LICENSING CONDITIONS, as of 10/01/2004
The contractual conditions for the use of EUROCONSULT software are listed below.
If you install EUROCONSULT programs, you also accept the license conditions listed below.
The subject of the agreement
The software package is a “work” in the sense of copyright law, which is protected by copyright. Insofar as the licensor does not own the intellectual property rights to the software package, he has rights that permit the transfer and use by third parties.
Scope of use
The right to use the software package is unlimited in time. It only applies to one installation, i.e. use on one computer system (only one CPU) is permitted. Multi-user versions, which can be used on any number of CPUs within a network, are an exception to this rule. It does not matter whether the software package has been adapted, changed or integrated into another software package. If multiple copies are desired for different installations, multiple licenses are to be taken (for reduced license fees). The right of use also includes the right to obtain new or modified versions of the software package at a reduced license fee. The right of use only comes into effect upon receipt of the legally signed license agreement or the registration card by the licensor. Specific Restrictions Licensee is prohibited from:
a) to hand over the software or the associated written material to a third party or otherwise make it accessible to a third party without the written consent of EUROCONSULT,
b) modify, translate, reverse engineer, decompile, or disassemble the software, create works modified from the software or reproduce the written or derivative works without the written permission of EUROCONSULT.
Special Provisions for EUROCONSULT Sports Software Products
The right to use this software only includes such uses where the licensee is the host and/or organizer and the leaderboard management is only for the licensee himself. The right to use this software does not apply to startup communities. These must acquire a separate license. EUROCONSULT Thomas Göpel reserves the right not to sell a license to certain persons, clubs, start-up communities, companies, or others.
This license is valid until it expires. The license will automatically terminate without notice from the licensor if the licensee fails to comply with the terms of this license agreement. Upon expiration of the license, Licensee must destroy all copies of the purchased Software.
Duplication / Copies
If the software is not provided with copy protection, the licensee is only permitted to make a single reserve copy for backup purposes. He is obliged to attach the EUROCONSULT copyright notice to the reserve copy. A copyright notice in the software and registration numbers included in it may not be removed. Further copying or duplication is expressly forbidden. Transfer of the right of use The right to use the software can only be transferred to a third party with the prior written consent of EUROCONSULT and under the conditions of this contract. Giving away, renting, and lending the software is expressly prohibited.
Compensation for damages in the event of a breach of contract
The licensor points out that the licensee is liable for all damage due to copyright infringements that EUROCONSULT incurs as a result of breaching these contractual provisions. Twenty times the license fee (as a minimum) is agreed upon as the contractual penalty.
We draw your attention to the fact that, given the current state of technology, it is not possible to create software in such a way that it works error-free in all applications and combinations. The warranty for the software package is limited to replacing defective data carriers. No guarantee is given for specific properties of the software package or that it meets the specific requirements of the licensee. Licensor is not responsible for any loss or inaccuracy of data and shall not be liable for any consequential damages.
The place of jurisdiction is the place of business of the licensor. If individual parts of the contract should be declared invalid in court, they will be replaced by parts that are economically equivalent. The remaining parts remain unaffected. Oral ancillary agreements must be in writing.
EUROCONSULT Thomas Göpel / Höhenkirchen, Germany
Euroconsult CRC LLC / San Jose, CA, United States of America