warranty period. The free support encompasses clarification of installation questions and installation problems by Internet or email.
11. Validity of contractual conditions
Should one or more of the conditions in this contract be or become invalid, this will not affect the validity of the remaining contract. A substitute provision will replace the invalid condition, such as comes closest to the intended purpose. The contract is subject to the law of the Federal Republic of Germany.