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VOLLMER WERKE Maschinenfabrik GmbH (hereinafter referred to as licensor)
(1) This End User Licence Agreement is concluded between the Licensee and the Licensor. The Licensee hereby confirms that they have acknowledged and agree with the following provisions in their entirety.
(2) The software transferred by the Licensor along with any user manuals and instructions supplied are protected by copyright. The Licensee shall acquire ownership of the software carrier (e.g. a CD-ROM or the machine on which the software has been pre-installed), but not of the software itself. This shall remain the intellectual property of the Licensor and/or the relevant legal owner if the Licensor provides the Licensee with third-party software. The Licensee shall only acquire the right to use the software in accordance with the Agreement. Copyright, patent rights, trademark rights and all other neighbouring rights and industrial property rights to the software and to the above-named objects which have been transferred by the Licensor to the Licensee shall remain exclusively with the Licensor under the relationship between the Licensor and the Licensee.
(1) Upon conclusion of the Licence Agreement, the Licensee shall acquire a non-exclusive, transferable right to use the software which is unlimited in terms of time. Where, under the main agreement to this Licence Agreement, software has been leased only for a limited time, the right to use the software shall also be limited in terms of time. "Use" refers to any permanent or temporary duplication (copying) of the software by storing, loading, running or displaying it for the purposes of executing the software and processing the data contained in the software. The Licensee is also entitled to execute the specified actions for the purpose of observation and investigation and in order to test the software.
(2) The software copy may be modified or revised where this is necessary for the intended use, or use in accordance with the Agreement, to connect with other software or for error correction. Additional modifications or revisions are expressly excluded. In particular, any company names, brand names, copyright notices or other notices relating to the reservation of rights contained in the software must not be modified or deleted and shall be transferred in accordance with any versions of the software modified or revised in accordance with sentence 1.
(3) Decompilation of the software codes is only permitted under the statutory limitations set out in Section 69e German Copyright Act (UrhG) and only if the Licensor has not provided the Licensee with the information required to establish interoperability despite being previously requested to do so. Additional decompilations are excluded.
(4) The Licensee is entitled to make a backup copy of the software copy. Where the software copy is provided with technical copyright protection, the Licensee shall have the right, in the event that the software copy is damaged, to request another software copy from the Licensor upon presentation of an error report.
Where a separate licence fee is due, the provisions relating to this shall be set out in the underlying main agreement. In this respect, reference is made to this agreement.
(1) The Licensee is entitled to pass on the software copy, in its original state and as a whole together with a copy of this Agreement, to a subsequent user. The Licensee undertakes to hand over to the subsequent user, to the extent required, the original data carrier, this Licence Agreement and the T&Cs of the Licensor. The passing on of the software copy and Agreement shall simultaneously represent an offer from the Licensor to the sub-purchaser upon conclusion of an identical agreement. The sub-purchaser shall indicate their acceptance by accepting the software copy.
(2) By passing on the software copy, the right to use in accordance with Section 1 shall be transferred to the subsequent user who, under the provisions of this Agreement, shall thereby take the place of the Licensee. At the same time, the right to use of the original Licensee shall lapse in accordance with Section 1.
(3) When passing on the software copy, the Licensee shall delete or destroy in some other way, immediately and fully, all existing duplicate copies and partial copies of the software copy, as well as any modified or revised versions along with any copies and partial copies made of these. This shall also apply to all backup copies.
(4) Paragraphs (1) to (3) also apply if passing on a software copy is part of a temporary and/or free-of-charge transfer.
(5) The Licensee is not permitted to issue sub-licences.
(1) All further rights to use and exploitation of the software copy shall remain reserved. In particular, the Licensee is not entitled to use the software copy and/or amended or revised versions of the same on more than one computer or machine simultaneously. The exploitation rights of the Licensee to in-house software which is developed or run in accordance with the intended use of the software transferred by the Licensor, as well as all other work results obtained when using the software, shall remain unaffected.
(2) Leasing the software copy or parts thereof is expressly prohibited.
It should be noted that it is not possible to develop software in such a way that it works perfectly in all conditions of use. The Licensor guarantees that the software copy is suitable for the use set out in the program description it has issued and which is applicable at the time of transfer to the Licensee, and/or for the operation of the machine in accordance with the Agreement.
(1) Each contractual party shall only be liable, irrespective of the legal reason, for losses caused by the culpable violation of an essential contractual obligation, i.e. an obligation the violation of which jeopardises the achievement of the purpose of the Agreement and/or the fulfilment of which enables the proper execution of the Agreement and on which the contractual parties can regularly rely (cardinal obligation). In all other respects, the liability of the Licensor shall be excluded and limited to loss or damage which is typical of the Agreement, the occurrence of which each contractual party should have anticipated on the basis of the circumstances known to them upon conclusion of the Agreement.
(2) The Licensor shall be liable for the loss of data and its recovery only if such a loss could not have been avoided by means of appropriate data backup measures taken by the Licensee.
(3) The limitations of liability specified in paragraphs (1) and (2) shall not apply to losses that were caused by malicious intent or gross negligence, to losses resulting from injury to life, limb or health, or to any claims based on the German Product Liability Act.
(4) The limitation period for possible claims asserted by the Licensee vis-à-vis the Licensor, provided the Licensee is not a consumer, shall be limited to one year from the start of the statutory limitation period.
(5) The above provisions in Section 7 shall also apply vis-à-vis any third party/subsequent user.
If an agreement on maintaining and updating the software (support/service agreement) exists in addition to the Licence Agreement, the notice periods, services and costs/fees that exist in this respect shall be derived exclusively from this agreement.
The Licensee undertakes to maintain confidentiality in relation to any objects which become known to them (in particular, software, user manuals and instructions) where these are protected under law or contain business or trade secrets. This confidentiality obligation shall continue to apply after the end of this Agreement.
(1) Any modifications and/or additions to these General Terms of Business and Licensing Terms and/or to this End User Licence Agreement must be made in writing. Should any individual provision(s) of this Agreement be or become legally ineffective, this shall not affect the validity of the remaining provisions of the Agreement.
(2) The law of the Federal Republic of Germany, with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), shall apply to this Agreement. The place of performance and the place of jurisdiction for all disputes arising from or in connection with this Licence Agreement shall be the registered office of the Licensor (Biberach an der Riss, Germany). The Licensor shall also have the right to bring legal action against the Licensee based on violations of this Agreement at the Licensee's main place of business.