FABSpecs Licence Agreement

Please read the following license agreement carefully.
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--------------------------------------------------- Agreement on the Transfer of Possession of Software --------------------------------------------------- Par. 1 Subject of the Contract The user will receive the computer program with the title "FABSpecs, Version 0.19.x", which may be downloaded at www.fabmation.de free of charge. Par. 2 Right of Reproduction and Access Protection 1) The user is permitted to copy the supplied program insofar as copies are necessary for the use of the program. Necessary reproduction includes such measures as the installation of the program from the original data carrier to the mass storage device of the implemented hardware as well as the loading of the program in the work storage space. 2) Further, the user may reproduce the program for security and back up purposes. However, the user may generally make only one security copy for safekeeping. 3) Should the regular back up of the complete data resources including the implemented computer programs be indispensable on the grounds of data integrity or the safeguarding for a quick restoral of the computer system because of complete failure, the user may make security copies of the computer program in the quantity necessary for this purpose. These security copies may only be used for archive purposes. 4) The reproduction and transfer of the computer program for commercial purposes is not permitted. Par. 3 Decompilation and Program Changes 1) The translation of the supplied computer code into a different code form (decompilation) as well as other forms of examining the various steps of computer program logic (reverse-engineering) including program changes are permissible only for the purpose of eliminating defects by the user. 2) Copyright notices, serial numbers and other forms of program identification may not be removed or altered in any way. Par. 4 Warranty 1) As the computer software is available to be downloaded free of charge no warranties are guaranteed by the producer. 2) The producer of the computer program has completed a cursory examination of the computer program to verify its ability to be loaded into the storage area of hardware, the execution of the basic advertised functions, the absence of obvious functional, performance and compatibility defects, the execution of a regular virus check and the availability of the computer program documentation. No warranties for the existence of these qualities are guaranteed by the producer. Par. 5 Liability 1) The producer cannot be held liable for the restoration of data unless the loss of data was due to intent or gross negligence on the part of the producer and the user has safeguarded that the lost or destructed data can be reconstructed within reasonable means from data stored in a form, which is machine readable. 2) The producer is liable for simple negligence only if a cardinal obligation is injured. In this case, the amount of the liability coverage is limited to the typical damages, which occur in the normal, contractual application of the program. 3) The limitation of liability of the producer extends to the private liability of executive organs, employees, for persons employed in performing an obligation for whom the principle is vicariously liable and representatives of the producer. 4) The above agreed upon limitation of liability does not apply to claims based on the German law on product liability (Produkthaftungsgesetz). Further, the limitation of liability of the producer does not apply if damages to life, limb or health are attributable to the producer. 5) Claims for damages of the user based on defective software become statute-barred one year after the delivery of the computer program. This limitation of liability is not applicable if the producer was grossly negligent or if damages to life, limb or health are attributable to the producer. Par. 6 Contradiction of Terms and Conditions of Business If the user should have his or her own terms and conditions of business, this contract will be concluded notwithstanding an agreement on the incorporation of both terms and conditions of business. If the clauses of the terms and conditions of business of should coincide, then these clauses will be deemed as valid. Non-mandatory provisions of law will supercede contradictory clauses in the terms and conditions of business of the parties. Non-mandatory provisions of law will also supercede the terms and conditions of business of both parties if no parallel clause in the terms and conditions of business of the producer can be found. Should the terms and conditions of business of the producer contain regulations, which the terms and conditions of the user do not regulate then these terms and conditions of business of the producer will be applicable. Par. 7 Written Form All agreements, which stipulate a change, a supplement or an appropriation of these contractual conditions, as well as any special guarantees and arrangements, must be set down in writing. If such an agreement is declared by a representative or supporting personnel of the producer, then this agreement is only compulsory if the producer has supplied his written consent. Par. 8 Confirmation of Notice and Acceptance of the General Terms and Conditions of Business The user hereby recognizes the applicability of the general terms and conditions of business of the producer. The user has had the ability to take notice of the terms and conditions of business in an acceptable manner. Par. 9 Choice-of-Law The parties agree to the applicability of the laws of the Federal Republic of Germany in accordance with German BGB/HGB, excluding CISG, in regards to all legal relations arising out of this contractual relationship. Par. 10 Place of Jurisdiction Should the user be a merchant as defined by the commercial code of the Federal Republic of Germany (Handelsgesetzbuch), a juristic person under public law or a public separate asset, the sole place of jurisdiction for all disputes, which arise during the fulfillment of this contractual relationship, is Hamburg, Germany. Par. 11 Official Language of the Contract In the case of uncertainty in regards to the translation or the interpretation of the terms and conditions of business or in any other case of doubt, the German text of the general terms and conditions of business will prevail. FABMation GmbH Gartenstrasse 36 89231 Neu-Ulm, Germany Geschaeftsfuehrer Rainer Broleen HRB 11471 Amtsgericht Memmingen Version Control Information Document number: 70075-EU-26 Version: 1.2.1 Date: 2008-09-19