EULA - Ridom GmbH
Contents
1. time period or date prescribed in the contract A legally permissible measure of the performance or time date or period which comes as close as possible to that which was intended shall then be deemed to be agreed This EULA replaces all written or oral declarations of intent of those concluding the contract which were given in connection with the contract negotiations even insofar as these declarations may differ from the contents of the present contract Equally any previous EULA is replaced by this contract In addition the General Terms and Conditions of Business of Ridom GmbH also apply Document version 1 2 December 20122. Exclusive place of judgment for all disputes arising from this contract is also M nster if the licensee is a merchant a publicly incorporated company or a special fund under public law or is without a place of judgment in Germany insofar as no other place of judgment is compulsorily prescribed by law For the following claims of Ridom GmbH on the basis of this license contract regardless of what kind the law of the Federal Republic of Germany applies exclusively with exclusion of the provisions for uniform UN sales law for the sale of chattels Insofar as not otherwise agreed German law is also applicable to contract relationships with foreign customers 7 Final Provisions a b c d Should any provision of this EULA be or become ineffective or contestable for any reason its content is not otherwise disturbed thereby Rather it is to be performed in accordance with the intent Instead of the ineffective or contestable provision an appropriate regulation is to apply which as far as legally permissible comes as close as possible to that which the parties who concluded the contract intended or would have intended in accordance with the sense and purpose of this contract if they had considered the point when concluding this contract The same applies in the event of a lacuna in this contract This also applies even if the ineffectiveness of a provision rests in any way on a measure of the performance and the
3. Ridom GmbH EULA End User License Agreement for Software 1 General a e This End User License Agreement EULA forms a legally binding contract between you the licensee and Ridom GmbH the licensor for the Ridom software and related media materials and documentation the software product By opening the seal of the CD packaging or by using the hardware key Dongle to make a downloaded Ridom software useable or by using the serial code to register your Ridom software you declare your agreement to be bound by this EULA If you do not agree to these conditions you are not entitled to use the software package and must return this unused i e with undamaged seal on the CD container and without delay at the latest within 10 days from receipt in order to receive a complete refund of usage charges paid for the software The person who concludes this EULA assures and makes warranty that he is entitled to declare a legally binding contract on behalf of his employer as the licensee The software product is licensed not sold 2 Copyright a The software product distributed by Ridom GmbH is protected both by copyright laws and international copyright treaties and also by other laws and agreements concerning intellectual property Ownership and copyright of the software product including but not restricted to images photographs animations video audio text and applets which are included in the software pr
4. e basis of the claim or grievance such as for example infringement of the warranty of the provisions of the contract of the contract from law and arising from an offence including strict liability and negligence or other legal grounds and even if notification is given of the possibility of such damages or if such a possibility was reasonably foreseeable This exclusion according to origin does not apply for damage which is caused by Ridom GmbH through malicious intent or gross negligence Equally claims which are based on mandatory legal regulations for product liability remain undisturbed Ridom GmbH is not responsible for and makes no warranty for the products running without interruption or without error The liability of Ridom GmbH for damage and loss of any kind whatsoever and regardless of the legal basis on which the claim or grievance is based is limited to the extent permissible under the law to the amount which the licensee actually paid for the software product that caused the damage or loss The obligation to warranty lapses completely if the licensee alters the software without authorisation from the licensor 2 2 6 Place of Judgment and Applicable Law a b c d Place of fulfillment for all obligations arising from the contract relationship is for both contract partners M nster the base of Ridom GmbH This applies even if the residence of the customer is unknown or is outside Germany
5. mputer software part of the software product up to the number of copies which are contractually established as licensed copies The licensee is not entitled to reverse develop to decompile or to disassemble the software product unless and then only insofar as the applicable law regardless of this limitation expressly permits this The licensee is not entitled to resell the software product or in any other way to transfer the software product for a counter value The licensee is not entitled to rent the software product to lease it or to lend it Without prejudice to its other rights Ridom GmbH is entitled to terminate this EULA insofar as the licensee contravenes the provisions of this EULA In such a case the licensee is obliged to return all copies of the software and all its components to Ridom GmbH or to destroy them After installing a copy of the software product in compliance with this EULA the original medium on which the software product was supplied by Ridom GmbH may only be kept for security or archiving purposes If the original copy is necessary in order to use the software product on the computer a copy of the software product may be made only for security or archiving purposes Insofar as not expressly permitted in this EULA the licensee may not in any other case make copies of the software product or of the printed material which accompanies the software product Ridom GmbH reserves all rights not expressl
6. oduct the accompanying printed material and each copy of the software product are the property of Ridom GmbH All rights and intellectual property rights in and to content which can be accessed with the aid of this software product are the property of the respective owners of the content and may be protected by applicable intellectual property rights laws and other laws and agreements on intellectual property This EULA does not grant the licensee the right to use such content If this software product includes documentation which is only provided in electronic form the licensee may print a copy of this electronic documentation He is not entitled to reproduce the printed material accompanying the software product 3 Scope of License a The licensee is entitled to install the software product the demonstration version or an earlier version on several computers workstations portable PCs or another digital electronic device The duration of the license is perpetual unless a limited time period is specified on the invoice or other agreement 1 2 c d e f 9 h a Ridom GmbH Mendelstr 11 D 48149 M nster Germany info ridom de The licensee is only allowed to use to access and to execute or in another way to interact with the software with the hardware key Dongle or with the serial code If this software product is a license package the licensee is entitled to use additional copies of the co
7. of Liability a b d 9 h The licensee bears the responsibility for the selection and for the consequences of use of the software product together with the results thereby intended or achieved The software product is expressly intended only for research purposes and not for the preparation of diagnoses and particularly not for in vitro diagnosis IVD Liability for damages of any kind included without restriction are damages from loss of profit loss of business information or from any other financial loss which arises as a result of the use of this product or of the inability to use this product is expressly excluded Insofar as not expressly stipulated in this EULA Ridom GmbH makes no warranties either expressly or implicitly including implicit warranties with respect to merchantability or suitability for a specific purpose All implicit warranties which may possibly be imposed by law are restricted to the greatest extent permitted by law to the provisions contained in this EULA For damage or loss which involve death or physical injury Ridom GmbH is in no case liable for aggravated compensation for damages or penalty compensation for damages for any specific indirect coincidental damage or loss or consequential loss or damage arising there from this applies particularly but not exclusively for loss of use loss of data loss of profit and for loss of savings and business This applies regardless of th
8. y granted The individual provisions of this license agreement can only be changed by Ridom GmbH The written form is required for this without any exception 4 Warranty and Assurances The software product is supplied in accordance with the current development status Ridom GmbH draws attention to the fact that is not possible in the current state of technology to create computer software such that it works without errors in all applications and combinations The subject of this contract is therefore only software which is in principle usable in the sense of the program descriptions and user manual Ridom GmbH supplies without charge within 30 days from the date of purchase replacements for defective data media for the case that the software product is fundamentally unusable in the sense of the description supplied with it or refunds the purchase price to the licensee against return of the b defective software product If Ridom GmbH is not in a position to fulfill the warranty both sides have the right to rescind the contract with the purchase price being refunded to the licensee Statements contained in brochures advertisements and similar documents represent only descriptions and do not contain any assurance of properties or guarantees The assurance of properties requires an express written agreement This also applies for price quotations and for statements on the release of additions and extensions 5 Limitation
Download Pdf Manuals
Related Search