Acolens - Licence

Demofilm | Overview | Examples | Technology | Versions | Lens Profiles | Reference Chart
System Requirements | Licence | FAQs | in Test | Free Demo

NURIZON GMBH's GENERAL TERMS AND CONDITIONS OF LICENSING FOR USE OF THE "ACOLENS" PROGRAM

§ 1. Object of Agreement

(1) These general terms and conditions of licensing apply provided that the customer acquires the right to use the “Acolens” program (hereafter referred to as “Program”) from Nurizon GmbH (hereafter referred to as “Licensor”) against payment of the one-time purchase price specified in the bill of lading or invoice.

(2) The Licensor grants the customer the right to use the Program, non-exclusive and unlimited in time, under the following conditions.

(3) The Program shall be shipped to the customer on machine-readable recording media as described in the bill of lading or invoice, on which it is recorded as an object program in executable form. The Program includes user documentation (“Documentation”), which is being sent to the customer in printed form or also on machine-readable media. The Program and Documentation are hereafter described as “Licensed Materials”.

§ 2 Duplicating rights

(1) The customer may copy the Program to the extent that duplication is required for its use. Necessary duplications include the transfer of the Program from the original data medium to the mass storage device in the installed hardware, unless prevented by copy protection devices, and loading it into the working storage unit.

(2) In addition the customer is permitted to duplicate the Program for security reasons. However, only one single back-up may be produced and stored. That back-up copy is to be marked as a Program back-up.

(3) If for reasons of data protection or assuring the quick reactivation of the computer system following a total breakdown the regular back-up of the entire data inventory, including the computer programs used, is inevitable, the customer may make back-up copies in the number absolutely necessary. Relevant data carriers are to be labeled accordingly. Back-up copies are to be used only for archival purposes.

§ 3 Multiple and network use

(1) The customer shall be authorized to use the Program on any hardware available to him at a workstation. However, in the event the customer changes the hardware, the Program has to be erased from the hardware’s storage media in use until then.

(2) Storing, holding in reserve or using the Program on more than one hardware device concurrently shall not be permitted.

(3) The use of the Program within a network or another computer system with multiple stations is not permitted to the extent that such installations create opportunities for concurrent multiple use. If the customer wants to use the Program within a network or another multiple-station computer system, he has to prevent concurrent multiple use by means of an access-blocking mechanism or acquire a special network license from the Licensor. The latter will advise the customer about network license fees in accordance with his requirements as soon as the customer notifies the Licensor in writing about the planned network application, including the number of connected users. The use of such a network or multiple-station computer system shall only be permitted following payment of the entire network license fee.

§ 4 Decompilation and Program changes

(1) The retranslation of the Program code, furnished temporarily, into other code forms (decompilation) as well as other means of retracing various developmental steps in producing the software (reverse engineering) shall not be permitted.

(2) Removal or circumvention of the copy protection shall not be permitted. To the extent that the copy protection impairs or prevents trouble-free operation of the Program in an individual case - and such trouble can be proven - and the Licensor is not able or unwilling to remove the source of the trouble within an appropriate period of time despite the customer’s commensurate notification and his exact description of the problem, such protection may be removed in order to assure proper operation of the Program. The customer has to prove the impairment or prevention of trouble-free operations due to the copy protection device.

(3) Alterations of the Programs beyond those described in § 4 (1) and (2) are only permitted insofar as required for the intended use of the Programs, including error correction.

(4) Alterations of the Program, as described in § 4 (1), (2) and (3), may only be performed by the customer or third parties if the Licensor declines to perform the desired program changes against payment of a commensurate fee. The Licensor has to be given sufficient time to review whether to accept the order.

(5) Copyright identification, serial numbers as well as other Program identification features may not be removed or changed in any event.

§ 5 Resale and rentals

(1) The customer shall be permitted to sell or donate the Licensed Materials permanently to third parties, provided that the purchasing third party also agrees to continue adhering to these terms and conditions of licensing. In case of such transfer the customer shall provide the new customer with all copies of the Program, including all existing back-up copies, or destroy those not transferred. As a consequence of the transfer, the original customer no longer has the right to use the Program.

(2) The customer may transfer the Licensed Materials to a third party for an indefinite period of time, provided it is not rented for the purpose of purchasing or leased and the third party also agrees to continue adhering to these terms and conditions of licensing and further provided that the original customer transfers all copies of the Program, including all existing back-up copies, and destroys all copies not being transferred. The original customer does not have the right to use the Program for the period it is assigned to the third party. The Licensed Materials may not be rented for the purpose of acquiring or leased.

(3) The customer may not assign the Program to third parties if there is reasonable suspicion that the third party would violate the terms and conditions of licensing, particularly in respect to making unauthorized copies. That also applies to employees of the customer.

§ 6 Rights arising out of defects

(1) The parties to the contract agree that it is impossible to develop programs in such a way that they perform without fault in all applications. In the event of defects on the Licensed Materials, the Licensor shall be obligated to provide replacements or rectification. If the Licensor’s remedial actions fail to succeed within a reasonable timeframe set by the customer, the customer is entitled to demand a reduction in the purchase price or withdraw from the agreement in the event of a not unsubstantial defect. § 7 shall apply in the case of claims for damages, including claims for damages instead of performance.

(2) The Licensor shall not be liable for defects due to deviations from the Program's intended use as indicated in the Documentation.

(3) If the customer is an individual or a legal entity or a legal partnership which, in signing the contract, acts based on its commercial or independent professional activities (entrepreneur), all rights stemming from defects shall expire 12 months following the close of the calendar year in which the Licensed Materials were assigned to the customer.

(4) Liability for an expressly granted warranty covering the Licensed Materials as well as for fraudulently hidden defects remains unaffected.

§ 7 Liability restrictions

(1) Irrespective of the cause in law, the Licensor shall be liable for damages caused by culpable violation of a material contractual obligation interfering with the attainment of the purpose of the contract. Liability shall be limited to the damage typical for such contracts, the occurrence of which the customer had to take into consideration on the basis of circumstances known to him upon concluding the contract. Liability on the part of the Licensor for minor negligence shall be excluded.

(2) The Licensor shall only be liable for the loss of data and its retrieval subject to para. (1), if such loss could not have been avoided by adequate data back-up measures on the part of the customer.

(3) Liability of the Licensor for gross negligence or premeditated damages, under the product liability law, for omission of warranted properties or due to harm to body, life or health, remains unaffected.

§ 8 Duty to examine and report defects

If the purchase of the Licensed Materials is for the order of the commercial enterprise of the purchaser, the following provisions cited herewith under § 8 apply:

(1) The customer shall examine the Licensed Materials within 8 working days after receipt, particularly in respect to the inclusion of all data media and manuals and the functioning of basic Program functions. Using a form included with the Documentation the Licensor shall be notified by registered letter within another eight (8) working days of any defects that are and can be discovered in this process. The complaint in respect to the defect shall include a description of the defects in a form that is as detailed as possible.

(2) Complaints of defects that cannot be detected as a result of the described investigation, undertaken properly, must be submitted within eight (8) working days following their discovery, in conformance with the complaint procedures explained under (1).

(3) If the duty to examine and file complaints about defects is violated, the Licensed Materials are considered accepted in view of the respective defect.

§ 9 Retention of title

(1) The licensor retains title to the Program furnished to the customer until all receivables existing at the time of delivery or incurred later arising out of this contract are paid; or if paid by checks or drafts until such are redeemed.

(2) In the event the Licensor retains title, the customer’s right to further use of the Licensed Materials lapses. All copies of the Program made by the customer shall be erased.

§ 10 Other provisions

(1) Only these general terms and conditions of licensing shall apply; any customers' terms and conditions to the contrary are not recognized by the Licensor unless the latter has approved their validity in writing.

(2) No oral side agreements were made.

(3) If any provisions of these general terms and conditions of licensing, either in whole or in part, did not become part of this contract or are considered invalid, the validity of the remainder of the contract remains effective.

(4) Insofar as the customer is a business, it is agreed that all disputes ensuing as a consequence of the contractual relationship shall be submitted to the court in Hamburg [Germany].

(5) Legal relationships between the parties to the contract arising out of or in connection with this contract are governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on contracts for the international sale of goods.