The following definitions shall apply to this license agreement:
1.1 "simplitec Product" refers to the product licensed under this agreement, consisting of Software and, if applicable, additional Contents.
1.2 "Software" refers to the computer program in object code format contained within a simplitec Product, including all updates and Upgrades, with the exception of provided Contents.
1.3 "Computer" refers to any physical or virtual device that can process data with the assistance of a programmable calculation specification (e.g. PC, laptop, workstation, an instance of a virtual machine, etc.) in conjunction with a CPU or multi-core processor. The following applies to networks: if several network Computers have access to a server on which the simplitec program is installed, each of these network Computers (workstations) counts as a Computer for the purpose of this license agreement. In such a case, a separate license is required for each network Computer.
1.4 "Upgrades", for the purpose of this agreement, are supplementary versions of a simplitec Product.
1.5 "License Seat" refers to the license assigned to a specific Computer belonging to the customer following activation of the simplitec Product.
1.6 "License term" refers to the contractual use duration of the simplitec product. It begins with the first-time activation of a serial number and ends at the expiration of the time period indicated in the specific offer.
2. Contract purpose
2.1 Under the conditions laid out in this agreement and for the duration of the contract, simplitec grants you (the customer) the non-exclusive and non-transferable right to use the respective simplitec product on the number of computers specified in the serial number. The software may also be used for commercial purposes. simplitec retains ownership, copyright and other proprietary rights related to the Software. You (the customer) acknowledge simplitec's ownership as well as all proprietary rights to the Software, backup copies and documentation. The buyer of the Software is solely responsible for the proper contractual use of the simplitec Product.
2.2. With regard to Upgrades, the following applies: Only owners of the basic product are authorized to receive each upgrade. Use of an upgrade depends on you being the owner and user of the basic product. An isolated circulation of an upgrade to third parties is not permitted.
3. Installation and activation:
3.1 Together with the simplitec Product you will receive an individual serial number which you must enter during installation. Online activation is also required. Using the serial number, you can activate the simplitec Product for the number of Computers specified in the serial number; each Computer will be assigned a License Seat. If the number of License Seats specified in the serial number is exceeded, a license seat must be deactivated in order to activate the product again.
4. License verification
Individual simplitec Product licenses have to be validated periodically. This ensures that the original Software is being used and that it is being used according to the license terms and conditions. This requires an Internet connection.
5. Prohibition to copy and rent; amendment prohibition
5.1 You are prohibited from copying the simplitec Product and the written documentation either partially or in its entirety. Creation of a Software copy for back-up purposes is excluded from this provision.
5.2 The simplitec Product as well as the written documentation cannot be commercially rented out or commercially lent in any other form to a third party in exchange for payment. This also applies to lending of the Software in a pre-installed form on a Computer that is commercially offered to third parties in exchange for payment.
5.3 In accordance with Sec. 69d & e UrhG (German Copyright Act), you may not make any changes to the licensed Software, personally or by third parties. You may not disassemble the Software into its components, nor modify the object code, decode, copy or use it in any way other than that foreseen in the contract.
6. Transfer and subsidiary agreements
The transfer of rights and obligations under this license contract to third parties is only permitted on authorization from simplitec with the exception of personal transfer of the legally acquired simplitec product by the rightful owner. Transfer of a legally purchased simplitec product in this manner requires that all authorized backup copies are destroyed, all installations are removed, and that the third party agrees to these license terms and conditions.
7. Guarantee and liability
7.1 You are aware that state of the art Software programs and associated documentation may contain errors, and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all customer requirements, or error-free in conjunction with all third-party programs and hardware. simplitec provides no assurances of particular features and usability related to planned customer-specific applications.
7.2 In case of paid products and services, simplitec is only liable to slight negligible damages incurred by it or its assistant(s) if a duty is violated, even if it is extra-contractual, the adherence to which is of special importance in order to be in compliance with contractual use (Cardinal duty), as well in cases of damage to life, body and health.
7.3 For non-observance of a cardinal obligation, the liability is limited to the damage which must be typically expected within the scope of this agreement if there is no intention or gross negligence or if simplitec must incur liability because of fatal injury, physical injury or health hazards.
7.4 simplitec shall not be liable for damage which can be controlled by the other contracting party or which the other contracting party could have prevented by taking measures which can be reasonably expected of it. simplitec is liable for data loss only to the extent of costs incurred during restoration if backups are available.
7.5 In any event, simplitec's liability is limited to four times the amount paid for the license fee by the customer. This exclusion does not apply to damage caused through intent or gross negligence on the part of simplitec.
7.6 In case of paid products and services, the guarantee against deficiency in material and defects in title is limited to fraudulent concealment of defects by simplitec in consideration of free licensing of the product. Otherwise, simplitec's liability is limited to instances of premeditation and gross negligence in respect to free licensing.
7.7 Statutory liability in case of personal damages and damages pursuant to the Product Liability Act remains unaffected.
7.8 A change in the burden of proof to the disadvantage of the customer is not related to the foregoing provision.
7.9 Insofar as simplitec Products contain functions that operate via an online server, simplitec retains the right to end the offering at any time. Availability will not be guaranteed.
8. License conditions of other manufacturers
simplitec offers electronic Internet support during the warranty period in English and German. This encompasses clarification of installation questions and installation problems by Internet or email. The rendering of support is at the sole discretion of simplitec and is not connected with any guarantee or warranty.
10.1 This agreement constitutes the entire agreement of the parties regarding the contract purpose. Collateral agreements shall not exist. No verbal or written statements made by simplitec or any simplitec employee may alter or bring into question the validity of this license agreement.
10.2 Should one or more of the conditions in this agreement be or become invalid, this will not affect the validity of the remaining agreement. A substitute provision will replace the invalid condition, such as comes closest to the intended purpose. The contract is subject to the law of the Federal Republic of Germany.