PapeRobot 3.0

EULA - End User License Agreement

*** English Version ***

End User Licence Agreement (EULA)

About the usage of PapeRobot® Software as a licensed full version (Basic Edition)
Important remark:

With the installation, copying and activation or any other use of the software you will agree to the following conditions. If you do not agree to the conditions, then you must not install the software. You must then abort the download and delete all installed files from your computer.

Manfred Maier, EDV Dienstleistungen does not accept general contract conditions of the customer (called as the licensee). The admission of such general terms and conditions is expressly contradicted.
Preamble

This software license contract (in the following designated as EULA) is an agreement between the licensee (registered user on one?s own behalf or as a registered representative of a company, office or institute) and the licensor Manfred Maier, EDV Dienstleistungen (in the following designated as licensor). The following conditions regulate the abandonment of software independent thereof, whether it is provided on a data carrier or as a download from a computer network.
1. Definitions

Licensor:
Manfred Maier, EDV Dienstleistungen
Auschlößlstr. 13
D-86633 Neuburg/Donau

Fax: +49-8431-617633
Tel.: +49-8431-617633
E-Mail: info@paperobots.com
Internet: www.paperobot.com

Software:
The term "Software" encompasses the computer software, the appropriate media, printouts, documentations, electronic manuals. The term "Software" also encompasses the corresponding updates and upgrades of this software. The name of the software here is PapeRobot®. PapeRobot® is a registered trademark of Manfred Maier.

EDV-equipment:
The term EDV-equipment designates a single computer or computer working place.

Network:
A network corresponds to the linkage of different EDV-equipment within a company/institute/office of the licensee.

Version-Update:
Software with consistent or improved functionality, with the intention to eliminate bugs. A change in the version designation is as follows, e.g. from 2.01 to 2.,02 (corresponds to a bug elimination); the designation is authoritative for the order of the update.

Version-Upgrade:
Software of a higher expansion stage, where necessary with a change in the version designation as follows, e.g. from 2.10 to 2.20 (higher expansion stage); the designation is authoritative for the order of the upgrade.

Edition-Upgrade:
Software with a new functional complex and therefore with a significant enhanced program functionality. The numeration of the program versions within the program editions is edition-specific.
2. Object and delivery form

2.1. The license gets the software in executable form together with the approved documentation (manual in electronic form) from the licensor.

2.2. The software has the functionality as mentioned in the electronic documentation. This functionality can be seen before the conclusion of the contract on our product?s website.

2.3. The delivery and installation of the software occurs explicitly via download from our website by the licensee. The activation codes for each single installation serial number will be send by e-mail to the delivery e-mail address mentioned in the order form.

2.4. There will be no delivery of a printout of the documentation. The documentation consists mainly of electronic help and is, as the main program language, in English.

2.5. The update/upgrade service contained in this edition is free and is provided as a cumulative download for registered customers or will be send by e-mail to them.

2.6. The assessment of a point of time for the update/upgrade service arrival depends on both the necessity (e.g. elimination of program errors, etc.) and the future development stages of the program and is therefore in the discretion of the licensor. Critical bugs, which disturb critical program functions will be eliminated as soon as possible.

2.7. With the liquidation of the company all claims for a free update/upgrade service will cease to exist.
3. Right of use

3.1. The licensor provides after the payment of nonrecurring commission a non-exclusive, spacially and temporally unlimited right of use for a number of software installations as mentioned in the license package to the licensee.

There are five kinds of installation licenses for this software. These are:

a) A license for the installation of the software on up to 1 computer (1 package). The user can install the software on 1 computer.

b) A license for the installation of the software on up to 3 computers (3 package). The user can install the software on 3 computers.

c) A license for the installation of the software on up to 6 computers (6 package). The user can install the software on 6 computers.

d) A license for the installation of the software on up to 8 computers (8 package). The user can install the software on 8 computers.

e) A license for the installation of the software on up to 10 computers (10 package). The user can install the software on 10 computers.
3.2. The activated software must only be used by the licensee or his or her laboratory personnel (his or her own working group).

3.3. If the licensee wants to install the software on more computers as covered by his or her license package, the right of use must be expanded appropriately. A later expansion of the right of use will not start or provide a new warranty.

3.4. Each usage beyond the agreed contract conditions will be a contrary to contract act. In this case you are committed to notify immediately this expanded usage to the licensor. Both parties will then try to get an agreement about the expansion on the usage rights. If you do not mention the expanded usage, then we will request a contract penalty three times of the current usage according to the price list of the licensor.

3.5. The licensee is not authorized to install the software on a remote disk drive (network). The software is only for usage on a local computer. It is only authorized to be installed on a local computer.

3.6. If the licensee possesses a separate negotiated company or institute license, then the licensee is authorized to install the software on the negotiated number of computers within the institute or company. The usage is restricted to this particular institute or company. This is also true, if the company is part of a holding.

3.7. If the licensee has purchased only updates or upgrades of an existing basic version, then he or she is only authorized to use these updates or upgrades, if he or she possesses a valid license of the original software.

3.8. The licensee is authorized to copy the software as far as this will be necessary. The necessary copying encompasses the installation of the software from a data carrier or a download medium - e.g. the internet - onto the hard disk, the loading of the software into the working memory or cache.

3.9. The licensee is authorized to sell the original software to any third party according to the following conditions:

a) The licensee must provide before the selling the personal data of the potential buyer of his or her license to the licensor.

b) The selling will be only permitted, if the buyer possesses all copies, activation codes and documentation of the software. The selling is only permitted in the case of a complete transference of the right of use. A partial transference of the right of use is not authorized. Only the non-requested activation codes can be transferred.

3.10. The licensee is not authorized to lend or lease the software to any third party. Furthermore, the licensee is not authorized to edit or alter the software. Any usage of the software (copying, cloning, emulation, lending, leasing, changing, editing, decompilation or deassembling) or of any part of it not covered by this license contract is strictly forbidden and will automatically lead to the termination of the license. The licensor may take legal action against this malpractice. All rights not expressly mentioned here are the property of the licensor.

3.11. The licensee is authorized to make a backup of the downloaded installation file (?Setup.exe?).

3.12 The licensee has the right on a free update/upgrade service within this edition. This means, that version updates, version upgrades, version bugfixes and version amendments will be provided as a cumulative download. The arrival of the update services is left to the licensor?s discretion. This claim is not valid for edition upgrades.
5. Allowance

5.1. The shown prices are end prices in EURO without VAT.

5.2. Private persons must pay in advance per money order, direct debit or eurocheck. Entrepreneurs or officers can also pay per bill. In the case of a bill the amount of the invoice must be payed within 10 working days. In case of default the licensee will be charged with the legal default interest. The assertion of further damages remains uninfluenced.

5.3. The licensor is authorized to transmit your personal data to a collection office, if necessary.

5.4. There will be no fees for updates/upgrades within the particular program edition, except for package and delivery of these updates, if this should be necessary in exceptional cases.

5.5. Until the complete payment the licensor reserves the right for the object of agreement. If the licensor withdraws from a contract, e.g. in the case of default of the licensee, the licensor is authorized to forbid the further usage of the software and to request for the restitution of all copies or alternatively, if the restitution is not possible, to request for the deletion of the software by providing evidence.

5.6. A return of activation codes is not possible (see BGB §312 d).
6. Warranty

6.1. The software package or alternatively the download will be free of material or legal defects.

6.2. A material defects will exist, if the software is not suitable for the usage described in the accompanying documentation. A legal defect will exist, if the licensee will not receive the necessary rights for the usage of the software.

6.3. The documentation describes the functions of the software. The licensor checks continously that there won?t be promises anywhere that exceed the functional spectrum of the software. You can act on the assumption that such exceeding promises about the functionality of the software are not from the licensor and are not known to the licensor. If you should encounter such exceeding descriptions of the software, please inform the licensor.

6.4. The period of warranty is regularly 2 years. If the licensor has maliciously concealed the material defect, then the period of warranty extends to 3 years.

6.5. The period of warranty starts with the first activiation of the software.

6.6. The licensee is committed to notify each defect immediately to the licensor. In doing so the licensee should describe both the defect as precisely as possible and the circumstances under which it occurs reproducibly.

6.7. If defects will be notified to the licensor within the period of warranty, then the licensor will try to eliminate the defect at no charge.

6.8. Within the scope of this improvement the corrected software will be provided in the agreed manner. An error analysis and elimination on your system will not take place. If you have already produced own files with this software, you must make suitable backups of this file before you deinstall and reinstallt the software. The licensor accepts the costs within the scope of improvement for expenses, especially for transport, labor and material expenses. The licensee remains responsible for the installation of the software.

6.9. After the unsuccessful expiration of the time limit set by the licensee, the licensee has the right to withdraw from the contract or abate the purchase price or request for damages instead of replacement of in vain expenses.

6.10. The setting of a time limit is not necessary, if
a) the licensor refuses both kinds of improvement, even if he is authorized due to the resulting costs, or
b) the improvement is impossible or
c) the improvement has failed.
An improvement after the second in vain effort will be considered as a failure.

6.11. The licensee is not authorized to withdraw from the contract, if the defect is insubstantial. The licensee cannot request for damages in this case.

6.12. If the licensee withdraws from the contract, any provided usage has to be charged. The fee will be calculated on the basis of a 4-year linear amortisation of the purchase price.

6.13. By the abatement the purchase price will be decreased by a suitable amount according to the defect.

6.14. If it turns out that a notified problem is not due to a defect of the software, the licensor has the right to charge for the expenses due to analysis and elimination of the problem according to the price list of the licensor, if the licensee can be accused of intention or gross negligence.

6.15. The warranty terminates, if there have been made changes on the software without an explicit written permission, or if the software is used in another software environment as described on our website. The licensee may proof that the error is definitely not due to this non-permitted software environment.
7. Limitation of liability

7.1. The licensor is limited liable for damages on any legal ground according to the following conditions.

7.2. The liablity of the licensor for damages caused by himself or one of his servants or legal representatives in an intentional or gross negligent manner is unlimited referring to the amount.

7.3. In the case of damages of life, body or healthiness the liability of the licensor or of his servants or his legal representatives is also unlimited referring to the amount due to slight negligence.

7.4. The liability for damages, which result from a heavy organisational error or from a lack of a guaranteed property, are also unlimited.

7.5. In the case of a violation of a crucial contractual obligation the licensor is only limited liable for the typical and predictable damage, if the case does not apply to items 7.2 to 7.4.

7.6. Any further liability for damages, especially for damages independent of negligence, is excluded.

7.7. The product liability remains uninfluenced.

7.8. If a damage is due to both the licensor and the licensee, then the licensee has to allow for contributory negligence.

The licensee is responsible for a regular backup of his or her data. If the licensor is liable for data loss, then the licensor is liable only for the expenses of the licensee in conjunction with the restoration of those data which would have been lost in spite of regular backups.
8. Trade mark rights

8.1 The licensor declares that the software including all schemes and documentation is free of rights of any third party.

8.2 If the licensee cannot use the software due to the violation of trade mark rights, then the licensee has claims for warranty according to item Nr. 6 of this EULA.

8.3 The licensor indemnifies the licensee from all claims of any third party, which are directed to the licensee referring to trade mark rights. The indemnification clause also encompasses the licensee?s costs for legal prosecution.
9. Export

The export of the software including all accompanying material may be subject to an obligation to obtain a permit. The licensee is committed in this case to get the necessary export permit.
10. Charging/retention

The licensee is only authorized to charge outstanding accounts of the licensor, if his or her counterclaim is legal or beyond dispute. The assertion of rights of retention by the licensee from other contracts? claims than this contract is excluded.
11. General terms and conditions of the licensee or of a third party

General terms and conditions of the licensee or of any third party will not become subject of the contract. This is also true, if the licensor does not explicitly disagree. Inclusion of the business conditions of the licensee or of any third party by conclusive actions are excluded especially in the case of acceptance of deliveries or benefits, as well as payment.
12. Final provisions

12.1. Alterations or addenda of this contract require the written form. The same is true for the abolishment, modification or the quitclaim of this requirement for the written form.

12.2. The agreement is based on the German law under the exclusion of UN business law.

12.3. Place of fulfilment and place of jurisdiction for all dispute between both parties is, if permitted, the business place of the licensor. The licensor is authorized to file an action at his place of jurisdiction.

12.4. If any regulation is invalid or will become invalid or if the treaty is incomplete in any respect, then the rest of the regulations will remain valid. The invalid regulation will then be replaced by a valid regulation, which is as close as possible to the invalid regulation. The same is true for hiatuses within the treaty.