This License Agreement is accepted by breaking the seal of the Software-Program-Package-Wrapping. If Licensee does not agree with the following terms and conditions of use, he may return the Program-Package in it's original unopened wrapping to the respective seller and refund the sale's price.
By purchasing this Program-Package the copyright owner Form & Vision grants to Licensee the right to use the software under the terms and conditions set out hereinafter. Further use or exploitation is not permitted.
The purchased Program-Package contains the above mentioned software on CD-ROM as well as the accessory handbook and further documentation. Software, handbook and documentation are protected by copyright.
º 1
Extent of Use
(1) Licensee shall be entitled to use the software on only one computer at the same time. Use of the software shall mean any permanent or temporary complete or partial copying of the software by saving, loading, displaying or showing for the purpose of performing the program and processing of data contained in the program through the computer. Copying of the handbook or of the documentation is prohibited.
(2) Any further rights of use and exploitation of the Program-Package are reserved. In particular neither Licensee nor any successive user shall be entitled to use the program and/or developed versions thereof at the same time on more than one Computer or to distribute copies of the Program-Package in original or developed version commercially or non-commercially. This shall apply even if those copies consist of essential parts of the developed version only.
(3) Licensee may only change the program if necessary in order to correct mistakes or make the program available for it's intended use. Trade Names, Trademarks, notices of Copyright and other notices with regard to the reservation of rights contained in the program shall not be changed and must be transferred to any developed version of the program.
(4) A retranslation of the program-code (decompilation) requires the prior written consent of Form & Vision except for the cases defined in º 69 e UrhG (German Copyright Act). Further decompilations are not permitted.
(5) Licensee shall be entitled to create one copy of the program by way of security, if necessary for the future use of the program. If the program contains a technical protection against copying, the respective seller will give to Licensee a copy in case the original has been damaged if Licensee returns the original CD-ROM which had been delivered to him in the Program-Package.
º 2
Passing On of the Program-Package
(1) Form & Vision grants the right to Licensee to pass on the original program to one successive user however only together with a copy of this License Agreement to which the successive user agrees by initially using the program. The passing on of copies or partial copies of the program or the passing on of changed or developed versions or copies or partial copies thereof is not permitted.
(2) The successive user shall replace Licensee with regard to this License Agreement. The right of use granted under º 1 shall be transferred to the successive user.
(3) Upon passing on of the program, Licensee must immediately and completely delete or destroy in other ways any copies or partial copies of the program as well as changed or developed versions or copies or partial copies thereof. This shall also apply for any and all safety copies.
(4) Sections (1) to (3) shall apply if the passing is temporarily.
(5) It is not allowed to rent out the Program-Package or parts thereof.
º 3
Passing On by the Successive User
If the successive user passes on the program to another successive user the later one shall replace the preceding user with regard to this License Agreement. º 2 shall apply accordingly.
º 4
Liability
(1) Form & Vision shall be liable for all damages which have been caused by her defaulted breach of essential contractual obligations thereby endangering the purpose of this License Agreement. The liability is limited to the typical contractual damage, which Form & Vision was able to foresee at the time of closing of this License Agreement due to the well known circumstances. In any case the liability shall be limited to the amount which is covered by the Liability Insurance of Form & Vision. Any liability for lost profit, unperformed savings, indirect damages or consequential damages as well as for loss of data shall be excluded.
(2) The limitation of liability defined in section (1) above shall neither apply to damages which have been caused by willful or gross negligent behavior or by the lack of guaranteed qualities nor to claims arising out of the German Product Liability Act (Produkthaftungsgesetz).
º 5
Further Rights
If Form & Vision develops an Update of the program, Licensee - by submitting his registration card - shall be entitled to exchange the Program Package against the respective Program Package of the updated version at a rate of 25% of the Update-Price as defined in his seller's list. The exchange applies to the Program-Package as a whole as purchased by Licensee. On the day of exchange Licensee's right of use under º 1 shall expire. The obligation to delete and destroy under º 2 sec. (3) shall apply accordingly.
º 6
Miscellaneous
(1) This License Agreement contains all the agreements between Form & Vision and Licensee. Further collateral agreements orally or in writing do not exist. Amendments or supplements need to be in writing. This shall also apply for this clause.
(2) The invalidity of a single provision shall not impair the validity of all other contractual provisions hereto. The parties agree to replace an invalid provision by a valid provision which comes closest to it's economical result and corresponds best to the purpose of this License Agreement. The same shall apply with regard to impracticable provisions.
(3) Licensee purchases the Eclipse-Program-Package from Form & Vision or from a retailer. The respective Software-Purchase-Agreement is governed by the respective seller's General Terms and Conditions.
(4) This License Agreement shall be exclusively governed by German Law.
(5) Place of Jurisdiction for any disputes arising from or in relation to this License Agreement is Frankfurt/Main, Germany.
