NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (‘AGREEMENT’), FOR THE LICENCE OFSPECIFIED SOFTWARE (‘SOFTWARE’) BY LITHO-VERLAG e.K. (‘LITHO’). BY CLICKING THE ACCEPT BUTTON OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BYAND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE.(IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.)
1. LICENCE Grant. Subject to the payment of the applicable LICENCE fees, and subject to the terms and conditions of this Agreement, LITHO hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the Software and the accompanying documentation (the ‘Documentation’). You may install one copy of the Software on one computer, workstation, personal digital assistant, pager, ‘smart phone’ or other electronic device for which the Software was designed (each, a ‘Client Device’). If the Software is LICENCED as a suite or bundle with more than one specified Software product, this LICENCE applies to all such specified Software products, subject to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any of such Software products individually.
2. Use. The Software is LICENCED as a single product; it may not be used on more than one Client Device or by more than one user at a time, except as set forth in this Section 1. The Software is ‘in use’ on a Client Device when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Client Device. This LICENCE authorizes you to make one copy of the Software solely for backup or archival purposes, provided that the copy you make contains all of the Software’s proprietary notices.
3. Term. This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Software and the Documentation.
4. Ownership Rights. The Software is protected by German copyright laws and international treaty provisions. LITHO and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software and Documentation made hereunder must contain the same proprietary notices that appear on and in the Software and Documentation.
5. Warranty and Disclaimer.
a. Limited Warranty. LITHO warrants that for sixty (60) days from the date of original purchase the media (e.g., diskettes) on which the Software is contained will be free from defects in materials and workmanship.
b. Customer Remedies. LITHO’ and its suppliers’ entire liability and your exclusive remedy for any breach of the foregoing warranty shall be, at LITHO’s option, either (i) return of the purchase price paid for the LICENCE, if any, or (ii) replacement of the defective media in which the Software is contained. You must return the defective media to LITHO at your expense with a copy of your receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period. Outside the United States, this remedy is not available to the extent LITHO is subject to restrictions under United States export control laws and regulations.
c. Warranty Disclaimer. Except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED ‘AS IS.’ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LITHO DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, LITHO MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL LITHO OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSE-QUENTIAL OR PURELY FINANCIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL LITHO BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE LITHO CHARGES FOR A LICENCE TO THE SOFTWARE, EVEN IF LITHO SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
7.High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, ‘High Risk Activities’). LITHO expressly disclaims any express or implied warranty of fitness for High Risk Activities.
8.Miscellaneous. This Agreement is governed by the laws of Germany, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. LITHO reserves the right to periodically audit you to ensure that you are not using any Software in violation of this Agreement. During your standard business hours and upon prior written notice, LITHO may visit you and you will make available to LITHO or its representatives any records pertaining to the Software to LITHO. The cost of any requested audit will be solely borne by LITHO, unless such audit discloses an underpayment or amount due to LITHO in excess of five percent (5%) of the initial LICENCE fee for the Software or you are using the Software in an unauthorized manner, in which case you shall pay the cost of the audit. This Agreement supersedes any other communications with respect to the Software and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of LITHO. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by LITHO or a duly authorized representative of LITHO. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.
9. LITHO CUSTOMER CONTACT. If you have any questions concerning these terms and conditions, or if you would like to contact LITHO for any other reason, please call +49 5692/9960682, or write: LITHO-Verlag e.K, Mittelstraße 4, 34466 Wolfhagen / Germany – E-Mail: post@litho-verlag.de). You will find our internet web- site at www.litho-verlag.de.
Date: 01.11.2007
LA-DE-01112007