General Business Terms and Conditions of OREAS GmbH
General Business Terms
The following Conditions of Use apply to all contracts for licenses for the software products GoVisual for Visio 5.0 and Microsoft Visio 2000/2002, and GoVisual Libraries from OREAS GmbH, Köln.
From here on, the various software products will simply be referred to as software. OREAS GmbH will simply be referred to as OREAS.
1. Scope of the Use Rights
A software license gives you the right to use the software that is stored on the delivered CD-ROM or delivered electronically on, at most, as many computers as the number of licenses you own.
The manner and frequency of use of the software depends on the type and number of license(s) that you have purchased.
2. Scope of the Use Rights – GoVisual for Visio
2.1 Single User license
If you have purchased one Single User license for the software GoVisual for Visio, you may install the software on one computer and may use the software exactly once by Microsoft Visio 2000/2002 or Visio 5.0 at any given time. There are no restrictions based on the number of user names. Use of the software begins when Microsoft Visio 2000/2002 or Visio 5.0 is started and the Software is uploaded into Microsoft Visio 2000/2002 or Visio 5.0 and ends when Microsoft Visio 2000/2002 or Visio 5.0 is closed.
Use of the software is allowed for an unlimited amount of time.
The use rights obtained through the purchase of a single user license are valid worldwide, are non-exclusive and non-transferable.
3. Scope of the Use Rights – GoVisual Libraries
3.1 Object Code License
An object code license is a commercial license. The object code license gives the Licensee the right to use the Software as object code for one specific platform (machine, operating system, compiler + version). The object code license grants Licensee the right to develop executable programs (i.e., object code and programs) using the Software. It further allows Licensee to use, translate, modify, and create derivative works.
Unless a Product License or an Unlimited Product License for a GoVisual Library is obtained by the Licensee, the Licensee is explicitly prohibited to distribute any executable program (i.e., object code and programs) using the GoVisual Library.
Licensee may not sell, rent, loan or otherwise encumber or transfer the Software in whole or in part, to a third party. Licensee is explicitly prohibited from distributing the Software, in whole or in part, to any third party, except as object code linked to programs created using the Software. Licensee is not allowed to wrap the data types and algorithms of the Software in a way that allows his/her customers to use the functionality of the Software or any part of the Software for software development.
3.2 Single User License
A single user license for a GoVisual Library grants the Licensee the right to use executable programs (i.e., object code and programs) using the GoVisual Library Software. A single user license is only valid if purchased together with an object code license.
If you have purchased one single user license for the GoVisual Library Software, you may install the software on a single machine which is not used as a server and may use the software exactly once at any given time. The Licensee is not allowed to copy or install the Software to another machine. There are no restrictions based on the number of user names.
Use of the software is allowed for an unlimited amount of time.
The use rights obtained through the purchase of a single user license are valid worldwide, are non-exclusive and non-transferable.
3.3 Developer License
A developer license for a GoVisual Library is an object code license. The use of the developer license is restricted to one user that is specified by name. The developer license grants the Licensee the right to install the Software on every machine which is not used as a server and that is used by the named user only and to use the Software by the named user.
Use of the software is allowed for an unlimited amount of time.
The use rights obtained through the purchase of a developer license are valid worldwide, are non-exclusive and non-transferable.
3.4 Product License
A product license for a GoVisual Library allows the Licensee to distribute executable programs (i.e., object code and programs) using the GoVisual Library. The license is restricted to exactly one executable program. The Licensee owes no fee for users of this Software.
Licensee may not sell, rent, loan or otherwise encumber or transfer the Software in whole or in part, to a third party. Licensee is explicitly prohibited from distributing the Software, in whole or in part, to any third party, except as object code linked to programs created using the Software. Licensee is not allowed to wrap the data types and algorithms of the Software in a way that allows his/her customers to use the functionality of the Software or any part of the Software for software development.
4. Copyright
OREAS GmbH retains the sole, exclusive rights of sale to the software GoVisual for Visio and GoVisual libraries, granted by the research center caesar. caesar retains the sole, exclusive rights of sale to the software GoVisual for Visio and GoVisual Libraries. This contract only entitles you to use the software to the extent specified in the licensing contract. All rights are reserved by OREAS GmbH and caesar.
You may either (a) create one single copy of the software exclusively for backup and archive purposes or (b) copy the software to one single hard disk as long as the original is used solely for backup and archive purposes.
Copying the licenses and Magic IDs delivered with the software is not permitted.
5. Further Conditions of Use
5.1 Further Conditions of Use for GoVisual for Visio
You are not permitted to rent, lease or lend out the software. You may transfer all of the rights from this license contract to a third party, however, provided that you transfer all copies of the software as well as the handbooks and license, and the third party agrees to all of the conditions in this contract.
Reverse engineering of the software or the data structures, bypassing the license by means of software or changing how the software checks for licenses is not permitted.
5.2 Further Conditions of Use for GoVisual Libraries
You are not permitted to sell, rent, loan or otherwise encumber or transfer the Software in whole or in part, to a third party. You are explicitly prohibited from distributing the Software, in whole or in part, to any third party, except as object code linked to programs created using the Software. You are not allowed to wrap the data types and algorithms of the Software in a way that allows his/her customers to use the functionality of the Software or any part of the Software for software development.
Reverse engineering of the software or the data structures, bypassing the license by means of software or changing how the software checks for licenses is not permitted.
6. Guaranty
OREAS guarantees that the software is free of errors which would void or substantially decrease its value or serviceability for the user for a period of 24 months from the start of the statutory warranty obligation. The serviceability of the software, which this contract is based on, is determined by the handbooks. OREAS guarantees that the software essentially performs in accordance with these handbooks. OREAS responsibility for the guaranty as producer or exclusive distributor of the software does not replace or limit any possible legal warranty or liabilities of the seller from whom you acquired the disks with a copy of the software.
Fulfillment of the Guaranty
In satisfying its guaranty responsibilities, OREAS can choose to either (a) refund the purchase price or (b) repair or replace the defective software. The defective software must then be returned to OREAS. This guaranty does not cover software defects that result from accidents, misuse or incorrect usage. OREAS guarantees replaced software for the remainder of the original guaranty time; at least, however, for an additional 30 days from receipt of the replacement software.
No Guaranty for Specific Purpose of Application
OREAS does not guarantee the software for any particular purpose or that it is compatible with other software you select. You alone are responsible for the selection, installation and use, as well as the intended results.
7. Licensing Contract – No Liability for Incurred Damages
With the exception of damages resulting from gross negligence, neither OREAS nor its contractors are liable for any damages (this includes, without exception, damages in the form of lost business profits, business interruptions, lost business information or other financial losses) resulting from the use or inability to use the software. This also holds true when OREAS was informed about the possibility of such damages in advance. In any case, the liability of OREAS is limited to 3 times the amount paid for the license, at the most however 25.000 Euro.
8. Jurisdiction: German Law
This contract for software use rights is governed by the laws of the Federal Republic of Germany. The contract venue and legal jurisdiction is Köln, Germany. For licenses ordered using E-Commerce: The contract takes effect from the time when the confirmation of your order appears on your screen, at the latest, however, when you receive the e-mail containing the confirmation of your order. The purchaser's terms and conditions are not applicable. |
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