§ 1 Scope
§ 2 Scope of services
The software purchased by the user is made available to the user for download on the manufacturer’s website. The user can then install the software on their system themselves according to the documentation provided by the manufacturer. The manufacturer does not install the software on the user’s system. If installation by the manufacturer is desired, this must be expressly agreed separately.
It is the user’s own responsibility to ensure that the system requirements specified by the manufacturer for using the software are met. This is not checked by the manufacturer.
Purchasing a license does not give you a right to technical customer service. If the user requests technical support or customer service of any kind, it is the manufacturer’s responsibility to decide whether support can be provided and, if so, to what extent this can be done.
§ 3 Copyright and rights of use
The software supplied by the manufacturer is protected by copyright and international agreements for the protection of intellectual property. All rights to the software and other data provided as part of the initiation and implementation of the contract belong exclusively to the manufacturer and its respective licensors.
The manufacturer grants the user a non-exclusive, unlimited right to use the software delivered in object code to the extent agreed or – if there is no specific agreement – as corresponds to the purpose of the contract.
The user is not permitted, with the exception of archiving purposes, to copy the software or parts of the software, to grant sublicenses, to rent, lend or lease the software. The user is also prohibited from passing on access codes, passwords and license keys for the software or its use to third parties or making them accessible to third parties.
The user is not permitted to rework or change the software in any way, in whole or in part, or to create derivative works from the software that are based in whole or in part on the software. The user is also prohibited from reverse engineering or translating the software or removing program parts from the software. The user is not entitled – with the exception of the legal exceptions in Sections 69 b) and 69 e) UrhG – to decompile or disassemble the software, to reverse engineer it or to otherwise attempt to derive the source code. If the user is permitted by mandatory legal regulations to carry out reverse engineering or decompiling in order to achieve full functionality or interoperability with other software programs, the user is obliged to inform the manufacturer of the nature and scope of the intended actions before carrying out any such measures inform. Furthermore, decompiling is only permitted if the user can demonstrate a legitimate, legitimate interest in carrying out the action.
If the user violates the aforementioned provisions, the manufacturer cannot guarantee the correctness of the software.
The user is also not permitted to change or remove copyright notices, serial numbers, version numbers, trademarks or other identifying features of the software. This also applies to suppressing the on-screen display of these features.
The rights and obligations stated in this paragraph apply to the license keys and user documentation as well as to the software.
The manufacturer can revoke the usage rights granted to the user if there is an important reason for this. If this case occurs, the user is obliged to return the original software as well as any existing copies and to delete stored programs. If requested by the manufacturer, the user is obliged to provide written assurance of the release and deletion.
For testing purposes, the user can obtain a free Pro license with a term of 30 days from the Track of the day shop. The manufacturer does not provide any product support for this trial license.
As part of the test license provided free of charge, the manufacturer assumes no warranty for the functionality of the computer program or software.
§ 4 Rental and distribution
Any rental of the software, in particular rental via “Application Service Providing (ASP)” or “Software asa Service (SaaS)”, is not permitted unless a corresponding written agreement has been made between the user and the manufacturer.
In the event of any transfer of the software, the user is obliged to inform the manufacturer immediately and to provide the manufacturer with the full name and full legal address of the new user.
§ 5 Warranty
The manufacturer provides the user with the software free from material and legal defects. The manufacturer does not guarantee that the software is protected from attacks by system threats of any kind (computer viruses). The obligation to appropriately secure the infrastructure in which the software is to be used falls on the user.
The manufacturer further assumes no warranty or liability in the event that the software negatively influences other products and applications of the target system or the target system if this is due to errors in the configuration of the target system or other products and applications installed on the target system.
§ 6 Liability
The manufacturer is not liable for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations or guarantees or cause damage resulting from injury to life, body or health or claims under the Product Liability Act.
If the manufacturer is also liable for slight negligence, the amount of liability is limited to contract-typical, foreseeable damages.
To the extent that the manufacturer’s liability is excluded or limited, this also applies to the liability of the provider’s legal representatives, employees and vicarious agents.
In the event of data loss, the manufacturer is only liable for the damage that would have occurred if the user had properly backed up the data.
§ 7 Severability clause
If a provision of this usage and license agreement is or becomes invalid or the conditions are incomplete, the effect of the rest of the conditions will not be affected. The contracting parties undertake to replace the invalid provision with a provision that comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to contractual gaps.
§ 8 Applicable law
§ 9 Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes between the parties is Bonn. However, the manufacturer remains free to use the user’s general place of jurisdiction to file a lawsuit or initiate other legal proceedings.
§ 10 Written form
§ 11 Assignment
The user’s assignment of rights arising from the contractual relationship with the manufacturer is only permitted with the manufacturer’s prior consent.
§ 12 Contract language