Copyright (c) 2008-2014 Glueck & Kanja Consulting AG
Introduction - This is the license agreement between the end user (below “user” is defined as either an individual person or a legal person) and the Glück & Kanja Consulting AG, Kaiserstraße 39, 63065 Offenbach, Germany (below “Glück & Kanja”) about the right to use (license) for all Glück & Kanja products and their respective demo-versions. While the license agreement covers the legal aspects of all of these products, it is only valid for the product or products (below “product”), which the user has received free of or with charge from Glück & Kanja or a distributor.
Copyright/Reproduction - All Glück & Kanja products, including the complete documentation, are protected by copyright. However, the user is entitled to either (a) make one single copy of the software product solely for back-up or archiving purposes, or (b) to transfer the software product to one single hard disk, provided the user keeps the original for the sole purpose of back-up or archiving.
Grant of General License - The user, who has purchased a general license for a product for a respective fee from Glück & Kanja or a distributor, is entitled to operate one copy of the product on any computer, provided that the product is in use on only one computer at any given time. The product is in use on one computer if it is loaded in a temporary data medium (e.g. RAM) or saved on one non-volatile memory (e.g. hard drive, CD-ROM, or another data medium) of this computer.
Multiple-Shift Usage and Network Use - The use of the product within a network or another multi-station computer system is not permitted, unless the possibility of simultaneous multiple-shift usage of the product is created. If the user would like to use the product within a network or another multi-station computer system, he must prevent a simultaneous multiple-shift usage through access protection mechanisms or purchase a special multi-user license. If a user has purchased a multi-user license for a product, the number of the permitted uses increases depending on the multi-user license. If the possible number of users in a network exceeds the number of permitted users of a multi-user license, the user must make arrangements that assure that only the permitted number of users can use the program simultaneously.
Varying License Models - If a special license model is agreed upon with an enterprise within the context of a contract, these special provisions are valid in reference to the number and use that differ from the above mentioned provisions through the contract transferred licenses.
Grant of Demo License - When dealing with a demo-version of the product (also “Evaluation Copy”, “Beta Version”, “Pre-Release Version”, etc.), the user receives a temporary right to use a copy of the product on any computer, provided that the product is in use on only one computer at any given time. If the product is a pre-release version (also “Beta”, “Preview”, “Technical Beta”, “Technical Preview”, “Release Candidate“ etc.), then this license loses its validity with the release of the final version of the same product. If the product is a free test version (“Evaluation Copy” etc.), this license expires thirty (30) days after receipt (e.g. download); the license cannot be extended through renewed receipt or downloading. Glück & Kanja reserves the right to withdraw every temporary license without giving a reason.
Software in Different Versions - If the transferred software covers many versions (e.g. different language versions, operating system versions), the user may only use one version of the supplied files for this software. The user may not use the other versions on a different computer or computer network, nor may he rent, loan or transfer them to any other user, unless a part of a transfer or use is expressly permitted in this license. If the software is an upgrade or should this be increased to an upgrade, the software may only be used together with previous versions or transferred. Every transfer of the license to a third party must contain the newest upgrade and all previous versions.
Resale, Rental and Leasing - The user may not resale, rent or lease the software to a third party for the purpose of purchase. The user may sell the product to a third party, provided that the third party agrees with the present terms of this agreement and agrees that all terms of this agreement also apply to him. In case of a transfer, the user must hand over all program copies of the software including available security copies where applicable and the entire written corollary material and/or destroy the copies that are not handed over to the third party.
Reverse Engineering, Decompilation und Disassembly - The user is not authorized to reverse engineer, decompile or disassemble the software product, unless and only if the applicable law, regardless of this restriction, expressly permits this.
Support. Glück & Kanja assumes responsibility for technical support for the product, which the user has purchased from Glück & Kanja or a distributor. The user can contact the support team only via e-mail at email@example.com. Support for every license packet is limited to a (1) contact person and a (1) representative on the customer side and stretches exclusively to product-conditional installation problems and debugging, along with that, support from Glück & Kanja is voluntary.
The claim to support expires when one of the following conditions has been reached:
i) Six (6) months after purchase of the product
ii) Three (3) months after a later version of the product (Major Release) is released from Glück & Kanja.
Glück & Kanja offers further support extensions over the standard support. These are liable to costs and regulated through a separate contract. Owners of a demo-license as well as a freeware edition have no claim to support from Glück & Kanja. However, support is available for these versions and is liable to cost.
Warranty. Glück & Kanja warrants that the products primarily fulfill the main functions in line with the documentation and correspond to the recognized rules of the technology as well as making sure that the products are not inflicted with mistakes that cancel or reduce the value or the efficiency of the purpose described in the documentation.
Faults in the software including the documentation and other documents are remedied within the warranty period of twelve (12) months after delivery (e.g. download) according to corresponding notification through the user. It is Glück & Kanja’s or the distributor’s option whether this will be done through subsequent improvement or replacement.
When an improvement or replacement fails, the user is entitled to a refund of the price paid (if any) for the product or reduction. In the case of refund of purchase price, the user must return the product to Glück & Kanja or a distributor along with a declaration that all other copies of the product were deleted. Demo versions (also “Evaluation Copy”, “Beta Version”, “Pre-Release Version”, etc.) that were available for the user at no charge, do not fall under the warranty for the full version. Such versions are available as restricted functioning versions. Please note that free test versions should only be deployed in designated testing environments.
Liability. Glück & Kanja shall be liable without any limitation for damages due to defects of the missing of warranted characteristics. Liability for initial inability, delay or impossibility shall be limited to the amount actually paid by the user for the product as well as to such damages that have to be reckoned with the typically occur in the context of making available of software. In any other circumstance, Glück & Kanja shall be liable only for intent and gross negligence, including its legal representatives and vicarious agents, unless a specific obligation of Glück & Kanja is involved that must not be infringed and must be complied with for its major importance for the achievement of the contractual purpose (cardinal obligation). In case of an infringement upon a cardinal obligation, the company shall also be liable for slight negligence. However, the limitation of liability for initial inability shall be considered accordingly.
The user must take notice in carrying out data protection with due diligence. Glück & Kanja is not liable for damage that occurs due to data loss, unless such damages, that also would have ensued with correct data protection.
Third party rights - Glück & Kanja does not guarantee that the use of the license does not interfere with third party trademark rights or copyrights or that a third party does not cause damage to it, as long as Glück & Kanja regulations to the contrary or third party damage are not known.
Should this agreement contain a loophole or if any of the provisions of this agreement are invalid, ineffective or unenforceable, that will not affect the validity of the remaining provisions.
The user verifies that he has read, understood and accepted these license conditions. The user also verifies that this license agreement represents the only and exclusive agreement between the user and Glück & Kanja, which suspends all previous written or oral proposals or agreements, as well as all previous product-relevant communication between the user, Glück & Kanja and its distributors.
This agreement will be governed exclusively by German law. The application of the UN Sales Convention (CISG) is explicitly excluded