This document describes the terms and conditions for the use of software of EASYCODE GmbH through you, the enduser. (followingly named "licensee").
Please read through this agreement carefully before using the program.
EASYCODE GmbH only licenses the program when you accept the conditions of this agreement first.
By using the program you give your agreement to these conditions. If you don't agree to the conditions of this agreement, please delete the program immediately.
The program belongs to EASYCODE GmbH or an EASYCODE GmbH supplier and is protected and licensed on copyright, not sold.
The expression "program" describes the original program and all entire or partial copies of it. A program consists of machine–readable instructions, its constituents, facts, audio–visual contents (like illustrations, text, photos or pictures) and related materials licensed.
1.) Object of the contract
Object of the contract is the computer program, the program description and operating instructions as well as other accompanying written material, recorded on the data carrier or received by download from the internet. It is also described as "software" in the following.
EASYCODE GmbH informs you that it isn't possible to create computer software which works fault–freely in all applications and combinations. Object of the contract is therefore only a software which is in principle serviceable according to the program description and the user instructions.
2.) Extent of User-Rights
EASYCODE GmbH grants you for the duration of this contract, the simple, not exclusive and personal right (in the following also described as a license), to use the attached copy of the software of EASYCODE GmbH, on so many computers (only with one single central processing unit) like licenses are purchased. If you purchase this program as an update, the rights on use and license agreement on the program you are updating from terminate.
As a licensee you make sure that the program is used only in accordance with the conditions of this agreement.
3.) Special restrictions
Restricted rights to licensees are:
a.) to submit the software or the necessary written material without previous written consent of EASYCODE GmbH to a third party or to make it accessible to a third party in some other way.
b.) transferring the software from a computer to another computer about a net or a data communication channel.
c.) to amend, translate, de-compile, dis-assamble the software, without previous written consent of EASYCODE GmbH
d.) create derived works or products, and duplicate the written material of the software.
e) translate, amend or create derived works of the written material.
4.) Ownership on rights
Buying the product, you get only ownership at the physical data carrier on which the software is recorded.
An acquisition at rights at the software itself isn't connected with that. EASYCODE GmbH reserves particularly all rights for publication, duplicating and market the software.
The software and the necessary document material are on copyright protected. As far as the software isn't provided with a copy protection you are allowed doing one single stand–by copy only for safeguarding purposes.
You are obliged to attach the copyright remark of EASYCODE GmbH or to include it in it on the stand–by copy.
A copyright remark available in the software may not be removed.
It is forbidden particularly to duplicate the software and written material in original or amended form completely or partly.
6.) Transfer of rights
The right to the use the software, can only be transmitted to a third party with a previous written consent of EASYCODE GmbH and only under the conditions of this contract. Giving away, rent out and company rental of the software are particularly forbidden.
7.) Duration of the contract
The contract runs for an uncertain time. The right of the licensee to the use of the software expires without cancellation automatically, if it violates a condition of this contract. At completion of the userights, it is obliged to destroy the original data carriers and all copies of the software, including copies and amended written material.
8.) Compensation to contract injuries
EASYCODE GmbH draws one's attention that you are liable for all damages due to copyright injuries, that arise EASYCODE GmbH through an injury of these contract regulations, from you.
9.) Changes and actualizations
EASYCODE GmbH is authorized to create updates and actualizations of the software in estimation of it´s own
EASYCODE GmbH isn't obliged to create updates.
10.) Guarantee and adhesion of EASYCODE GmbH
f.) EASYCODE GmbH guarantees to the original licensee that at the time of the handing over the data carrier the software is recorded on is fault–free under normal operating conditions and at normal maintenance.
g.) Should the data carrier be faulty, the buyer can require substitute delivery within the legal guarantee time. He must give back the faulty data carrier and the written material and a copy of the invoice/receipt to EASYCODE GmbH.
h.) EASYCODE GmbH doesn't assume any liability for the faultlessness of the software, for the reasons mentioned under 1 prominently.
EASYCODE GmbH particularly doesn't take on any liability that the software meets the requirements and tacks of the buyer or cooperates with other programs chosen by him. The buyer bears the responsibility for the right choice and the intended and achieved results of use.
The same applies to the written material accompanying the software.
If the software is not use- and serviceable according to 1. the buyer gets the right to cancel the contract.
The same right has EASYCODE GmbH if it isn't possible to service the software according to 1., without an acceptable overhead on work and time.
i.) EASYCODE GmbH isn't liable for damages, unless damages causes on firm intention or gross negligence on the part of EASYCODE GmbH. Opposite merchants the liability for a gross negligence is excluded.
A liability causes of qualities assured by EASYCODE GmbH are untouched.
A liability for defect resultant damages which aren't contained by the assurance is excluded.
11th place of jurisdiction
Place of jurisdiction is Nuremberg
in August, 2013