WinFonie Mobile v1 distribution permissions and end-user license agreement
Software license terms
as at 2007-09-20
These software license terms have been translated from the only authoritive German version: http://www.bertels-hirsch.de/de/license
These license terms are the agreement between us, Bertels + Hirsch GbR, and you, licensee, about usage of our software products.
§ 1 Software license
Unless otherwise agreed in writing the software must not be installed on multiple systems or multiple times on the same system at the same time. Multiple or remote access to the software (e.g. by using a terminal server) is not allowed.
Licenses might contain personal data of the licensee.
§ 2 Liability for defects
Liability for loss of profit, damage to property or financial loss is excluded. Our liability exclusions and limitations hold for personal liability of employees, representatives and vicarious agents, too.
Preceding limitation of liability does not apply for damage caused by intent or gross negligence, nor for damage to persons. Furthermore the limitation does not apply if the orderer lays claim concerning German Product Liability Act (§§ 1, 4 ProdHaftG). Product liability is excluded for commercial or institutional customers.
Unless otherwise agreed in writing our software must not be installed on devices with a safety, security or contingency risk (including server machines). At current state of the art we cannot rule out the possibility of defects or conflicts with other software completely. Full data backup is necessary before installation. The data backup needs to be up-to-date and available each time the software is run -- data of cell phones and other attached devices included.
§ 3 Verification
The software will have to be verified. Verification is a check of validity of the used software license. The following data will be used: way of verification (via internet or via website), license number, installation id, date and time of verification and ip address. If the result of verification is that the software usage violates this license terms, we reserve the right to block this license and to claim compensation. Verification will be done when a license is installed and during update checks.
§ 4 Other provisions
Free software is provided "as is" without warranty of any kind.
Notations in the software or enclosed files may be trademarks of respective owners.
§ 5 Applicable law
All agreements are governed by German law excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
§ 6 Severability clause
In the event of one of the above provisions being invalid, either in part or in full, or impracticable, the validity of the other provisions shall not be affected.
kein Vertrieb ohne Genehmigung,
no distribution without permission