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Software License Agreement
between
the company i.t.i.p. (intelligent tools for intelligent
publishing) GmbH, Steinhoferstr. 29, D-72622Nrtingen,
as Licensor
and youas Licensee
1 Subject of the contract
1. The Licensor grants the Licensee the non-exclusive
(non-transferable) and perpetual Licenseto use the software
"InMath" in this version (hereafter Software) either delivered on
any datamedium or rather delivered electronically (e.g. as e-mail
attachment) or downloaded by theLicensee from the website
www.itip-gmbh.eu in machine-readable form (object code) as wellas
the included material. The included material consists of the
attached manual in PDF format.
2. No further acquisition of rights to the Software is tied to
this right of use. All rights to distribute,exhibit, show, perform
and copy the Software are reserved to the Licensor. This includes
therights to edit and copy the Software, unless any further
explicit agreement on these rights isconcluded on.
2 Extent of use
1. The License entitles the Licensee to install and run the
Software on one workstation (singleworkstation application) at one
location. The Software must not be used via remote datatransmission
or over a network.
2. To save, store or use the Software on more than one
workstation at a time is prohibited. If theLicensee wants to use
the Software on more than one workstation, an appropriate number
ofprogram packages have to be purchased.
3. The aforementioned License (1/1.) is restricted to the object
code of the Software. TheLicensor is not obligated to make the
source code of the Software available to the Licensee.The Licensee
is prohibited to reverse engineer, reassemble, alter, merge or
modify the objectcode of the Software in any way. The Licensee is
authorised to decompile the object codeonly if this is necessary to
achieve compatibility with other programs, the required
information
to do so has not been made available to Licensee yet and the
decompiling is restricted to theparts of the original program.
4. Any copying of the Software or the included material,
especially the copying toelectromagnetic, optoelectronic or any
other data carrier is prohibited. This does not includethe one-time
installation of the Software to the hard-disc and the downloading
or printing ofdata that results from the working application.
Further excluded from this copy-prohibition is asingle backup-copy,
in so far as this is necessary to ensure a future usage of the
Softwareaccording to this license.
5. The Licensee may not sell, rent, lease or sublicense the
Software or the included material.
3 InstallationThe Licensee commits himself, in so far as his
stored data is affected by the installation of theSoftware, to save
this data before the installation of the Software, during the
installation phase and ona regular basis (at least once a day)
adequately and completely.
http://www.itip-gmbh.eu/http://www.itip-gmbh.eu/
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4 Warranty
1. The Licensor grants warranty according to statutory
provisions, unless further or differentagreements have been are
reached.
2. Upon receipt the Licensee has to test the Software
immediately for conformity with the
contract, correctness and completeness and to immediately give
notice to the Licensor if anydefects or deviations of the Software
should become apparent. If the Licensee does not giveimmediate
notice, the Software is considered approved, unless the defect or
deviation was notdetectable during that test. If such a defect or
deviation becomes apparent at a later date, theLicensee has to
immediately give notice to the Licensor upon detection, otherwise
theSoftware is considered approved in spite of the defect or
deviation. Once the Software isapproved, the Licensee loses all
right of recourse according to 437 et sqq., 478 GermanCivil
Code.
3. The Licensor can refuse the manner of rectification of
defects chosen by the Licensee,irrespective of 275 para. 2 and 3
German Civil Code, if this would cause the Licensordisproportional
costs. In such a case the Licensees claim for rectification of
defects is limitedto the other another rectification of defects;
the Licensors right to refuse this manner too, if itwould cause
disproportional costs, is unaffected.
4. Insignificant defects do not entitle the Licensee to withdraw
from the contract.5. If the Licensor finds that a defect claimed by
the Licensee does not de facto exist, or that the
Software was modified by the Licensee in a way unapproved of by
the Licensor and that thiscaused the defect, or that the defect is
due to improper usage, the Licensee is liable to fullycompensate
the Licensor for all expenses the attempt to remove the defect has
caused,especially expenses for labour, material costs and
transportation. Every man-hour is chargedwith 90,00 plus value
added tax. The Licensor reserves the right to assert additional
costs.The Licensee has the right to prove that the Licensor
suffered no or minor damage.
6. Any warranty claims of the licensee become time-barred after
one year. The limitation periodstarts after the Software has been
successfully downloaded. Rights of recourse of theLicensee towards
the Licensor according to 437 et sqq., 478 German Civil Code
becometime-barred according to 479 German Civil Code.
5 Liability1. The Licensor is liable for any damage caused
deliberately or wantonly negligent by himself or
any of his chief executives.2. The Licensor is also liable for
the culpable infringement of essential contractual obligations,
if
the infringement of these obligations would jeopardise the
attainment of this contract.The Licensor is also liable if he
maliciously concealed any defect of the Software or if he
granted the Licensor a warranty for the quality of the object or
the work.3. The Licensor is also liable for damages resulting from
injuries of life, body and health, caused
by a breach of duty on behalf of himself, or any of his legal
representatives, or any of hisassistants.
4. Any claim for compensation against the Licensor, especially
due to delays or breach of dutyas well as non-contractual claims,
also due to lost profit, missed advantages, absence ofeconomies,
failure of capital expenditures, indirect damage and consequential
damage areexcluded.
5. Possible claims for compensation, in regard to their amount,
are restricted to the damageforeseeable at the conclusion of the
contract. Claims that result from the implementation(execution) of
excess risks and are thus not foreseeable by the Licensor, can not
be asserted.This restriction is not valid if the Licensor has
maliciously concealed any defect of theSoftware or if he granted
the Licensee a warranty for the quality of the object or the
work.
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This restriction is not valid if there are damages resulting
from injuries of life, body and health,caused by a breach of duty
on behalf of the Licensor, or any of his legal representatives,
orany of his assistants.
6. The legal liability of the Licensor for any injury of life or
health as well as the liability fordefective products (product
liability law) is not affected by the clauses above.
6 Compensation Termination1. If the Licensor commits a breach of
duty of his obligations or if he doesnt perform the due
service or not the way he is obligated to, the Licensee may
claim compensation for anysuffered damage according to the
statutory provisions.
2. If the Licensor does not perform the due service or not
according to the contract, the Licenseemay, according to the
statutory provisions, withdraw from the contract. In case the
Licensorhas already made a partial performance, the Licensee may
withdraw from the contract if he isnot interested in a partial
performance.
3. The Licensee may not withdraw from the contract if the
Licensors breach of duty isinsignificant.
4. Albeit statutory provisions the Licensor may withdraw from
the contract, ifa) the Licensee acts contrary to this contract and
the breach of duty is significant.b) the Licensee has given false
details about his creditworthiness orc) the service owed by the
Licensor is not available. In this case the Licensor commits
himself to immediately inform the Licensee about the
unavailability of the service andto immediately refund any expenses
to the Licensee.
7 Place of j urisdic tion Place of f ulfilment (delivery)1. The
place of jurisdiction is Nrtingen.2. Contractual place of
fulfilment is Nrtingen.
3. Regarding all legal relationships between the Licensee and
the Licensor, exclusively Germanlaw is applied. The United Nations
Convention On Contracts For The International Sale OfGoods (CISG)
is not applied.
8 Miscellaneous Severability clause1. No further verbal
agreements have been concluded.2. If any provision of this
contract, a future provision that may be included in this contract
or any
provision of these terms and conditions is found to be partially
or completely invalid orimpracticable, or becomes invalid or
impracticable at a later date, or is found to be incomplete,the
validity of the remaining provisions of this contract shall not be
affected. Should such acase occur, the contracting parties agree
that any invalid or impracticable provision or any
incomplete part, will be substituted by the appropriate
statutory provision.
11 May 2009.
