License Agreement / Usage Agreement

about licensing the software. Owners of the software are Dipl.-Ing. Frank Neumann (Berlin) and Prof. Bernd-Rüdiger Meyer (Fürstenwalde) (hereinafter referred to as owner).

I. Rights of use

1. The owners grant the customer a temporary and non-exclusive right to use the software. The delivery of the source code is not included in the scope of delivery.

2 The license entitles the customer to use the software individually within the scope of normal use. This includes the software installation and the making of a backup copy, the loading of the software into the working memory and its procedure. The license does not extend to other types of use. In particular, the customer may not make any changes, translations or further copies of the software, not even partially or temporarily, of any kind and by any means. An impermissible duplication is also the printout of the program code.

3 An additional license fee is to be paid for the use of the provided software on an additional workstation and/or computer system. Use of the software on a so-called multi-user system or in a network is only permitted on the basis of a separate agreement and only against payment of the corresponding license fee(s).

4 The owners are the owners of all industrial property rights and copyrights to the software and the associated user documentation. No references to copyrights or other industrial property rights on or in the software may be changed, removed or otherwise made unrecognisable.

5 The customer may neither rent nor lend the software. A transfer of the license to the software to a third party is only permitted after prior information of the owners and only if the third party agrees to these conditions in writing and the customer does not retain any copies of the software (including any previous versions). The customer may not reverse engineer, decompile or disassemble the software. Otherwise §§ 69d, 69e UrhG remain unaffected.

II. Warranty

The owners guarantee - in accordance with the regulations of §§ 434 ff BGB - that the software complies with the specifications listed by the owners in the associated program documentation and has been created with the necessary care and expertise. Nevertheless, according to the current state of the art, the complete exclusion of software errors is not possible. 

2. The owners will correct errors of the software which not only insignificantly impair the intended use. The owners may choose to correct the error, depending on the significance of the error, by supplying an improved software version or by providing instructions for eliminating or circumventing the effects of the error. The customer is obliged to adopt a new software version offered to him by the owners as part of the error correction, unless this leads to unreasonable adjustment and conversion problems for him.

III Liability

The owners are not liable for indirect and consequential damages (in particular loss of profit and loss of production).

2. The owners are not liable for the recovery of data, unless the owners caused their destruction through gross negligence or intentionally and the customer has ensured that this data can be reconstructed with reasonable effort from data material provided in machine-readable form.

3 The customer is aware that he must regularly back up his data within the scope of his obligation to reduce damage and in the event of a suspected software error must take all reasonable additional security measures.

IV SOFTWARE Maintenance

The maintenance of the software is subject exclusively to the provisions of a separate software maintenance contract ("service contract").