(1) Witzenmann GmbH is the exclusive owner of all present and future intellectual and industrial property rights and copyrights to this Software and its technical content.
The Software user (“Licensee”) is granted a nonexclusive, perpetual license and right to use the Software but is prohibited, unless permitted under the terms of Art. 69e German Copyright Act (“UrhG”), from copying (except for one backup copy), modifying, reverse engineering, decompiling, disassembling or decoding the Software or any parts thereof, creating any derivative Software products, separating any Software components or otherwise altering the Software in any way or form whatsoever. The Software may not be transferred to a third party unless in full and on condition that the initial Licensee thenceforth discontinues any and all use of the Software.
Without first obtaining the express permission from Witzenmann GmbH, the Software may neither be rented, leased or sold to any third party nor otherwise marketed in any way or form.
(2) The information and illustrations contained in the Software are (i) solely intended to describe the relevant products and (ii) invalidated by any modification in such products and/or the associated technical documentation or by the release of a new Software version, whichever occurs earlier.
Neither are the information and illustrations contained in the Software destined for any pure engineering design or development work by the Licensee or for the transposition into, or application to, any other manufacturer’s components of like or similar design.
When generating the Software, Witzenmann GmbH used the latest virus detection program and made every reasonable effort to ensure that the Software is executable if run in a system environment specified by Witzenmann GmbH.
(3) Therefore, Witzenmann GmbH disclaims all other warranties and assumes no liability whatsoever for the fitness for the Licensee’s particular purposes of the Software and/or the technical data and information therein contained, nor for the fully conforming operation of the Software in all applications and application environments, nor for the absence of any viruses that were
undetectable when running the latest antivirus scan engine available at the time of Software generation. In no event shall Witzenmann GmbH be liable on any legal grounds whatsoever for any damages (including, without limitation, damages for loss of data or any other indirect, special, incidental or consequential damages) unless (i) attributable to any intentional or grossly negligent act or omission by Witzenmann GmbH or its officers, agents or servants, or (ii) the liability arises from overriding or peremptory provisions of the German Product Liability Act (“ProdHaftG”).
(4) The ineffectiveness or unenforceability of any provisions hereof shall not affect the remaining parts of these License Terms & Conditions.
Any noncompliance or nonacceptance by the Licensee with or of these License Terms & Conditions will forthwith terminate the right to use the Software. Termination of the Software use obligates the Licensee to delete, erase or otherwise destroy the Software and all backup copies thereof.
The Licensee may be held liable for any damage or loss caused to Witzenmann GmbH by the Licensee violating these License Terms & Conditions.
Any and all legal relations between Witzenmann GmbH and the Licensee under these License Terms & Conditions shall exclusively be subject to, and governed by, such laws of the Federal Republic of Germany as apply to legal relations among German parties.
© Witzenmann GmbH 2013
