d.velop license terms - d.velop AG

d.velop license terms
d.velop AG
Schildarpstraße 6-8
48712 Gescher
Fon +49 2542 9307-0
Fax +49 2542 9307-20
info@d-velop.de
www.d-velop.de

Subject matter of this Agreement
You have chosen a software product from d.velop AG. We only allow the installation of our software
upon consent to the following provisions. The present License Agreement is just one part of the contractual
agreements relating to our software. We therefore first explain how this License Agreement relates
to other agreements with us or with third parties (Section 1). Please note our obligations (Section 2) and
your rights and obligations (Section 3). Since you contact us directly to obtain updates, hotfixes and
other downloads, you will find a number of provisions governing this in Section 4. Please also read the
provisions on warranty (Section 5) and liability (Section 6). A number of important final provisions are
subsumed in Section 7.
Section 1: Relationship of the License Agreement to software purchase/software provision/support/maintenance
You can obtain possession of one of our software products in various ways. As part of this, you have
concluded a purchase agreement or another software provision agreement with us or one of our partners.
The present License Agreement does not encroach upon the rights and obligations of that agreement.
The same shall apply to support, maintenance and other agreements that have been or will be
concluded with us or third parties in respect of our product. Conversely, the rights and obligations under
the present License Agreement shall not be affected by the provisions of the purchase agreement or the
other software provision agreement.
Consequently, no warranty is provided under the present License Agreement. Your warranty rights shall
be defined solely by the software purchase agreement or the other software provision agreement or the
support, maintenance or other agreements you have concluded with us or our partner (cf. Section 5).
Section 2: Our obligations
Our software is an individual work that is the result of intellectual creation. This work is protected by the
provisions of the German Copyright Law (UrhG), in particular Section 69 a to Section 69 g. Section 69 e
of this copyright law governs the narrowly defined preconditions under which our software’s code is
allowed to be translated or copied. The first precondition for this is that any copying or translation is
indispensable for retaining the information required for establishing interoperability of an independently
created computer program with other programs. In this regard, we expressly note that the interoperability
of our software is fully ensured by means of existing interfaces that can be acquired from us.
We hereby allow you to use our product. Permission is granted to use it subject to the condition that
you use our software only on the number of workstations specified in the software purchase agreement
or other software provision agreement concluded with us or our partner. In particular, those agreements
also specify how many users can use the system concurrently. Unless otherwise stated, the number of
licenses to use the software is restricted by the license key. Permission to use the software is restricted
to the scope agreed in the purchase agreement or other software provision agreement.
For the purpose of using our software as stated above, we undertake to provide you with the license
keys required to install and run the software. We may use provisional or definitive software keys at our
discretion. By way of information: we use both software keys that principally enable use of the software,
and hardware keys that ensure that our software is securely assigned to a specific terminal device.
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Section 3: Your obligations
You agree not to copy, translate, edit, arrange, rework, disseminate or publicly reproduce our software,
unless this is expressly permitted under the provisions of the German Copyright Law or is undertaken
with our consent.You further agree to assign rights from this Agreement to third parties only with our
express prior written consent. Our software may be resold to third parties only if we consent or this is
expressly permitted in the purchase agreement or the other software provision agreement.
Section 4: Downloads / Updates / Hotfixes
Since you have chosen our product, data will probably be exchanged between you and us. This is the
case, for example, when software and hardware keys are requested and granted. It is also conceivable
that you may download updates, upgrades, hotfixes or other programs and data after installing our
software. In this connection, we make it clear that enabling of such data exchange is not based on the
present License Agreement and in particular that no contractual relationship is established with us as a
result of data exchange. However, that does not mean that there is no legal basis for data exchange.
The general conditions for data exchange are as defined in the software purchase agreement or other
software provision agreement that you have concluded with us or one of our partners. If the underlying
agreement has been concluded with one of our partners, we shall fulfill only our internal obligation to
our partner by enabling data exchange. In these cases, there shall be no personal contractual relationship
between you and us as regards data exchange.
Section 5: Warranty
We shall not grant any warranty rights as part of this License Agreement. That does not mean that you
do not have any warranty rights. We refer you in this respect to our explanations in Section 1 of the
License Agreement. Your warranty rights shall be as defined in the software purchase agreement or
other software provision agreement you have concluded with us. Whether this warranty is granted solely
by our partner or by us depends on the agreement in question.
Section 6: Liability
If we are obliged to pay compensation for damages for cause under the present License Agreement, the
level of our liability shall be limited to damage that can be typically foreseen. This limitation of liability
shall not apply if we or our vicarious agents can be accused of intent or gross negligence, if we or our
vicarious agents have violated a cardinal contractual obligation or if we are liable for injury to life, limb
or health.
Section 7: Final provisions
The law of the Federal Republic of Germany shall apply to this Agreement.
The place of performance for obligations under this Agreement shall be our registered offices.
The Borken Local Court and, if a regional court has jurisdiction, Münster Regional Court shall have jurisdiction
and venue, unless there is any special compulsory assignment to another court of law.
If one of the provisions of this Agreement proves to be invalid, the validity of the other provisions shall
not be affected thereby. The invalid provision shall be replaced by an arrangement that most closely
corresponds to the economic purpose of the invalid provision.
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