Licence agreement
Standard licence
(Version 9.0)
Our terms for using 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 is granting you rights to use the software and you have no rights whatsoever in and to to this software without accepting these usage terms.
Note: This standard licence permits you to use this software yourself privately. Business use is only permitted under the provision that you use the software for your own personal purpose, e.g. to set up and update your own company website, web shop or portal. If you consider using this software for the benefit of others, in particular as a service provider, e.g. in order to to create websites for your customers, you may obtain relevant information on DATA BECKER's attractive conditions for purchasing additional licences required for this purpose at www.databecker.de/lizenzen.
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 for this DATA BECKER software. The DATA BECKER usage rules do not apply to such components.
Parts of this software may be protected by copyright for 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 "Continue" button you accept these usage terms as binding between you and us and afterwards are entitled to install your program.
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 Sec. 2 hereinafter to this software and to the associated documentation under the provision that full payment of the agreed price has been effected by you. You do not receive any ownership or joint ownership rights to the software itself. This also applies if changes that infringe upon the contract are made under your 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 trms, any and all rights to use the software lapse automatically.
2. License and Usage Rights
a) Licence and Sales Contract. DATA BECKER grants you the usage rights to the software described in greater detail below. The usage rights will not come into effect prior to your full payment of the agrreed price and your acceptance of these usage terms. The usage rights lapse 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 test and/or demonstration versions, usage rights automatically lapse at the end of the respectively stated testing period as calculated from the first installation of the version, unless a full licence is purchased by you prior to the end of the respective testing period. Even if you buy standard software here and therefore the statutory provisions apply to the sales contract, 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 sales price you have 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) Order of Precedence. These terms and conditions are embedded into the following order of precedence:
i. Individual amendments to these usage terms after concluding of contract
ii. These usage terms
iii. Generally recognized standards and norms of the industry
iv. Statutory legal provisions
In case of contradictions, the order listed first shall have priority over those listed afterwards. Gaps shall be filled by the provisions of the respective subsequent order.
c) Usage Rights. DATA BECKER grants you a personal, non-exclusive, non-transferable, non-assignable, non-sublicenseable right to use the software in its object code as provided by DATA BECKER on a single computer (that is owned by you or has been permanently provided to you for your personal use) or, if the software is expressly provided for this purpose, to install and run it on a single server. After installation, the software may no longer be passed on or transmitted to third parties, nor may it be removed and then given away or sold. If you acquired the software by downloading it, it is never permitted to pass it on to a third-party, irrespective of an installation has or has not been made.
Business use is only permitted under the provision that you use the software for your own personal purpose, e.g. to set up and update your own company website, web shop or portal. If you consider using this software for the benefit of others, in particular as a service provider, e.g. in order to to create websites for your customers, you may obtain relevant information on DATA BECKER's attractive conditions for purchasing additional licences required for this purpose at www.databecker.de/lizenzen.
Installation and use of the software requires prior successful customer and product registration with DATA BECKER, thereby stating your name, address, email address and the licence key, which registration may need to be run again for certain configuration changes on the installation computer. The usage rights are granted for the duration that the software is protected by copyright law for DATA BECKER, if not lapsed for one of the reasons stated hereinabove in Sec. 2 lit a).
d) Duplication. Duplication 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 a binding statutory legal requirement. You do not acquire any rights in and to such duplicate in excess of the rights you have in and to the item duplicated.
e) No Multiple or Client-Server Use. Unless this software is expressly designed for this purpose, and unless such 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 several computers or on a server such that the installations are available on several computers at the same time or the software can be used on several computers at the same time.
f) Virtual Machines. It is not permitted to use your software with a computer running the "Virtual PC" or similar programs (so-called Virtual Machine).
g) Contents and Work Results. You may not offer or provide the contents of the software (e.g. individual texts supplied with it by DATA BECKER, templates, images, graphics or sounds/music) to third-parties against compensation or for free or for download, and you may not integrate them in a free or charged database. You may not claim, or try to acquire, intellectual property rights whatsowever in and to such contents of the software (e.g. register as a trademark a graphic supplied by the software 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 copyright). Any integration of such contents into your own software to be distributed commercially and/or free of charge will infringe upon our copyrights and/or other protective rights under unfair competition laws. 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. Public performance or distribution of sounds is genereally subject to GEMA fees to be borne by you as a user, unless anything to the contrary is expressly stated in the respective documentation.
h) No Rental, Lending or Public Performance. You may not rent, lend or publicly perform the software. It is not currently possible for DATA BECKER to grant special licences for such use even in individual cases.
i) 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 being or or machines (disassemble) or undertake other forms of "Reverse Engineering" if this is not permitted for the specific individual case by legally binding statutory provisions.
j) Illegal and Immoral Use. It is not permitted to use the software, or individual parts of it, for illegal purposes.
k) Markings. You may not delete, overwrite or otherwise change contained markings, brand names, copyright notes and ownership information provided by DATA BECKER or on behalf of other proprietors. This applies to the manual, software and data carriers 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 with the technical minimum requirements as stated on the software's packaging or documentation, and with 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 or implicitly, that the software fulfils 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 in the documentation, does not represent a fault. For software whose purpose is to create and/or edit 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 branded standard components), other programs (especially drivers for computer components that are not branded standard 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, and one year for mutual trading transaction as defined in § 343 Sec. 1 German Commercial Code (HGB). In each case this period starts with handing over the software on sale, for mail order on handing over the software to the transporter (post office or courier service) and for downloads once the download file has been completely saved on the buyer's computer.
d) Apart from the above ternms, warranty is subject to the statutory 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.
DATA BECKER is not liable for slightly negligent infringements of obligations as long as these do not relate to key contractual obligations, damages from injury to life, limb or health or guarantees, or relate to 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 damage from the use of the software that goes beyond the provisions of these usage regulations.
c) DATA BECKER is not liable for the consequences of a loss of data and the costs of any data restoration that is required. DATA BECKER recommends implementing regular data backups; backups should be made on a daily basis for important data.
d) The product and company names stated in the software and manual are usually protected as trademarks or in other ways by the respective owners, even if DATA BECKER had not provided an appropriate notice of this, and they may therefore not be used freely.
6. Severability clause, Applicable Law
a) These usage terms and all legal questions relating to the use of this software are subject exclusively to the laws of the Federal Republic of Germany; the application of Conflict of Laws and UN Purchase Law are ruled out.
b) If one of the provisions of these usage terms should prove to be invalid, this does not affect the validity of the other provisions. 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 (§ 433 et seq BGB).
c) If you are a registered trader, the court of jurisdiction and place of fulfilment is Düsseldorf.
Copyright (c) 1998-2009 by DATA BECKER GmbH & Co. KG
