End User License Agreement
1. Definition and Application
(1) In this License Agreement the Licensor grants the Licensee the right of use of the Licensed Software to the regulated extent referred to in point two “Scope of License”.
(2) Following definitions are applicable for the purposes of this Agreement.
- The manufacturing company CryptoTec AG, Bayenstraße 65, Cologne is referred to herein as the “Manufacturer”
- The computer program CryptoTec Cipherbook of the Manufacturer which is the subject of this License Agreement is referred to herein as “Licensed Software”
- The software provider CryptoTec AG, Bayenstraße 65, Cologne is referred to herein as “Licensor”
- The user of the Licensed Software is referred to herein as “Licensee”
(3) The Licensor is authorized by the Manufacturer to grant rights of use in accordance with this Agreement to the Licensee.
(4) As far as the license terms applied referring to granted software usage rights are concerned it is necessary to state for the sake of clarification that the scope of the license relates to rights with regard to reproduction of the Licensed Software.
2. Scope of License
(1) The Licensee obtains the non-exclusive, non-transferable and non-sublicensable right to use the Licensed Software for an unlimited period of time until revocation by the Licensor. Revocation is required to be declared in text format. The Licensee accepts that CryptoTec AG is entitled to communicate a Revocation at Licensor’s choice solely to the CryptoTec Cipherbook address which is assigned to the CryptoTec Cipherbook Identity of the Licensee, via E-Mail or via Notification on a website under one of the domains. Revocation can also be declared if the Licensed Software is excluded from participating in the communications network. The use in accordance with this Agreement includes the installation as well as the download, display and running of the installed Licensed Software.
(2) The Licensee is authorized to make one copy of the dedicated hardware for backup purposes only. The Licensee must ensure that the backup copy includes all copyright or other proprietary notices contained on the original hardware and is clearly marked as a “Backup Copy”.
(3) The Licensee is not entitled to reproduce, process, use or modify the Licensed Software in any other manner than stated in the paragraphs one and two.
(4) The Licensee is not entitled to allow third parties to use the copy of the Licensed Software that is delivered or any backup that is made. Specifically, the Licensee is not entitled to sell, rent, lend, sublicense or publicly present the Licensed Software or to provide public access to it.
(5) The Licensee’s rights of use under this Agreement will terminate automatically or otherwise cease to be effective without notice from the Licensor if the Licensee fails to comply with any term(s) of this Agreement. Upon the termination of this Agreement, the Licensee shall cease all use of the Licensed Software and destroy or return all installed copies, full or partial, of the Licensed Software. This as well applies to the backup copy.
3. Limitation of Liability
(1) The Licensed Software is available for the user without any costs. If the Licensor has not assumed a guarantee, the following terms apply: To the extent allowed by the applicable law, in no event shall the Licensor be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever. In cases of deliberate or grossly negligent behavior on the part of the Licensor or its legal representatives or fraudulent intent the statutory liability laws shall apply.
(2) Specifically, in no event shall the Licensor be liable for quality, comprehensiveness, correctness or availability of the data input by the users. Liability in respect to financial losses or any other kind of commercial damages is excluded altogether.
(1) This Agreement will be governed by and construed in accordance with German laws, excluding its conflict of laws principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
(2) Cologne is the agreed jurisdiction, as long as the other Party is not a resident of a state in the European Economic Area or Switzerland.