EULA - Software License Terms & Conditions for End Users of freedom manufaktur GmbH
- Scope of this Agreement
- Software in the context of this License Agreement includes the software described in the Object Code, in the version and with the specifications detailed in the relevant software product data sheet produced by freedom manufaktur. The software comprises machine readable instructions and or printed documentation and related license material.
- Please read this agreement carefully before using the software. If you do not agree with the terms and conditions contained herein, you are not permitted to use the software and you are obliged to return all copies of the software and related material to the relevant license holder and or sub - license holder (either to freedom manufaktur or the sales agent that provided the software to you) with a copy of the purchase receipt. The license fees will then be refunded to you.
- Any use of the software requires the full payment of all relevant license fees. By using the software, you confirm your agreement with the terms and conditions contained herein.
- freedom manufaktur retains the right to introduce a software license code and or certificate at some future time in order to counter software piracy.
- Software components from third party software manufacturers that are also delivered as part of an order are subject to separate license agreements that are either attached to the order or provided upon request from freedom manufaktur.
- End User License
- freedom manufaktur grants you a non-exclusive and non-transferable license to use the software in the quantity ordered. In the absence of additional license orders, the software may not be used at additional workstations beyond the maximal number of permitted software usage licenses and or specific hardware type.
- You may create a back-up copy of the software, provided that you clearly indicate the copyright ownership and related ownership information on the copy or partial copy.
- You may not copy, alter and or market the software. Except as permitted by this agreement and or by express rule of law, you may not translate, develop, change, market, otherwise alter, sub-license, loan or rent the software.
- Purchase of the software as program upgrade cancels your right to use the older software version automatically at the time of installation. To the extent that parts of the older software are not replaced by the new version, the license applicable to the older software shall continue until such future time as the older software is replaced, deactivated or otherwise rendered unusable.
- Unless specified in the relevant software product data sheet of freedom manufaktur, the licensing of one software version or release does not entitle you to receive new releases (updates) or new versions (upgrades) or to receive technical support services for the software. Supplementary support contracts and consulting contracts including or excluding the availability of new releases and new versions and or technical support services may either be obtained directly from freedom manufaktur and or from the relevant software distributor.
The following terms and conditions apply to software provided by freedom manufaktur or via networks or similar access channels:
All download – products made available by freedom manufaktur have been selected and maintained with great care and to the extent that they have been obtained by third parties, have been included without changes. You remain nonetheless exclusively and alone responsible for checking how current and suitable the download – products are for the purposes required and for the internal systems used by you. The download of the software products is therefore at your own risk. freedom manufaktur is not liable in particular for transmission errors and or data transfer problems during the download (power loss, connection breach, server breakdown, data corruption, etc.).
All rights and licenses, unless otherwise expressly stated in this agreement, along with all ownership and usage rights to and in relation to the software (an also parts of the software) remain in full with freedom manufaktur and or their third party licensees, as applicable. These licensing terms and conditions do not entitle you to use trademarks, logos, or name descriptions of freedom manufaktur or its third-party licensees, nor to use any other labels that are similar to the trade marks, logos and or name descriptions of freedom manufaktur in a way that could result in misunderstandings. Any use of the trade marks, logos and or name description relating to the software or to the company freedom manufaktur requires the prior permission of freedom manufaktur.
- Warranty, Guarantee and Exclusion of Liability of the License Provider through Sale and Delivery by Authorized Third Party Software Distributors
- To the extent that the software has been acquired by the licensee directly from an authorized third party distributor (herein after “agent“ ), your right to install and use the software may be subject to separate software license terms and conditions entered into between the licensee and the relevant Agent.
- In many cases of an authorized sale of the software via an agent, the software is made available and licensed directly to the licensee. freedom manufaktur is in such cases, neither regarding the delivery and installation of the software, nor concerning the obtaining of the relevant software licenses, party to the relevant software license agreement between the licensee and agent. Legal claims connected with the licensing of the software may only ordinarily be based upon the relevant agreement with the agent and enforceable against the latter. The relevant license spectrum for the licensee shall however, never exceed that contained in clauses 1, 2, 3 and 4 of this agreement.
- Subject to legal requirements, in particular those legal liability and or warranty regulations that cannot be excluded by a contractual agreement, with reference to the right of the licensee to claim against the agent, freedom manufaktur does not assume any liability for any software defects. On the same basis, freedom manufaktur excludes any liability or warranty in the context of this agreement for any purported infringement of third party legal rights and any and all implied warranties in relation to the market suitability of the software and or its applicability for any given purpose. This exclusion of liability shall not apply in cases of gross negligence on the part of freedom manufaktur.
- In the context of this agreement, freedom manufaktur excludes any and all guarantees and or promises of any nature independently thereof whether these may expressly and or indirectly arise.
- Exclusion of Liability relating to Shareware, Freeware and or Open Source Software-Components
- The software may contain Freeware or Shareware that freedom manufaktur has obtained from a third-party provider. In relation to the obtaining of this Freeware or Shareware, freedom manufaktur has paid no license fees; for the usage of the Freeware and or Shareware, no license fees shall be invoiced to the licensee. You therefore recognize and accept that freedom manufaktur in relation to such Freeware or Shareware components, does not assume any liability whatsoever, including that related to the possession, distribution and or usage of the Freeware or Shareware.
- The software may also include Open Source Software-Components, developed according to the Open Source Model and distributed exclusively on the basis of the GPL-Standard-License Terms and Conditions or other Open Source Standard License Terms and Conditions that were valid at the time that the relevant Open Source Software-Components were accessed. You recognize and accept that in relation to the licensing of these Open Source Software-Components, the aforementioned GPL-Standard-License Terms and Conditions or other Open Source Standard License Terms and Conditions shall exclusively apply and that these are attached to the Open Source Software-Components. freedom manufaktur receives neither license fees nor other income in relation to the Open Source Software-Components. To the extent that freedom manufaktur or a third-party receives any payment in connection with Open Source Software-Components, this payment shall be used exclusively for additional delivery platforms and or services. Due to the special attributes in relation to software development and the distribution of Open Source Software-Components, freedom manufaktur does not assume any liability whatsoever, nor does it provide any express and or implied warranty for such Open Source Software-Components, particularly in relation to defective specifications, functionality, program errors and or all other problems or defects.
- General Limitation of Liability
- Neither freedom manufaktur nor its suppliers shall be liable for any damage, either direct or indirect, including damage caused by, or related to a disruption to business or due to lost profit or income, loss of data or capital costs.
- freedom manufaktur and its suppliers shall not be liable for additional related and subsequent costs and or costs for damages or other losses, or similar costs or activities, caused by possession, sale, use, impossibility of use, or use of the software, independently of whether any such claims for damages are based upon warranty rights, a contract, due to unfair dealing or similar, or due to any other claim permitted by law.
- The liability of freedom manufaktur for direct damages caused by a breach of contract, or other action or omission by freedom manufaktur that cannot be excluded in whole or in part according to the rule of law shall be limited to a maximum monetary amount EURO 250 000.00 (in words: two hundred and fifty thousand EUROS). All additional liability for direct damage is excluded. Liability for damage caused by freedom manufaktur, involving mild negligence is also excluded to the extent permitted by law.
- The limitations and exclusions of liability contained in this contract do not apply in relation to damage for which freedom manufaktur would be liable according to the applicable law and which cannot be limited to a maximum monetary amount (for example, liability for bodily injury and injury to health, product liability, deliberate acts, fraudulent, incorrect information).
- In circumstances where any provision in these terms and conditions or other contractual agreement subject to these terms and conditions is non-enforceable either in whole or in part, the remaining terms and conditions of this agreement shall remain valid, unless this would result in unacceptable hardship to one of the parties hereto, also including following application of a valid legal provision intended to fill any legal deficiency.
- In the event that you, or the Licensee either fails to pay the license fees and or to fulfill other material terms of this agreement, freedom manufaktur retains the right to terminate the license. In the case of termination of the license, you are obliged to immediately return all copies of the software in your possession and to remove the same from your hardware. The relevant return or destruction of the software copies must be confirmed in writing.
- Neither you, nor freedom manufaktur are responsible nor liable for the non-fulfillment of the obligations of the relevant party, when the reason for the non-fulfillment was beyond the control of the relevant party (act of God).
- All changes and or alterations to these license terms and conditions are only valid properly executed in the written form.
- Ancillary Provisions
- Place of jurisdiction in relation to all court disputes between freedom manufaktur and a customer concerning this agreement is Berlin, Germany, when the customer is a private person, a legal entity or government institution, or without any domestic German place of jurisdiction.
- The laws of the Federal Republic of Germany apply exclusively hereto and to the exclusion of UN commercial laws.
freedom manufaktur GmbH, Berlin