License agreement for Intrexx
Given below are the license provisions for using and operating the software product Intrexx Xtreme by United Planet GmbH referred to as United Planet below. By installing such software you declare to consent to such license agreement.Therefore, please read the entire following text carefully. If you do not agrree with the contractual provisions you are not entitled to install such software on any computer system; neither in the form of a full version, nor in the form of a test version. In such case return all parts of the acquired product (including all written material and the packaging) without any delay.
Sec. 1 Contractual Object
The object of the contract shall be the computer program recorded on the data carrier, the service program, program libraries, scripts, demonstration files, program descriptions and instruction manuals as well as any related written material. The aforesaid product parts shall be referred to as software in the following. United Planet advises that according to the state-of-the-art it is not possible to generate any software free of any errors and faultless as to any application and combination. The object of the contract shall therefore be a software which is principally usable in terms of the program description and the user instructions. The software shall be protected by the copyright laws and international copyright acts as well as by further laws and agreements regarding intellectual property. Such software shall be licensed, not sold. Upon the first installation of such software the test software may be operated for a term not prescribed during installation. The use of an unregistered version following the expiry date shall be deemed a violation of such contract. By acquiring a full version the use of such software shall be deemed unrestricted in time to the extent stipulated by the acquired licenses.
Sec. 2 Operating Scale
For the term of this contract United Planet shall grant you the ordinary, non-exclusive and personal right (referred to as license below) to operate the enclosed software copy on a server and on the number of work stations as agreed upon and stipulated within the license. Our Intrexx Xtreme(tm) partner version shall be restricted to the use of presentation purposes and the personal use of our dealers/distributors exclusively. Any further utilization exceeding the aforesaid purposes shall be deemed illegal. Following an acquisition of additional licenses the utilization rights shall be expanded to the number of licenses agreed upon in writing.
Sec. 3 Special Restrictions
The licensee shall not be entitled to pass or assign any part of the software or its written material to any third party, nor to provide any third party with any access to such software without any prior written approval by United Planet; furthermore, the licensee shall not be entitled to alter, translate, regress, decompile, deassembly such software, nor to generate any works deriving from such software; furthermore, the licensee shall not be entitled to dublicate any written material related to such software, to modify such material, nor to generate any works deriving from such material.
Sec. 4 Title of Rights
The ownership you acquire upon buying our product shall be restricted to the physical data carrier on which the software is recorded. The acquisition of any software rights shall be excluded therefrom. United Planet reserves all rights as to the publication, duplication, editing and utilization of the software.
Sec. 5 Duplication
The software and the according written material are copyrighted. The licensee shall be entitled to make one single copy for back up purposes solely, unless the software is furnished with a copy protection. The licensee shall be obliged to apply a copyright notation by United Planet to the backup copy, or include such copyright notation in the backup copy. The copyright notation by United Planet already contained within the software and the according registration numbers may not be removed. It shall be explicitly prohibited to copy or duplicate either the software, nor the written material, neither all nor part, nor in its original nor any modified versions, nor in the form of any versions composed of any other software, nor in the form of parts included in any other software.
Sec. 6 Transfer of Utilization Rights
The right to use the software may be transferred to any third party solely upon a prior written approval by United Planet and subject to the provisions stipulated under this contract. The act of donation, leasing or renting shall be explicitly prohibited.
Sec. 7 Contractual Term
The term of the contract shall be in force for an indefinite period of time. The licensee’s right to operate and use the software shall automatically expire without any notice of termination in case the licensee violates any provision stipulated under this contract. Upon the termination of such utilization right the licensee shall be obliged to destroy the original data carrier as well as any copies of such software including any modified copies or written material.
Sec. 8 Compensation/Breach of Contract
The licensee shall undertake to compensate for any damages caused by copyright infringement incurred by United Planet due to any breach of the provisions stipulated under this contract caused by the licensee.
Sec. 9 Modifications and Update
United Planet shall be entitled to issue updates according to its own discretion. United Planet shall not be obliged to deliver such updates to any licensees the software whereof is not registered; the same shall apply in the case of any due update fees not being settled..
Sec. 10 Liabilities
United Planet guarantees the data carrier containing the software to be faultless at the time of delivery. Should such data carrier be defective the acquirer shall be entitled to request a compensation delivery within a warranty period of 6 months following the delivery. In such case the licensee shall be obliged to return the data carrier, any existing backup copy and the written material. In case of such compensation delivery not being effected within due date the acquirer shall be entitled to receive compensation in the form of a
price deduction or to rescind the contract. United Planet shall not be obliged to assume liabilities for faultless software due to the reasons stated uner sec. 1 of this contract. In particular, United Planet shall not assume any liabilities either as to the software complying with the requirements and purposes intended by the acquirer, nor as to the software being compatible with the programs selected by the acquirer. The acquirer shall be fully liable for the correct selection and the according consequences regarding the utilization of the software and the planned or gained results. The same shall apply to the written material related to the software. United Planet shall not be held liable for any damages unless such damages are caused by United PlanetÂ’s intent or gross negligence. Any liabilities due to properties warranted by United Planet shall remain unaffected. Any liabilities for consequential harm caused by defect which are not covered by any warranties shall be excluded.
Sec. 11 Jurisdiction
The place of jurisdiction for any litigation subject to this contractual agreement shall be Freiburg, Germany, if the acquirer is a merchant entered in the commercial register or coequal.
Please contact us in case you need any further information on this license contract or United Planet:
United Planet GmbH
POB 1731
Germany - 79017 Freiburg
eMail: info (at) unitedplanet.com
