End User License Agreement for software of digitronic computersysteme gmbh (digitronic)
IMPORTANT – PLEASE READ CAREFULLY: This digitronic License Agreement (“dLA”) is a legal contract between you (either as a natural person or a legal entity) and digitronic for the above mentioned digitronic software, which includes the computer software as well as possibly accompanying media, printed materials and documentations in “online” or electronic format (the “Product”). By installing, copying or otherwise using this Product, you accept to be bound by the terms and conditions of this dLA. If you do not accept the terms and conditions of this dLA, you are not allowed to install or use this Product.
This Product is protected by copyright laws and international copyright treaties as well as other laws and agreements concerning intellectual property. This Product will only be licensed, not sold.
By means of this dLA you are granted the following rights:
You may install and use this Product in accordance with the license purchased. The rights to use a test version of the Product are limited to 30 days.
You may make and distribute copies of the Product, provided that
- each copy is unaltered and complete, including the digitronic setup program and all notices concerning the protection of copyrights and trademarks;
- the Product will only be distributed as part of your own software application (“Application”);
- you do not allow your end users to further distribute the Product;
- you do not use the name, logo, or trademarks of digitronic to promote your Application;
- you include a valid notice of copyright in your Application;
- you agree to release, indemnify and hold digitronic harmless from and against any claims or lawsuits, including attorney’s fees, due to or arising out of the use and/or distribution of your Application; and that you pay the license fee.
Description of other rights and limitations
You may not reverse engineer, decompile or disassemble the Product.
You may not rent, lease or loan the Product. You may not use the Product on a computer for which a license has not been granted.
You may permanently transfer all your rights granted by this dLA, provided that the other party agrees to the terms of this dLA. Regardless of any further rights, digitronic may terminate this dLA if you fail to comply with any term or condition of this dLA. In such event, you agree to destroy any copies of the Product and all of its components.
All rights, including, but not limited to, copyrights of the Product and all copies of it lie with digitronic or their suppliers. All rights, including rights of ownership of the intellectual property of the contents which will be made available by the use of this Product, are the property of the respective owner of those contents, and they may be protected by applicable copyright laws or other intellectual property laws and agreements. This dLA does not grant you the right to use such contents. Digitronic reserves all not specifically granted rights.
Limitation of liability
digitronic does not warrant that the Product will operate on every computer, in every environment or with every other program.
Neither will digitronic be liable for any damages due to the use of this Product, including any loss of profits, any interruption of courses of business, any loss of data as well as any other material and/or non-material losses and consequential damages.
The requirements for warranty cover a period of 24 month, from the legal warranty beginning.
The software law covered by the contract is designed for a variety of possible applications and cannot consider every thinkable use case in all its items.
Item of the warranty is the only the software version delivered by digitronic. Errors in the software which are attributed to subsequent interventions of users or third persons are not item of the warranty as well as errors in the operating system of the user or third products.
digitronic warrants that, by the time of delivery, the system CD is free of defects in materials and workmanship.
digitronic further warrants that the program is recorded free of errors on CD. digitronic does not grant any warranties of the fitness of the Product for any particular purpose.
digitronic assumes liability for the Product as being free of a third party’s rights which will limit the use of the Product.
All drivers for keyboards, card readers, and other authentication devices which can be found on the CD are subject to the license conditions of the respective hardware producers.
If a system CD is defect on delivery, digitronic will replace the Product free of charge, provided that the defect will be reported within 3 months from the date of purchase. No other warranties are granted, whatever the legal justification may be, unless digitronic acted on purpose or gross negligence.