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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