4c 3.3

EULA - End User License Agreement

NON-EXCLUSIVE SOFTWARE-LICENSE AGREEMENT between euris 4c GmbH Beratgerstraße 36 44149 Dortmund (hereafter Licensor) and you (hereafter Licensee) § 1 Preamble 1. The Licensor grants the Licensee a non-exclusive right to use 4c software on a single computer according to the provisions of the agreement. By consenting to the agreement the Licensee accepts all of the provisions contained within it. If the Licensee refuses to accept the provisions of the agreement he or she is forbidden from installing or using the software. 2. In the communication components of the software, (content that can be accessed via the info-button or the info menu) content may also be displayed that has been supplied by a partner of the Licensor. Liability for this content lies solely with the partner company. In order to display the correct language or action in the communication components of the software, certain data are transmitted to the company’s web server which makes the content available. To ensure the transparency of the type of data transmitted, all transmitted data will be listed for viewing. In doing so there is no special transmission of data to the Licensor’s or partner company’s web servers which make the content of the communication components available. The transmitted data involved are: a) The version number of the 4c Software; b) The language version of the 4c Software; c) The version of the operating system; d) The language setting of the operating system; e) The country setting of the operating system; f) The version of Internet Explorer being used; g) An ID for the most recently displayed information; h) An unique key of the installed 4c communicator; i) An identifier which specifies, if the installed 4c communicator is activated; § 2 Object of the agreement 1. The software known as 4c, Copyright © 2005 euris 4c GmbH, Dortmund, consists of B4c.dll, X4c.dll, D4c.exe, S4c.exe, C4cv.dll, C4ch.dll,O4c.exe and all the files contained in the setup package, documents, graphics and HTML-source code is protected by copyright and subject to the agreement. By purchasing the software the Licensee only acquires ownership of the data carrier, packaging and handbook as well as other included written materials as far as these things are the object of the agreement. Furthermore, the ownership rights of the Licensor regarding the software are not affected. § 3 Changes to the function of Microsoft Internet Explorer If you agree to the licence agreement and install the 4c software on your system, the following changes or additions will be made to the function of Microsoft Internet Explorer. You should only install the 4c software if you want these changes to be made. Two further standard icons will optionally be added to the tool bar of Microsoft Internet Explorer. An additional option is added to the action menu that opens when you right click on a link. When you pass the mouse cursor across the activated forward and back buttons in the Microsoft Internet Explorer toolbar, a screenshot of the page, which can be opened by clicking, will appear below the button. When you open the history or favourites view in Microsoft Internet Explorer, an additional button will be added to the title bar of the relevant overview next to the close button. When you open the history or favourites view in Microsoft Internet Explorer, if you click on the new button a new view will open showing a pictorial view of the URLs you have visited or added to your favourites. An additional pop-up window will be added to Microsoft Internet Explorer. This new window is an information window that will open in the lower right portion of the screen when a new article is received. Click on the small black arrow to the right of the activated forward and back buttons to open a drop down list. This list now not only shows a written description of the URLs you have visited but also screen shots of the pages. When you open Microsoft Internet Explorer, a side bar will open in the right-hand portion of your desktop. This side bar displays all open copies of Microsoft Internet Explorer with their currently displayed URLs in the form of a screenshot. The side bar can be set so that it is automatically hidden, always on top or closed. The position of the side bar can also be changed. § 4 Rights granted under the license 1. The Licensee is entitled to use the program on only one computer at a time. The Licensee is free to decide on which computer he wishes to use the program. Use is defined as any permanent or temporary, whole or partial multiplication (copying) of the program by saving, loading, running or showing for the purpose of running the program and processing data contained within the program on the computer. The Licensee is also entitled to make a back-up copy of the program should this be necessary to guarantee the future use of the program. Copying of the user handbook is forbidden. The Licensee is granted unlimited use. All other rights regarding use of the program are reserved. In particular, the Licensee or subsequent users are forbidden from using the program and/or an altered version of the program at the same time on more than one computer or to distribute copies of the program package in its original version or an altered version even if such copies are mainly limited to the altered version. § 5 Limits to the license 1. The Licensor is not entitled to alter the content of the software or the associated documentation and then distribute it in any form. Furthermore, he is forbidden from making derivatives of the software. In particular he must not remove or change any trademarks, logos, other copyright symbols (©) or references to the Licensor as copyright owner of the software or to add other trademarks, logos, copyright symbols or references. Infringements of this condition will be prosecuted in civil and criminal proceedings. 2. The Licensee is not permitted to subject the software to retrogression, to decompile, disassemble or decode the software in any other form. 3. The Licensee is not entitled to grant sublicenses for the software nor pass the software on to third parties for remuneration whether it be through sale, rental, leasing or similar. He is also not permitted to distribute the software or the accompanying documentation singly or together with other products either commercially or otherwise without obtaining prior permission from the Licensor. The Licensee is entitled to pass on the software with its documentation in its original condition as a whole and with a copy of this agreement to a subsequent user. This right does not extend to the transfer of copies or part copies of the program and also not to the transfer of altered versions or copies or part copies thereof. With the transfer, the usage rights according to § 4 pass to the subsequent user who then takes the place of the Licensee for the purpose of this agreement. At the same time the usage rights of the Licensee lapse. Upon transfer, the Licensee must immediately and completely delete or otherwise destroy all copies and part copies of the program as well as altered versions and copies thereof. This also applies to all back up copies. The above also applies when the transfer is temporary. The above applies equally for transfers from any current user to a subsequent user. Rental of the programme or parts thereof to others is not permitted. § 6 Violation and cancellation of the agreement The Licensor is entitled to cancel the contract with immediate effect should the Licensee infringe any of the provisions of this agreement. The Licensee is liable for any damages incurred by the Licensor because of an infringement of the provisions of this agreement by the Licensee. § 7 Warranty We would like to point out that it is not possible to develop computer programs so that they are without faults under all application conditions. The Licensor guarantees that the program is suitable for use according to the program description published by him and valid at the time of delivery to the Licensee. Where the original program is supplied on a data carrier, the Licensor guarantees that the original program has been properly recorded on a tested data carrier. Preinstalled programs are exempted from this provision. Should the 4c software prove to be unsuitable for use in terms of paragraph 1 above or as defective in terms of paragraph 2 above, the Licensor agrees to exchange the software for a new copy of the 4c software within a two year warranty period. Should this copy also prove to be unsuitable for use in terms of paragraph 1 above or as defective in terms of paragraph 2 above and should the Licensor fail to establish its suitability for use within a reasonable time period and after the application of reasonable effort, the Licensee or user is entitled to either a reduction in price or return with refund. In the latter case the right to use the program lapses. All copies or part copies must then be deleted or destroyed. Beyond this there is no warranty obligation. In particular, the Licensor does not have to warrant that the software meets the particular requirements of the Licensee or the user. The Licensee is solely responsible for selection, installation and use as well as the results expected. § 8 Liability The Licensor will only be liable, regardless of the legal basis, if the damage is caused through culpable violation of an obligation that is central to the agreement (cardinal obligation) in a way that endangers the achievement of the purpose of the agreement or can be attributed to gross negligence or a deliberate act on the part of the Licensor. If the Licensor is liable under paragraph 1 a) above for violating an obligation that is central to the agreement but without having committed gross negligence or a deliberate act, then liability will be limited to those damages that the Licensee could typically have expected to incur based on the circumstances known to him at the time of concluding the agreement. The limitation of liability according to paragraph 2 applies equally to damage caused through gross negligence or deliberate acts on the part of employees or representatives of the Licensor who are not part of the company management or company owners. In the case of paragraphs 2 and 3 above, the Licensor is not liable for indirect damage, consequential harm caused by a defect, lost profits or not-realised savings. The extent of damages that might typically be expected may not exceed the amount of the agreed fee. The Licensor is liable for the loss of data and its recovery only to the extent outlined in the previous paragraphs and only where this loss could not have been prevented by appropriate precautions on the part of the Licensee, in particular daily back ups of all files and programs The limitations to liability laid out in the paragraphs above also apply in their meaning to the Licensor’s employees and representatives. Liability under the product liability law is unaffected. § 9 Shareware In as far as it only concerns a shareware version of the 4c software, this license agreement applies accordingly. Only limited use will however be permitted. For this period of time, use of the program on more than one computer is permitted. However, this license agreement applies to each accordingly. During the limitation period there is no warranty or liability responsibility on the part of the Licensor. § 10 Final provisions 1. Dortmund, Federal Republic of Germany has exclusive jurisdiction over all disagreements arising from this agreement as far as is legally permissible. The law of the Federal Republic of Germany will apply. 2. Should parts of this contract be invalidated in part or in full this will not affect the validity of the rest of the agreement. The parties to the agreement are in this case committed to replacing the invalid provisions with others that are closest to the commercial intent of the invalid provision. The same applies in the case of a gap. 3. Changes to this agreement must be made in writing. The same applies to the suspension of the clause referring to the written form. § 11 Precedence of the German version This contract exists in both English and German versions. In the case of disagreements only the German version is valid. In questions of interpretation the German version is the authoritative version even in cases of interpretation of the English version.