General Terms of Licensing (Rev. S3D-20031222) 

1. Contract

The whole privity of contract between the CONTECS engineering services GmbH (in the following: "CONTECS") and the user is ruled by the following terms and substitutes all prior written or oral communications, promises and agreements. The user agrees, that he cannot infer any rights from promises, which are not part of this contract.

2. Scope of Utilization 

(1) CONTECS grants the user for the Duration of this contract a non-exclusive right to use the acquired software (in the following: "licence"). The licence is granted for the current version of the Software which is current at the time of the conclusion of the contract, and that without any right to obtain any later version of the programme. The licence will be granted to the user exclusively for the use according to the following provisions.

(2) The user has the right to use the programme acquired from CONTECS only on one computer. The user has free choice on which computer the programme will be used. The using of the programme is any permanent or temporary reproduction (copying) of the complete programme or parts of it by storing, loading, running or showing for purposes of performing the programme and of working up data which are contained in the programme by the computer. The user is also entitled to perform the actions stated above for the purpose of observation and examination as well as to test the programme. Any reproduction of the printed or digital user manual is prohibited. 

(3) If the user has acquired the right to allow several users to have access to the programme, the proportionate number of accesses to the programme at the same time is allowed. If the possible number of users is higher than the number of accesses the user has acquired, the user is obliged to secure in an appropriate way that the number of computers on which the software will be performed at the same time is not higher than the acquired accesses. However the user must belong to the company of the user. In the case of related companies the access by users from parent, subsidiary or sister companies is not allowed. 

(4) The retranslation (recompilation) of the code of the programme is only allowed within the limits of Paragraph 69 e of the German Copyright Act (Urhebergesetz, abbreviated: UrhG). Any further retranslation is prohibited.

(5) The user is entitled to make a backup copy when necessary to secure the future performance of the programme. If the programme is provided by a technical protection against copying, the user will obtain in the case of any damage of the delivered programme a substitutional copy when he returns the machine-readable data carrier which is delivered as a part of the programme packet.

3. Rights of Reproduction

(1) The reproduction of the programme or of parts of it is not allowed.

(2) Reproductions of the software or of the documents are not allowed.

4. Transfer of the Right of Use

Any Transfer of the right of using the software to a third party (i.e. by disposal, donation, renting, leasing, lending) is not allowed.

5. Duration of the Contract

(1) The contract begins with the installation of the software at the user. It is concluded for an undefined period of time.

(2) The right of the user to use the software will cease automatically without any notice to terminate if he violates one of the provisions of this contract. It is his duty to give back the original of the programmes as well as all copies and parts of copies immediately to CONTECS or to destroy in a way that destruction can be proven. Furthermore he has to immediately and entirely delete all altered or prepared versions of the programmes or of produced copies or copies of parts of the programmes or to destroy these by other means. The same rule applies for all backup copies.

6. Compensation of Damages in Case of Violation of Contract

The user is liable in relation to CONTECS for all damages, that CONTECS will suffer from any breach of the copyright and/or from any breach of this contract by the user.

7. Maintenance

This licence agreement does not include any maintenance of the programmes. The maintenance of the software requires the conclusion of a maintenance contract. The conclusion of a maintenance contract is optional for the user, however it is only possible at the point of time of the first acquisition of the software or directly subsequent to an existing maintenance contract (SIMDRIVE-Maintenance Package SMP). With SMP the user acquires the right to use the most current version of the software at the time until the end of the duration of the SMP-contract. 

8. Termination

CONTECS has the right to terminate this contract extraordinarily when any violation of the contract caused by the user, about that CONTECS has informed the user in a written form, will not be healed within 30 days. The termination notice has to be made in a written form. Number 5 (2) applies analogously.

9. Warranty and Limitation of Liability

(1) It is pointed out that it is not possible to develop the programmes in a way that they will be faultless for all ranges of application. CONTECS ensures that the programme is serviceable in the sense of the programme description valid at the point of time of delivery and that it has the assured qualities. An insignificant reduction of the serviceability is left out of consideration.

(2) CONTECS assures that the original programme is recorded orderly on an inspected data carrier.

(3) If the programme package turns out to be unserviceable in the sense of section (1) of this provision or as defect in the sense of section (2) of this provision, CONTECS will take back the delivered programme package and substitute it by a new programme package with the same title within a warranty period of six months. If the programme package turns out to be unserviceable in the sense of section (1) of this provision or as defect in the sense of section (2) of this provision and is CONTECS not able to restore the serviceability by reasonable expenses within a reasonable period of time, the user can choose to exercise his right to reduce the price of acquisition or to return the programme package against reimbursement of the price of acquisition.

(4) Any further warranty duty does not exist. Especially there is no warranty for the question, whether the programme package serves the special needs of the user. The user is exclusively responsible for the choice, installation and using as well as for the achieved results.

10. Liability

(1) Independently from the cause in law CONTECS is liable for damages, that are caused by culpable breach(es) of substantial contractual duties in a way that the objective of the contract is endangered. The liability is limited to the typical contractual damage that had to be taken into account by CONTECS because of the facts known by CONTECS at the time of concluding the contract. However, the liability never exceeds the amount of the price of acquisition of the programme. Any liability for lost profits, missed savings, indirect damages and for consequential damages are excluded. 

(2) The limitations of liability stated in (1) are not applying for damages, that are caused intentionally or by gross negligence or by the lack of promised qualities, as well as not for possible claims arising from the German Code of Product Liability (Produkthaftungsgesetz, abbreviated: ProdHaftG).

11. Applicable Laws

The laws of the Federal Republic of Germany are exclusively applicable to this licence contract and to all legal relations arising between the parties due to the contract. 

12. Salving Provision 

If any of the provisions stated above is held to be invalid in total or in parts or will become invalid in the future, the validity of the remaining provisions will not be affected. The invalid provision will be replaced by a provision that equals the most the invalid provision it its economic purpose. The same rule applies if the contract contains a gap that needs to be complemented.

13. Miscellaneous Provision

The place of jurisdiction - as far as legally allowed - is the corporate domicile of CONTECS in Berlin, Germany. 

 

Berlin, 1st of May 2023

CONTECS engineering services GmbH