End-User License-Contract
§1 CONSENT
If you install and use this software, you will agree to the terms for the use of this license. You accept that you have read the content of this license, have understood it and have accepted it freely and by yourself. This license-contract is binding you, as the licensee and 5M-Ware, as the licensor and manufacturer legally.
§2 RIGHT OF USE
The licensee is allowed to install and use the license on one Windows and/or on one Macintosh system.
The licensee is allowed to use this license on one Windows and on one Macintosh at the same time. The use of one license on more then one Windows and on more then one Macintosh system at the same time is not permitted. In the case of the terms 1 and 2 there is claiming the paragraph 31, section 3 of the UrhG (German Copyright-Law).
Excluded from these terms is the private usage (not commercial usage) of the software. In that case it's allowed to use the license on up to two Windows and on up to two Macintosh systems at the same time or on one Windows and on one Macintosh system at the same time.
The clause is also the same for Non-Profit-Organizations. Those organizations have to register themselves at the manufacturer in writing, before they buy the software. And those organizations have to buy the software directly from the manufacturer's homepage www.5m-ware.eu.
To get volume-licenses, you must contact the manufacturer/licensor and ask for that specially. The volume-license can get real by agreement only.
The software can purchased online only, without any packaging, directly by www.5m-ware.eu or from partner-pages / partner-shops. The software is for download after purchase.
In the scope of the delivery, there is only the license-data or this data will sent separately by E-Mail to the licensee. The source-code is not a part of the delivery and you have no right to get it. The licensee get right to use the software with the license-data only.
The licensee is allowed to back up the software on external media like CD, DVD or to USB-Storage-Devices as long as he/she ensures the rules of that license.
The licensee is not allowed to make any changes to the software or to any part of it without the agreement of the manufacturer. Also the translation to other languages is denied. The non-compliance of these rules is in the sense of the paragraph 39, section 2 UrhG (German Copyright-Law) inadmissible.
It is not possible to resign from that license. This license-contract can be transferred to a third person only. For that you need to send an application to the manufacturer/licensor at www.5m-ware.eu/isell/ and you have to accept all the terms their without exceptions.
The illegal reproduction (reproduction to resale) and distribution (illegal distribution via sharing services/pear to pear services within the internet and in any other way) are expressly forbidden. Also the reproduction of any expression of the program-code is illegal and expressly forbidden. Also in that case the paragraph 39, section 2 of the UrhG (German Copyright-Law) take effect.
The manufacturer/licensor keeps as the owner of the software (in the commercial and any other way) and the owner of the specific documentation to the product. The licensee is not allowed to change, remove or hide any references in the scope of the software that shows the copyright.
The software cannot be leased or lent. The transfer of the license to a third person is only allowed, if the person has read the license, has understood it and accepted the terms freely by himself/herself and if the previous licensee has no longer any copy of the license and will never keep any license-data.
The licensee is not allowed to regress the software, to de-compile or to disassemble it. The rules in the paragraphs 69d and 69e of the UrhG (German Copyright-Law) keeps unaffected.
§3 WARRANTY
Based on the regulations of the paragraph $$ 434 ff BGB (German Civil Code), the lisencor give guarantee that the software and it's documentation are matching the given specifications and that they are build with the highest and best care and technical knowledge. Because of the current state of the technology, there is still no guarantee to exclude any kind of software-errors.
The manufacturer/licensor ensures that possibly, substantially errors, doesn't matter in which way, will determined and become solved and will distributed as free updates to the licensees in short periods as soon as possible.
The ensuring lifetime is minimally unlimited, till a newer version of the software will released by the manufacturer. And if a newer version of the software has released, the ensuring lifetime will also take minimally one year.
§4 INTRODUCTION
The licensee knows that he/she has to read the user-guide of the software and become familiar with it, before he/she use the software for the first time.
The loss of pictures and other graphical data that is based on lack of knowledge (lack of familiarization), cannot be an argument to accusation or reproach.
The loss of pictures and other graphical data can be avoid, if the specific functions of the software get activated.
The licensee knows that watermark-pictures that can saved into a profile-file can get distributed with the file to each other machine. The manufacturer/licensor is not touchable, if there are copyrighted watermark-pictures distributed to other machines unknowingly, inadvertently. The licensee acts in his/her own responsibility.
The licensee knows that he/she is responsible to back up the pictures and other graphical data not only by the software, also by himself/herself manually and that he/she save the data also to external storage devices to guarantee that no data will never lose. Data-loss that happens because of non-compliance of these rules are in the responsibility of the licensee himself/herself and there is no right to accuse the manufacturer/licensor for that.
The licensee knows that errors, which are not mentioned in the help of the software, have to report to the manufacturer, so that the manufacturer get the opportunity to analyze and solve the errors.
The licensee knows that software-errors that are not reported to the manufacturer, so that he had become the chance to solve them and provide updates, are not to accuse.
The licensee knows that the period, if a report become sent to the manufacturer and the release of an update to solve the software-errors may take up to an half year.
§5 LIABILITY
The manufacturer is liable for damages that could happen because of missing properties of the software that are guaranteed/advertised from the manufacturer, but are still missing.
The manufacturer is liable for damages that could happen by intentional or by gross negligence.
The manufacturer is liable maximally with the cost of the license that he get from the licensee. Not in this amount are costs that the manufacturer had to pay for the marketing (Taxes, Online-Shop-Fees and other fees that become substracted from the purchase price). The manufacturer is liable maximally with the net amount he get from the licensee.
The manufacturer is not liable for consequential damages that could happen to the licensee by using the software.
The manufacturer is not liable to restore or replace any data that become damaged or lost by using the software.
Special rules based on this license-contract are valid if both parties (the licensee and the licensor) negotiate together, agree to common extensions that on the one hand expands the license to the needs of the licensee and on the other hand keeps the rights of the manufacturer/licensor and if this is certificated by a notary.
This license is under the terms of the German law. Any disputes from or in relation to that license-contract can be solved in the jurisdiction, where the manufacturer/licensor is registered for commercial. At the moment the jurisdiction is Dueren, North Rhine Westphalia, Germany. The jurisdiction can change any time, if the manufacturer/licensor move. For current data it's recommended to take a look to the manufacturer's homepage under www.5m-ware.eu.