104 lines
4.5 KiB
Plaintext
104 lines
4.5 KiB
Plaintext
LICENSE AGREEMENT AND WARRANTY
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==============================
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1. Definitions
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At this point the meaning of certain terms contained in the following
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provisions (of this agreement) shall be explained
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- authors: Werner Fehn, Schuttenhofweg 220, 52080 Aachen
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Carsten Wimmer, Trierer Str. 281a, 52078 Aachen
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- end user: the person, who uses, distributes, copies or sells the program
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or applies it in any other way, no matter if it concerns a
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natural person or a person at law
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- use: the appropriate employment of CapiTel,
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beginning at loading the executable program
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2. Subject of contract
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----------------------
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2.1 The end user is allowed to use the programm according to the following
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regulations.
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2.2 The software is owned by the authors and is protected by copyright law.
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All rights are reserved.
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The software may only be sold, copied or ditributed in unchanged version
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and with supplement of this license agreement.
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Sale, reproduction and distribution have to be free of charge. Sale,
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reproduction and application is not free, if CapiTel is distributed with
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other non-free objects, p.e. modems or journals. If this should take place
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the permission of the authors is necessary.
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2.3 The end user is not allowed to decompile or disassemble the program or
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create derivative works from the software without the permission of the
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authors.
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2.4 The end user is allowed to use the programm for free within a 60-day trial
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period. A further use outside this period requires registration.
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A single user license for a natural person grants the right to use one copy
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of CapiTel on a single computer. A licensed user may use the software on
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different computers, but must not use it on more than one computer at the
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same time. Persons at law have to acquire one license for every natural
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persons who uses CapiTel.
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2.5 Registration follows after remittance of 25,00 DM (German Marks) of 12 Euro
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to the account mentioned in ORDER.TXT. Within a following 4-week period the
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end user will recieve a registration code from the authors. If not, the end
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user has to contact the authors (at his own expense) to let them know.
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2.6 Registration guarantees the right to use the program as well as updates
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(for which the same conditions are valid).
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The authors are not obliged to develop the program or to adapt it to
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changed operating characteristics of computer hardware or systems.
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3. Warranty
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3.1 The end user is not entitled to developement or changes of CapiTel.
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3.2 The authors are only liable within the compass of german law's provisions.
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3.3 In case of errors or damage (including without limitation damages for loss
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of business profits, business interruption, loss of business information
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and equals) which do not base on missing program components, every kind
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of claim for damages is impossible. (Exept damages which occured because
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of the intention or gross negligement of the authors. If this should take
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place the end user has claim on program replacement or refund of
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license fee.)
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3.4 An end user's claim on improvement or an error-free program does not exist.
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3.5 The end user has to warrant on his own that CapiTel will be executable on
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his hard- and software. The authors give no guarantee that the program will
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be executable on every kind of hard- and software.
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3.6 The authors are not obliged to advise the end user or to support him in use
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of the program. Nevertheless the authors try to attend to messages
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concerning incompability or user problems as far as possible.
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4. General
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4.1 This agreement will be governed by the laws of Germany. Any dispute in
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relation to this agreement will be determined by the court of Aachen,
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Germany and every licensed user expressly attorns to the exclusive
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jurisdiction of the german courts.
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4.2 If any provision of this agreement, including the breadth or scope of such
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provision will be held by any court of competent jurisdiction to be invalid
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or unenforceable, in whole or in part, such invalidity or unenforceability
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will not affect the validity or enforceability of the remaining provisions
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of this agreement. Such remaining provisions will remain enforceable and
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binding. Such invalid or unenforceable parts will be replaced by (valid or
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enforceable) corresponding parts or regulations.
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4.3 Provisions different to this license agreement have to be stipulated in
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writing. This is also possible by using a telefax.
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