XIMA MEDIA GmbH
represented by business executive
Sascha Tom Weber
and the XIMA® FORMCYCLE buyer
The XIMA® FORMCYCLE software is provided to you with a license agreement specifying what the licensee may do with this software and how the warranty limitations and claims for damages are regulated.
By installing and using the Software, the Licensee confirms that he has read, understood and agrees to the License Agreement.
To the extent that this Agreement has not been understood in one or more respects, the Licensee shall not install, distribute, use for the purposes of the Licensee or otherwise. The licensee will not receive a license for this software in the case.
2) Exclusion of fields of application
The software may not be used without the prior written consent of the licensor Computers are installed and operated mainly or partially in the following areas be used:
- In traffic monitoring, traffic control, traffic navigation or traffic communication (e.g., air travel, rail traffic).
- in the design, construction, maintenance or operation of any atomic, biological or chemical facility.
- in the design, construction, maintenance or operation of power plants.
- in the design, construction, maintenance or operation of structures.
- in medical facilities, doctors' offices and hospitals.
- in all areas where human or animal life is directly or indirectly at risk is.
- in all areas where software failure can result in material or immaterial damage or loss.
- in class work or study exams or other tests.
Also a use of the software on individual computers in o.g. Context requires review and approval by the licensor.
3) License agreement
- The seller will provide you with the XIMA® FORMCYCLE software, as well as documentation and sample files (all collectively referred to as the 'product' or 'software') and allow you to use the product in accordance with this license agreement. The copyright and all other rights to the product remain with the licensor, who is not necessarily the seller or sellers. The software XIMA® FORMCYCLE consists of Java source code with copyright notices.
- For unlawfully removing the copyright notices and decompiling the source code a contractual penalty in the amount of 100,000, - Euro is agreed. A higher proven Damage can also be claimed. In addition, if necessary, expenditure-side Copyright notes in the forms or applications provided, which also not may be removed.
4) You are allowed to:
- Use the program only on a single computer or network and on this install only once.
- Make a copy of the Program for your archive or backup, and transfer the Program to another person, but only if you transfer all rights under the License Agreement, if you terminate any use of the Program, delete or destroy all copies of the Program (the also applies to copies made on any 3 storage medium) that you made while using the program and if the other person agrees to the terms of this license agreement.
- If this product is an upgrade to another product, use or transfer this product only in conjunction with the other product unless you destroy it. If it is an upgrade, you may only use it under this License Agreement.
5) You must not:
- apply or copy the product other than as permitted in this license agreement.
- remove the copyright notices in source code and documentation.
- use or decompile the source code of the software in whole or in part for its own software development or copy the functionality of the software as a basis for the development of similar software.
- rent, rent, lease or lease the product except as provided for above transfer.
- the program or changes completely or partially into another program insert.
The license is valid for the entire duration of your use of the product. However, it will lapse as soon as the licensee violates one or more points of this agreement or conditions. If so, the licensee agrees to immediately destroy all copies of the product. However, the warranty and liability limitations below remain in effect even if the license agreements have become obsolete.
7) Warranty and Liability Limitations:
- The product will be provided to you based on the current condition.
- Due to the need for an individual configuration and the required Knowledge in the installation, commissioning and operation of a complex Software and the qualifications required for it, is provided by the copyright holders and The seller assumes no warranty, provided the installation of the buyer itself is made.
- Without further configuration and adaptation to the required purpose (e.g., installation and Adaptation), it is not possible to use the software for the required purpose. The full, unrestricted liability goes with the installation of the software on those about installing and using the software.
- Upon express request and against separate calculation, the seller or installed a company commissioned by the seller uses the software and thereby assumes liability and ensures a faultless installation of the software.
- This license also excludes warranty claims of fitness for a particular purpose, 4 or such by implied law, regulation, business use or Trade, but is not limited to this. The entire risk in relation to the results and performance of the program lies with the buyer or at the one who installs and puts the software into operation.
- Neither the copyright holders nor the seller have any liability whatsoever Buyer or any other person or institution for any indirect, accidental, special or consequential damages. This also applies to damage lost profits, lost or damaged data or for other commercial purposes or economic losses, even if the copyright holder or the seller is on the possibility of such damage has been pointed out or was foreseeable, or for claims of third parties. In any case, liability for the seller is based on the amount limited, the buyer has paid for the product.
- The limitations of liability specified herein apply regardless of whether the alleged or actual breach of contract affects a fundamental condition or contractual agreement, or is a fundamental breach of contract.
8) Other provisions:
- This license is the entire contractual agreement between the copyright holders, the Seller of the software and the buyer and licensee of the software.
- It overrides any other oral or written contract or agreement and may only be amended by written and signed contract. The license agreement is determined and prepared in accordance with the laws of the Federal Republic of Germany.
- If any provision of this License Agreement is declared invalid, illegal or unenforceable by any ordinary court, this provision shall be excluded from the license agreement. All other provisions remain in force.
- Jurisdiction is Dresden, Germany.