1. The licenser will grant you a non-exclusive right free of charge for your solely private use of this software on an individual computer in accordance with the conditions of this agreement. By means of its declaration of consent the licensee agrees to all the conditions of this agreement. In the event of the rejection of the subject matter of the agreement the licensee is forbidden from installing or using the software.
2. Contents are possibly also displayed in the software's TIP window (Tip 1-4), which are provided by one of the licenser's partner companies. The partner company is solely responsible for these contents. Certain data are transmitted to the webserver of the company that provides the contents in order to indicate the right language or action in the software's TIP window. All the transmitted data are listed for inspection in order to ensure transparency with respect to the type of data transmitted for the licensee. Furthermore, no special data transmission to the webserver of the licenser or the webserver of the company, which provides the contents of the Tip window, is carried out. The data that is transmitted concerns the following individual areas:
a) a randomly generated number. This is required, for example, in order to only pop up the contents of the TIP window just once.
b) the country that is specified in the settings of the operating system;
c) the language that is specified in the settings of the operating system;
2. The software is not sold but is licensed free of charge. Upon the purchase of the software the licensee only at any rate obtains the ownership of the physical data carrier, the surrounding packaging and the manual as well as any other written material that goes with it if the these items form the subject matter of the contract. In other respects the property rights of the licenser to the software are not affected.
Section 3 Scope of the granting of the licence
1. This licence entitles the licensee to privately produce, use and transfer as many copies of the software as it wishes and the documentation that goes with it on an individual computer as long as it observes the conditions formulated under section 4 of this agreement ("Restriction of the licence") in this process. The licensee is granted the use of the software for an unlimited period of time.
2. The licensee is not permitted the commercial use of the software. If the licensee should nevertheless want to use the software commercially then it must obtain the written consent of the licenser in advance. It must contact the licenser via: marketing@4c-vision.de.
Section 4 Restriction of the licence
1. The licensee is not entitled to change the software and the documents that go with it in terms of its content and to subsequently circulate it in any form whatsoever. In addition it is forbidden from producing derivatives of the software. In particular it is forbidden from modifying or removing trade marks, other Copyright notices ((c)) or references to the licenser as the owner of the property rights to the software or to insert additional trade marks, logos, copyright notices or references. A violation of this contractual clause will be prosecuted under civil and criminal law.
2. The licensee is not entitled to subject the software to reverse engineering, to decompile it, to deassemble it or to decode it in any other form.
3. The licensee is not entitled to grant sublicences for the software or to transfer the software to third parties in return for payment, irrespective of whether it is by means of sale, letting, leasing or similar means. It is also forbidden from distributing the software and/or its documentation on its own or in conjunction with other products in a commercial or other manner if the licenser has not granted it its prior written consent (see Section 3 item no. 2 of this agreement with respect to this).
4. The licensee's entitlement to transfer the software to third parties is subject to the condition that the third party consents to the fact that they are bound by the terms of this licence agreement. The third party will then also become a licensee as defined by this agreement. If the third party refuses to consent to this then the licensee is not entitled on the basis of this agreement to transfer the software to a third party that refuses to grant its consent.
Section 5 Violation of the agreement and notice of termination
1. The licenser is entitled to terminate the licence agreement with immediate effect if the licensee violates one of the regulations of this agreement.
2. The licensee is liable to the licenser for all losses, which arise due to a violation of the regulations of this agreement by the licenser.
Section 6 Amendments and updates
1. If the present copy of the software is an upgrade of an earlier version of this software (hereinafter referred to as update) then the licensee will be provided with an upgrade based on a cross-licence according to Section 6 item no. 2 of this agreement.
2. By installing and using an upgrade as defined in Section 6 item no. 1 of this agreement the licensee warrants that it will voluntarily give up an ultimate buyer licence with respect to the earlier version of the software and that it will not continue to use this earlier version nor transfer it.
Section 7 Warranty and liability
1. The licensee uses the software at its own risk. The licenser does not provide, insofar as this is legally permissible, any guarantee of the functionality of the software version provided by means of this agreement in addition to the files that go with it. In particular the licenser does not provide any guarantee of the suitability of the software for the purpose pursued by the licensee nor for the faultless interaction of the software version provided by the licenser with software that the licensee possibly has. For this reason the claims and rights on the part of the licensee due to a defect of title or defect as to the quality of the software are not possible. This also applies for all compensation claims. Compensation claims due to claims as the result of the injury to life, physical injury or injury to health if the licenser is responsible for the violation of an obligation and for other claims which are due to an intentional or a grossly negligent violation of an obligation on the part of the licenser are excluded from this clause. In other respects the licensee also does not provide a guarantee.
2. The licenser hereby expressly refers to the fact that it is not possible even using state of the art technology to produce computer software that is completely free of errors.
3. The liability of the licenser for potential losses, which the licensee or third parties incur due to the possession, the use, the transfer of the software or in another way in conjunction with the software or in another manner, in particular due to computer viruses is out of the question if this is legally permissible.
4. The aforementioned exclusions also include those cases, if they are legally permissible, in which the licensee connects the software, which it has been transferred the use of, with its own programmes and/or components, the programmes and components of a third party or another software manufacturer in any way. The licenser will attempt to its best knowledge and belief to name all the external programmes or external components in the enclosed documentation, which are necessary for the faultless complete or partial functioning of the software. Furthermore the licenser does not guarantee the completeness and correctness of its documentation.
Section 8 Concluding provisions
1. The exclusive place of jurisdiction for all disputes resulting from this agreement if legally permissible is Dortmund, Federal Republic of Germany. The law of the Federal Republic of Germany applies.
2. If parts of this agreement should be or become totally or partially ineffective then this does not affect the effectiveness of the rest of the agreement. In such a case the parties undertake to replace the ineffective regulation by a regulation which comes closest to meeting the intended economic objectives. The same applies in the event of a gap in the provisions.
3. Changes of this agreement need to be made in writing. The same applies for the annulment of this written form clause.
Section 9 Priority of the German draft of the agreement
This agreement is drafted in German and in English. In the event of objections the German draft applies; in the event of questions of interpretation the German draft must also be consulted and is the authoritative version in the first place when interpreting the English version.
