Licence Agreement

(Version 9.6-1)

0. Preliminary Note
Our usage terms for your DATA BECKER software (licence terms) are shown below. You are only permitted to use the software upon bindingly and unrestrictedly agreeing to these usage terms by activating the relevant button during installation ("Click-wrap licence"). Only this license can grant you the rights to use the software; you are, of course, under no obligation to accept these terms, but without accepting these usage terms you have no rights whatsoever to any part of this software.

Note

COMMERCIAL USE This licence gives you permission to use this software for personal, non-commercial purposes. Furthermore, you are allowed to use the software for business-related commercial purposes, insofar and as long as you only use the software exclusively for yourself in this respect.
This means that you are allowed to create and edit your own personal and your own business-related projects. If you want to use this software commercially to gainfully or gratuitously create or edit projects for others or to deliver services to others with the help of this software, in particular as a service provider for your customers, you may obtain relevant information on DATA BECKER's attractive conditions for purchasing the additional licences required for this purpose at www.databecker.de/lizenzen.

TRANSFER OF SOFTWARE Please note the licence provisions concerning the transfer of software in section 2b. Please do not install the software unless you explicitly accept the provisions of that section.

TRIAL PERIOD If you have initially received this software as a trial version, you may use it for the trial period indicated as from the date of first activation (registration), but not longer. Upon expiration of the trial period, the projects that were created with the software and subsequently uploaded to the Internet are automatically deleted. Of course, such deletion will not occur if you re-upload the same projects with the full version afterwards.

These usage terms apply exclusively to those parts of the software to which DATA BECKER owns exclusive rights and/or as long as none of the following special circumstances apply: Parts of this software may be free software programs that may be reproduced or distributed in line with the General Public License (GPL), Lesser General Public License (LGPL) or other Open Source usage terms. In this case, the respective software components are identified in the manual to this DATA BECKER software. The DATA BECKER usage rules do not apply to these types of components.
Parts of this software may be protected by the copyright of other proprietors (e.g. DirectX for Microsoft Corp.) and may in part or entirely be subject to the usage terms of these respective proprietors, which are then communicated in the respective documentation.

By clicking the "Next" button you accept these usage terms as binding between you and us and are entitled to install your program afterwards.

We wish you every pleasure and success with your new DATA BECKER software!

1. Subject of This Agreement

DATA BECKER grants you the usage rights described in section 2 hereinafter to this software and to the associated documentation under the provision that full payment of the agreed-upon price has been effected by you. You do not receive any copyrights, ownership or joint ownership rights to the software itself. This also applies if changes that infringe upon this contract are made in your area of responsibility, or if the software is combined with other programs. All rights except those given expressly in these usage terms remain with DATA BECKER and/or the relevant third party proprietors. If you infringe upon these usage terms, any and all rights to use the software expire automatically.

2. Usage Rights

a) Licence and Sales Contract. DATA BECKER grants you the usage rights to the software which are described in greater detail below. The usage rights will not come into effect prior to your full payment of the agreed-upon price and your acceptance of these usage terms. The usage rights expire automatically upon any redhibitory action or rescission regarding the underlying sales contract, any return of the respective sold product, or any infringement upon these usage terms and conditions; for time-limited versions, in particular trial versions, usage rights automatically expire at the end of the respectively stated trial period as calculated from the first activation of the version, unless a full licence is purchased by you prior to the end of the respective trial period. Even if you purchase standard software here and insofar the statutory provisions on sales contractas may apply , you are not sold the program as such, nor a part thereof and you do not receive (joint) ownership of the software itself; in return for the price you paid, you receive ownership of the packaging unit with all its physical components - by its very nature this does not apply if you download the software - and the usage rights to the software granted herein.

b) Usage Rights. DATA BECKER grants you a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable right to use the software in its object code as provided by DATA BECKER on a single computer or, if the software is expressly provided for this purpose, to install and run it on a single server.

After the initial installation, the usage rights to the software may no longer be passed on or transferred to third parties, and may not in the course of a deinstallation of the software be subsequently given away or sold on a data storage medium; your right to dispose of the medium as well as the other physical product components remains unaffected by this provision. In addition, activation keys and the corresponding online accounts must not be transferred to third parties. If you acquired the software via download, it is never permitted to pass the software on to a third party, irrespective of whether an installation has or has not been done; in particular, you are not permitted to save the downloaded version onto a data storage medium and to sell said medium or to pass it on.

Business use is only permitted under the provision that you use the software for your own personal purpose; please take heed to the notes and provisions mentioned in the preliminary note.

Installation and use of the software requires prior successful customer and product registration as well as product activation with DATA BECKER, thereby stating your name, address, email address and the licence key. For certain configuration changes on the installation computer and for new installations, a reactivation process is required that makes an online customer account with DATA BECKER mandatory. The usage rights are granted for the duration for which the software is protected by copyright law to the benefit of DATA BECKER, unless they expire for one of the reasons stated hereinabove in sub section a).

c) Reproduction. A reproduction of this software, in full or in part, is only permitted to the extent required for installation and/or use in keeping with the documentation, or as provided by mandatory law. You do not acquire any rights in and to such a reproduction in excess of the rights you have in and to the item being reproduced.

d) No Multiple or Client-Server Use. Unless this software is expressly designed for this purpose, and unless such an installation is absolutely necessary for the proper use of the software in line with the provisions of the program documentation, you may not install the software on a server in such a way that the software can be used on several computers at the same time.

e) Virtual Machines. It is permitted to use the software with a computer emulating a PC (so-called Virtual Machine) by running the "Virtual PC" or similar programs (e.g. "parallels"), but this is not permitted for time-limited versions within the specified time period.

f) Contents and Work Results. You may not use the contents of the software (e.g. included texts, templates, images, graphics or sounds/music) separately, unless expressly permitted, and you may not offer or provide the contents of the software to third parties against compensation or for free or for download, and you may not integrate them into a free or fee-based database. You may not claim, or try to acquire, any intellectual property rights in and to such contents of the software (e.g. register as a trademark an included graphic as part of your corporate logo, or claim the design of a homepage template included in the software as your own work and register it as a copyright). Any integration of such contents into your own programs to be distributed commercially and/or free of charge will infringe upon our copyrights and/or other protective rights under fair trade law. It is not permitted to reproduce work results (e.g. business cards or documents with integrated graphics) as offset printing templates or allow them to be reproduced by a third party. The public performance or distribution of sounds is generally subject to GEMA fees or fees owed to other national performance rights institutions to be borne by you as a user, unless anything to the contrary is expressly stated in the respective documentation.

g) No Rental, Lending, or Public Performance. You may not rent, lend, or publicly perform the software (or use it as a "Software as a Service - SaaS"). It is not currently possible for DATA BECKER to grant special licences for such use, even in individual cases.

h) No Decompiling or Disassembly. You may not convert the software into a source code format from the object code provided (decompile), transfer the binary code into an assembly language readable to human beings or machines (disassemble) or undertake other forms of "reverse engineering" if this is not permitted for the specific individual case by mandatory statutory provisions.

i) Illegal and Immoral Use. It is not permitted to use the software, or individual parts of it, for illegal purposes.
j) Markings. You may not delete, overwrite, or otherwise change markings, brand names, copyright notes and ownership information provided within the software by DATA BECKER or on behalf of other proprietors. This also applies to the manual and data storage media as well as to individual images, graphics, sounds, and videos.

3. Shareware and Freeware

a) For shareware, freeware, or other Public Domain software, you are obliged to observe, and comply with, the usage terms of the proprietors of the respective programs.

b) Decompiling, disassembling, and commercial distribution of shareware, freeware, or other Public Domain software against compensation in any form whatsoever shall be deemed prohibited due to binding statutory provisions, unless the relevant usage terms give explicit permission.

4. Restricted Warranty

a) In keeping with sections 437 et seq of the German Civil Code (BGB), DATA BECKER warrants within the statutory warranty period that the software is able to run on computer systems that meet the technical minimum requirements as stated on the software's packaging or within the documentation, and which match the configurations common for large-scale manufacturers with standard brand components commonly used at the time of the publication of the software. DATA BECKER does not warrant, neither expressly nor implicitly, that the software fulfills particular requirements made by the customer or that particular results can be achieved, or problems can be resolved, with the software unless such warranty has been explicitly made by DATA BECKER. A lack of compatibility with other programs, except for the minimum system requirements shown on the packaging or within the documentation, does not represent a fault. For software that has the purpose of creating and/or editing work results on the Internet, we do not make any guarantees for successful interaction with the server configurations maintained and operated by the respective provider.

b) There is no software that works without problems on all possible computer configurations. Therefore no warranty is given to cover adverse effects on functions that occur as a result of computer components (hardware, especially motherboards, graphics cards, and sound cards that are not standard brand components), other programs (especially drivers for computer components that are not standard brand components), operating errors, improper treatment or use that infringes upon the contract. If you make changes to the software, we refuse any warranty for the modified software.

c) The warranty period is two years. For a mutual trading transaction as defined in the German Commercial Code, the warranty period is one year. In each case this period starts with the handing-over of the software at the time of the sale, for mail order with the handing-over of the software to the transporter (post office or courier service), and for downloads once the downloaded file has been saved on your computer in its entirety.

d) If the software as an Internet software in terms of the preliminary notes includes so-called branch wizards, the texts of these branch wizards provide support for the user when structuring and designing the respective web presence; since these types of standard help texts can never provide for or cover every possible situation the user may need, we explicitly recommend to technically check the respective texts and text components prior to using them as well as to consider all relevant professional duties imposed by applicable statutes. We will not be responsible for the technical correctness of used texts or text components.

e) Apart from the above mentioned terms, the warranty is subject to statutory and legal provisions.

5. Liability Disclaimer

a) The procedures and programs given are provided regardless of possible patents. DATA BECKER is not liable for the correctness of information and technical information in the software and manual nor for the correctness of the work results of the software.

b) DATA BECKER is not liable for negligent violations of obligations as long as these violations do not relate to key contractual obligations, injuries to life, limb or health, guarantees expressly given by DATA BECKER, or claims arising from the German Product Liability Act. The same applies to breaches of duty by our vicarious agents. DATA BECKER is not liable for any legal consequences and/or damages from the use of the software that go beyond the provisions of these usage terms or violate the same.

c) DATA BECKER is not liable for the consequences of a data loss or for any costs of any data restoration efforts that may be required. DATA BECKER recommends implementing regular data backups; backups for important data should be done on a daily basis.

d) The product and company names indicated in the software and manual are usually protected as trademarks or in other ways by the respective owners and can therefore not be used freely, even if DATA BECKER did not provide a notice in this regard.

6. Severability Clause, Applicable Law

a) These usage terms and all legal questions relating to the use of this software are exclusively subject to the laws of the Federal Republic of Germany without giving effect to conflict of laws regulations; the United Nations Convention on Contracts for the International Sale of Goods does not apply.

b) If one of the provisions of these usage terms should prove to be invalid, the validity of the other provisions is not affected. In place of an invalid clause or if there is a gap in the regulations, the provisions of the German Civil Code on sales shall apply (paragraph 433 et seq BGB).

c) If you are a general merchant, the court of jurisdiction and place of fulfilment is Düsseldorf.

Copyright © 1998-2010 by DATA BECKER GmbH & Co. KG