egrade distribution permissions and end-user license agreement
EULA (End User Licence Agreement) Important: Please read carefully: This end user licence agreement ("EULA") is a legally binding document between you and SoUCon GmbH (SOUCON) for the copyrighted software product "egrade - the grading engine" (SOFTWARE PRODUCT). The SOFTWARE PRODUCT also includes all updates, amendments and licence keys. We draw your attention to the fact that we permit the use of the SOFTWARE PRODUCT on condition that you agree to the terms of the EULA. Every installation duplication or other use without the appropriate declaration of consent is not permissible. § 1 Extent and length of the licence agreement. 1. You are entitled to install and use the software product on just one computer. Should you access the installed software product on another computer (e.g over a network), you are obliged to acquire a separate licence from SOUCON for each computer on which the software is loaded. SOUCON also has rights over conditions not specifically mentioned in this EULA. 2. SOUCON grant you a non-exclusive licence for the use of the software product free-of-charge for a test period of 14 days from first use. At the end of this period, you are no longer entitled to use the software product unless you purchase a non-exclusive licence for permanent use from the online shop. Here you’ll find the current price list of the software products. The conditions of this EULA will still be valid on purchase. 3. Regardless of other laws, SOUCON is entitled to terminate the licence agreement in case of a fundamental violation of the conditions of this EULA or of an involvement in the violation of the copyright of SOUCON’s software product. 4. After expiry or exceptional termination of the licence agreement, you are obliged to destroy and to completely remove copies of the software product and all of its components from your hardware. Further installations and duplications are not permissible. § 2 Decompiliation The licence agreement does not entitle you to develop, to decompile or to disassemble the software product. The rules of §69 URhG remain unaffected. § 3 Duplication Rights 1. You are entitled to duplicate the software product in so far as this is in accordance with the requirements for use of the software product within the framework of § 1 of the defined licence agreement. 2. The complete or part duplication of the software product as well as the documentation is incidentally inadmissible; unless the production of a copy of the software product is for security purposes according to §69 UrhG. You must guarantee that the back-up copy isn’t used without permission for the installation, use or duplication of the software product. § 4 Transference 1. During the test period the transfer of the licence to a third party as well as the transfer of a duplication piece in any form - in particular, for selling, for renting and for hiring, is inadmissible. 2. After acquisition of a licence, you are entitled to the permanent use of the software product and to transfer this to a third party, provided that the acquiring third party gives their agreement to the validity of the conditions of this EULA and that SOUCON are made aware in writing by the third party of this agreement and of all necessary details. In this case your entitlement to the software product is relinquished (§1 Number 4). § 5 Guarantee 1. During the test period there can be no claim against removal of faults or delivery. SOUCON is however, free to fulfil such claims on a courtesy basis. 2. With regards to the permanent licence agreement, the guarantee period for private users is two years and for companies 6months. The guarantee period begins on the agreement of the licence for permanent use. 3. Companies have two weeks from the start of the guarantee period to note and inform SOUCON of any severe faults or mistakes. Failure to do so within this period would mean that the responsibility for these such errors would lie with the company and not with SOUCON. 4. Claims against the guarantee are out of the question in the case of material defect especially if the software product functions as per given instructions. Claims cannot also be made in the case of compatibility. Such malfunctions are the responsibility of the company and not SOUCON. Claims against guarantee are not allowed e.g. for hold-ups caused by the use of unsuitable working materials and environment if you haven’t followed the installation instructions or when you have carried out changes or interventions to the hardware and/or software or to the installed data unless you can prove that the defect is not causally related.5. SOUCON is entitled in the case of a fault, by their choice, to a free of charge improvement or delivery. You will also receive a free of charge updated version of the software product as long as the original invoice has been paid. For difficult errors, SOUCON can work something out with the customer until all errors are eliminated or create a solution round it if that is reasonable for the customer. Should the replacement or the improvement definitely not work out, the customer has a claim for a reduction of the cost price or cancellation of the contract. The cancellation of contract law for companies only exists for software faults if the user requires it in good faith . In the case of the cancellation of a contract § Number 4 stands. § 6 Liability of SOUCON 1. During the test period SOUCON is only liable for intent and gross negligence as well as fraud. 2. Compensation claims made by companies against SOUCON during the time of the permanent licence are out of the question unless intent, gross negligence , the lack of assured quality and cardinal obligation are in existence. SOUCON are liable with regards to both private users and companies. In the first case the sum claimed is restricted to the amount paid for the software product. 3. The liability for personnel damage remains untouched as according to the German product liability law. 4. You are expressly reminded of your responsibility to minimise data loss by making regular back up copies. In the case of non-compliance with this obligation, the repairs are limited to normal recovery work. As a minimum standard both companies and private users should be making daily back ups. 5. Should a third party make a claim against you that his industrial property rights have been violated by the software product then you are obliged to come to any legal agreement between yourselves. In the case of a lack of written law, SOUCON release you from any compensation for damages. § 7 Offsetting and Right of Retention. 1. You are only allowed to offset a counterclaim if this determined as indisputably legally valid by SOUCON. 2. Companies cannot assert a Right of Retention which is based on another contractual relationship with SOUCON. § 8 Final Clause 1. Sub-agreements, assurances and other arrangements as well as changes or additions to this contract require agreement in writing. Terms and conditions of the company are not accepted. 2. Should an individual requirement within this contract contravene legal conditions or become inoperative, this does not impede on the effectiveness of other agreements or on this contract as a whole. In this case the inoperative condition is to be replaced with one that is operative and the replaced conditions must be without loopholes. 3. The legal relationship between SOUCON and you is subject to the exclusive law of BRD and is under exclusion of the UN Purchasing Laws. 4. You are advised that the export of the software product is subject to German and American export regulations. For this the agreement of the appropriate authority can be necessary. 5. All disagreements resulting from this contractual agreement will be dealt with by the Court of Jurisdiction in the city where the headquarters of SOUCON is based. Should SOUCON wish to make a claim againstyou, SOUCON are entitled to decide which court to pursue it through.