Software License Agreement
Product Name: SoftService Installer
IMPORTANT: PLEASE READ CARFULLY!
This software licence agreement for "SoftService Installer" is a legally binding contract between you as the registered representative of a company and SoftService GmbH for the SoftService software product (described in detail above) comprising the computer software and any media, printed material and "online" or electronic operating instructions relating to the software (the "software product"). By installing, copying or otherwise using the software product, you declare your full acceptance of the conditions of this software licence agreement. If you do not agree to the conditions of this software licence agreement, do not install this software product but instead return it to SoftService within 14 days for a full refund of the licence fee.
Software product licence
This software product is protected by copyright (by national law and by international agreements). This software product has not been sold to you, but has been supplied to you under licence.
Number of licences:
Owner of licences:
Licencekey:
Para. 1 GRANTING OF THE LICENCE
This software licence agreement provides you with a licence as a registered user with the following rights:
(1) Software usage
This software product may only be used on one computer. This software product or an earlier version for the same operating system may be installed and a copy of it used on a single computer. The software may be used on any hardware in your possession. However, if you change the hardware, the software product must be deleted from the mass storage device on the hardware previously used. The import, stock-holding or use on more than one piece of hardware simultaneously is not permitted. Following installation of the software, use of the software product shall be restricted to the hardware (CPU) on which the software was initially installed. An exception applies to situations where the user wishes to replace or upgrade the hardware system being used. Commercial preconfiguration on more than one workstation is not permitted.
(2) Storage and network usage
You are also permitted to save or install one copy of the software product on one storage device, e.g. a network server, but solely for the purposes of installation or the use of the software product via a network on other computers belonging to you.
However, in this case a licence must be purchased for each user accessing and using the software product via the storage device. A licence issued for the software product must not be used in the same firm simultaneously on multiple computers or otherwise distributed within a company.
(3) Licensing
The purchase price and the associated usage rights are determined on the basis of the number of workstations on which the product is to be used. On purchasing the product, you are required to inform SoftService of the number of workstations on which the product is to be used.
Para. 2 DESCRIPTION OF FURTHER RIGHTS AND RESTRICTIONS
(1) Restrictions relating to reverse engineering, decompilation, disassembly and program modifications
The software product must not be modified, subjected to reverse engineering, decompilation, or disassembly, unless these actions are absolutely necessary in order to obtain information which permits interoperability with an independently developed computer program. This interface information may be requested from SoftService. Information acquired via a measure of this nature must not be used for purposes other than to establish interoperability and must not be forwarded to third parties, in so far as this is not required to ensure interoperability.
The software product is licensed as a complete unit. Its component parts must not be separated in order to use it on more than one computer. The removal of copy protection or similar security routines is not permitted under any circumstances. Copyright notices, serial numbers and other features used for program identification must not be removed or changed in any situation.
(2) Software not intended for resale
If the software product is labelled "Demo Version", "Nicht zum Weiterverkauf bestimmt", "Not for Resale", "NFR", "Probeexemplar" or "Evaluation Copy", the software product must not be used for commercial purposes, must not be resold or otherwise passed on in return for an equivalent value, regardless of other conditions given in this software licence agreement. Use for commercial purposes is also deemed to be the case if the software product is used to produce computer software for public sale. These versions may only be installed on a server. The number of CPUs installed with this version is limited to five.
(3) Rental
The software product shall not be rented, leased or lent to any other party.
(4) Third party sales
All of the rights assigned to you under this software licence agreement may be resold in full on a permanent basis to third parties, assuming that
(a) You do not retain any copies (of the entire software product or individual parts of it), you forward the entire software product (including all accompanying material, on digital media or in printed form), upgrades, permanently and in full to the receiving party and the receiving party has first declared its agreement to observe all the conditions given in this software licence agreement. If the software product is an upgrade, all previous versions of the software product and all accompanying rights must be transferred, assuming you own them. The software product must not be passed on to third parties if there is genuine suspicion that the third party would infringe the contract conditions, in particular in terms of making illegal copies. In the event of resale of the software product, you are required to provide SoftService immediately with the name and the full address of the purchaser in writing.
(5) Service
Support services relating to the software product are available from SoftService. The conditions and usage of these support services are based on the standard maintenance agreement. In so far as software codes are supplied as part of the support services, they shall form part of the software product and are subject to the terms and conditions of this software licence agreement.
Technical information which you provide as part of the SoftService service, may be used by SoftService for business purposes, including for product updates and product development. SoftService will may every effort not to use such technical information in a form which indicates that it originated from you.
(6) Notice of termination
Without negating other rights assigned to SoftService, SoftService shall be permitted to give notice to terminate this software licence agreement, if you do not observe the terms and conditions. In the event that the agreement is terminated, you are required to destroy all copies of the software products and its components. You hereby grant SoftService the right, with or without notification, to observe your activities accessible via the SoftService website in order to check the processes in the software product and to check that the conditions of this software licence agreement are being observed. For this purpose, SoftService shall also be permitted, amongst other things, to track your installation, your usage and reproduction of the software product from outside via the Internet.
Para. 3 UPGRADES
If the software product is identified using a label or in any other way, it may only be used if you are already a licence holder for a product which is recognised by SoftService as upgradeable. A software product which is labelled or otherwise identified as an upgrade by SoftService replaces or supplements the original upgradeable product. The upgraded product may only be used in agreement with the terms and conditions of this software licence agreement. If the software product is an upgrade for only one part of the software package licensed to you as a single product, the software product may only be used or transferred as a part of the single product package. The upgrade must not be separated from the original software product for use on more than one computer.
Para. 4 COPYRIGHT AND TRADEMARKS
The software product (including all diagrams, photographs, animation sequences, video, audio, music and text components and applets which form part of the software product), and all trademarks and usage rights associated with them, the accompanying printed materials and all copies of the software product are the property of SoftService.
The copyright and trademarks of this software product are protected by national law and by international contractual agreements. For archive purposes, the software product must be treated as any other work protected by copyright, and you are not permitted to reproduce the printed material accompanying the software product.
The notices on the SoftService copyright and trademarks must not be removed from, modified or altered on the software product. This relates in particular also to the notices on the packaging and the data media, in the SoftService setup wizard dialog or "About" box, in the runtime messages, in notices appearing on the website or which are accessible via the Internet, and/or in codes or other formats originally included in the software product or created by it.
Para. 5 SOFTWARE ON MULTIPLE DATA MEDIA
It may be that you have received the software product on multiple data media. Regardless of the type and size of the media you have received, you may only use one medium which is suitable for your computer. You are not permitted to use or install the unused data media on other computers.
This also relates in particular to portable computers in the sole possession of the registered user. The unused data media must not be lent, rented, leased, or transferred to another user in any other way, except as part of a permanent transfer of property of the software product (as provided for above).
Para. 6 MISCELLANEOUS
1. This software licence agreement shall be subject to German law. The court of jurisdiction shall be agreed as the court having jurisdiction over SoftService. Should you have any queries relating to this software licence agreement, or if you would like to contact SoftService for any other reason, write to: SoftService GmbH, Am Gierath 20d, D-40885 Ratingen, Germany (or fax +49-2102-77086-27, e-mail to: info@softservice.de).
2. The licence holder shall also agree that his company name, where appropriate including the logo and URL, may be included in our customer list which is used for advertising purposes.
Para. 7 WARRANTY
1. The suitability of the software for the contracted usage shall be guaranteed in terms of the description of functions. The service specifications included in the documentation shall be guaranteed automatically.
2. The warranty period shall be 24 months.
3. If the software does not conform to the service specifications described in the documentation, the licence holder shall inform the licensor in writing. The licensor shall then fulfil the guarantee with free of charge improvements or by supplying a functional piece of software.
If the licensor does not rectify the situation within a reasonable period following receipt of written notification, the licensee shall be authorised to request either a reduction in fees or a revocation of the agreement for the software in question, as preferred, including any maintenance agreements for that software.
4. The licensor shall be authorised to reject advice, fault analysis and debugging work if required for anything but the last or the penultimate software version. This shall not apply if no improved versions have been offered to the licensee.
Para. 8 LIMITED LIABILITY
1. The licensor guarantees that he is authorised to grant the basic right of usage provided in this agreement to the licensee. Should it be asserted by third parties that the customer has by his contracted use of the software infringed their commercial property rights or rights of competition, SoftService shall dispute claims of this nature or release the licensee from any negative implications.
2. The licensor shall accept liability for gross negligence and negligence with intent to a maximum sum of the order total. The relevant legal stipulations shall also apply.
COPYRIGHT
Copyright 1997-2007 by SoftService GmbH. All rights reserved.
TRADEMARKS
SoftService Installer is a registered trademark of SoftService GmbH.
Microsoft, Windows NT are trademarks of the Microsoft Corporation.