Terms of Beta Licence and General Terms of Licence
| Terms of Beta Licence|| General Terms of Licence |
|Last Changed: August 25, 2015||Last Changed: August 25, 2015|
|1. Beta Test version|
1.1. Please carefully read this licence agreement for software designed for testing and evaluation purposes only (the “Licence”) before installing the software.
1.2. By installing and using the software you are accepting the terms and conditions of this licence agreement.
1.3. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT INSTALL AND/OR USE THE CIDEON SOFTWARE AND OPT FOR “DISAGREE” WHEN ASKED TO AGREE OR DISAGREE TO THE TERMS AND CONDITIONS IN THE COURSE OF INSTALLATION.
2. Software Licence
2.1. The CIDEON Software covered by this agreement is expressly a beta-version, unfinished, still in progress and has been designed by CIDEON Software GmbH & Co. KG (“CIDEON”) specifically for testing and evaluation purposes only.
2.2. The software is meant to demonstrate to customers new functions of the CIDEON software’s future final version without claiming to be comprehensive.
2.3. CIDEON reserves the right to offer updates and refined versions upon its own discretion.
2.4. The software and any updates may not contain all features designed for the software’s final version; at the same time the final version may not contain all features covered by the beta version and their updates.
2.5. CIDEON grants you the simple, non-transferable and revocable right to install, use and execute one copy of the CIDEON software on one hardware device.
2.6. You are not entitled to use the software for any other purpose, make modifications, forward the software to third parties or install the software on third parties’ hardware.
2.7. You may produce one security copy of the software for non-operational purposes. Further copies require prior written consent of CIDEON.
2.8. Your are not entitled to sub-licence, modify, make adaptations and/or interconnect the CIDEON software with other software or to use the CIDEON software as a blueprint for your own software development or development by third parties.
2.9. The parties agree that because of their original character, CIDEON products enjoy copyright protection and that they contain secret and non-secret know-how.
2.10. Therefore, copyright notices and other labels referring to CIDEON may not be removed or altered and must always be adopted whenever copies are made.
2.11. Except where expressly permitted by law, user is prohibited from translating, redeveloping, de-compiling or disassembling the CIDEON Software delivered in object code.
2.12. You are further prohibited to give public statements or comment on features and/or functionalities of the CIDEON software.
2.13. Any faults encountered or suggestions for improvement are requested to be delivered to CIDEON by regular communication.
3. Expiry of Licence
3.1. The licence granted automatically expires if CIDEON discontinues developing and/or distributing the software and informs you accordingly.
3.2. It further automatically expires if user in breach of contract copies the software or forwards copies of the software to third parties without CIDEON’s prior written consent or gives public statements or comments on features and/or functionalities of the CIDEON software. The same applies if user is in breach of any essential obligation under the contract. In such a case user is obligated to immediately return the software and delete or disable any remaining copies.
3.3. In addition, user shall furnish CIDEON with a list of users in possession of copies of the software or the user instructions or that use to his knowledge unauthorised copies of the
4.1. Any claims arising from defects of as well as liability for damages caused by the CIDEON software is excluded to the extent permitted by law.
4.2. CIDEON expressly does not warrant that the CIDEON software fulfils user’s requirements, that it operates without faults or distractions, that the CIDEON software is compatible to or functional with third party software and that faults and defects are corrected.
4.3. Installation of CIDEON software may disturb the usability of third party software.
4.4. CIDEON under any circumstance is not liable for personal damage or accidental, specific, indirect or consequential damages including loss of profit, loss of data or information, disruption of business or any other commercial damage caused by use of or inability to use the CIDEON software or any third party software.
5.1. User is not entitled to transfer the rights and obligations under this agreement to any third party without prior written consent of CIDEON.
5.2. Should any individual provision be or become unenforceable, the validity of the remaining provisions hereof shall in no way be affected. In such case the unenforceable provision or provisions shall be replaced by relative provisions coming as close as possible to the sense and spirit and purpose of the Agreement.
5.3. The agreement shall be construed in accordance with German law. The application of the Vienna UN treaty for
international purchases of merchandise (CISD) is excluded.
5.4. The place of fulfilment for all performances is the seat of the company CIDEON. The courts of Bautzen, Germany shall have exclusive jurisdiction.
1.1. By installing this software the user accepts the following terms of this licence agreement.
2. Software licence
2.1. The licensed CIDEON Software, the type of central unit or operating system for which it is intended as well as the extent of the licence is subject to the individual agreement. Should the user wish to use the CIDEON Software for a larger number of clients and/or servers (extended use), CIDEON shall extend the licence based on CIDEON price list. Each extension of the licence shall be documented in writing.
2.2. The right of use of any results achieved in the performance of a contract is transferred to user to the extent necessary for the fulfilment of contractual obligations only. In case user is entitled to any copyright on these results, CIDEON retains the right of use for internal purposes.
2.3. Without prior written consent user is not entitled to grant sub-licences of CIDEON software or to make changes,
revisions or software connections with other software or to use CIDEON Software in whole or parts as a template for the development of software by himself or through third parties. Should the user wish to transfer CIDEON products to a third
party, he will inform CIDEON immediately providing the name and address of such third party. As a result of such transfer no copies of CIDEON products may remain with the user, and
user is obligated to effectively include the third party in his former contractual obligations with CIDEON.
2.4. The parties agree that because of their original character, CIDEON Products enjoy copyright protection and that they contain secret and non-secret know-how. Therefore, copyright notices and other labels referring to CIDEON may not be removed or altered and must always be adopted whenever copies are made. The user is prohibited from translating, redeveloping, decompiling or disassembling the CIDEON Software delivered in object code. If required to assure interoperability of CIDEON Software with other software, CIDEON shall provide the user with necessary information to be used for this purpose only. The operating instructions may
not be altered. The user shall ensure that the CIDEON Products are not made available to third parties, including companies deemed to be connected with the user according to § 15 of the German Stock Companies Act (§ 15 Aktiengesetz).
2.5. CIDEON is entitled to implement security measures within the software. This applies to all existing and future software versions. CIDEON shall inform the user of the type of implemented security measures. Damage by the user to any implemented security measure will result in immediate termination of the licence. The User shall be provided with any user code or similar data – if applicable – required to use the Product within three working days upon request.
2.6. By separate agreement CIDEON may undertake maintenance and service of the licenced CIDEON Software and user documentation and provide support services to the user as provided for in these General Terms of Trade.
3. Expiry of licence
3.1. The licence granted automatically
expires if user in breach of contract
copies the software or forwards copies of the software to third parties without CIDEON prior written consent. The same applies if user is in breach of any essential obligation under the contract.
3.2. In such a case user is obligated to immediately return the software and delete or disable any remaining copies. In addition, user shall furnish CIDEON with a list of users in possession of copies of the software or the user instructions or that use to his knowledge unauthorized copies of the software. Any licence fee paid by user shall not be returned.
3.3. Without prejudice to further claims for damages provided by applicable law, in cases falling under paragraph 3.1 above, user is obligated to pay to CIDEON a penalty of twice the licence fee for every violation, but not more than ten times the licence fee.
3.4. For the time user is in default of any payment due and owing to CIDEON the right to use the software is suspended.
4.1. Notwithstanding specific contractual agreements user is entitled to one copy of each CIDEON software product in machine-readable form on a data carrier or online as well as one printed or electronically documentation.
4.2. User will immediately report in writing any damages and losses in the course of delivery, including wrongful and incomplete deliveries.
4.3. Upon receipt of the software, the user will immediately test the software’s operability and report to CIDEON any contingent defects without default. The same applies for any contingent hidden defects. With regard to merchants, §§ 377, 379 of the German Commercial Code (§§ 377, 379 HGB) apply accordingly.