xraster 0.9

EULA - End User License Agreement

USER LICENCE
Xraster

The user of this software hereby declares to know the content of this user
licence (subsequently referred to as licence) and will comply with the
regulations laid down in it.
This licence becomes effective on the day the user downloads the software.
Licence

Upon download of the software the data GmbH grants the user the non-
exclusive and non-transferable right to use the software within the scope of
this licensing agreement on a single personal computer. The user acknowledges
the right of use granted to him/her.
Copy rights

The data GmbH is either owner of the software or owner of the respective
rights of use, the software is protected by copy right applying in Germany,
Europe, the US and generally in all countries complying to international copy
right agreements. The user will promptly notify the data GmbH in writing
in case data GmbHs rights are violated or challenged in any way.
Furthermore, he/she will protest against any infringement of these rights and
take appropriate measures to indicate data GmbHs property rights.
Usage rights

The data GmbH grants the user the individual right of use of the
software, meaning that this right of use is restricted to the use for private
purposes or at one specific personal computer respectively. Third parties are
excluded from this right of use.

The user will refrain from any use of the software not explicitly authorised in
this agreement. In particular, he/she may not translate the software, modify or
customise the software, compile other software programs that derive from this
software or correct all or part of any possible defects of the software without
prior written consent by the data GmbH. Furthermore, the software may not
be decompiled beyond the limits of the currently effective legislation.

Furthermore, the user may not lend or lease the software, make it available to
third parties, telecommunicate the software or publish it via any medium, in
particular via the internet. The user may generate one backup copy for
himself/herself only.

Using the software beyond the modalities defined in this agreement is allowed
under a separate supplemental agreement only and may be charged separately.
Warranty

In case legal claims are lodged against the data GmbH on the grounds of a
violation of patent or copy rights in regard to this software, the user will
grant the right and acquire the rights of use of the software in his/her sole
discretion and on his/her own cost or replace or modify the software, in order
to avert the assertion of the claims. In case none of these measures can be
implemented successfully the user will promptly and demonstrably destroy the
software or return the original copy of the software to the data GmbH.
However, the data GmbH is not bound to the above mentioned terms in case
a legal claim is lodged
- on the grounds of the use of any other than the current and unchanged version
of the software, in case the legal claim could have been averted by the use
of the original version of the software
or
- on the grounds of the use of the software in combination with another
software, not supplied by the data GmbH.

The warranty granted for this item excludes any other activated guarantees. The
data GmbH does not warrant that the functions of the software comply with
the users requirements and specifications or the users expectations about the
performance and functions of the software. The data GmbH likewise does
not guarantee that the software is error free.

The user explicitly accepts that the data GmbH is free from any liability
in case the user modifies on his/her own responsibility the current version of
the software or uses the software on any IT appliances or systems other than the
ones identified at installation. Services rendered by the data GmbH at
the request of the user within the scope of this warranty, not being necessary
due to errors in the software, are charged to the user on the basis of the time
spend and the rates effective on the day the service was rendered.
Liability

The legal liability is explicitly defined as a liability to work towards the
desired result. The data GmbH is on no account liable for possible
indirect damages, in particular for economic disadvantages or for damages due to
lost gains arising from the use of this software. This also applies in case the
data GmbH has been informed about the possible occurrence of such
damages. The data GmbH is also not liable for claims by third parties.

It is explicitly agreed upon that the data GmbH is in no case liable for
damages arising from use of the software other than the one it was developed
for.

According to this licence the data GmbH can be made liable by judicial
resolution exclusively. At any rate the data GmbHs liability is limited
to the amount paid by the user for the respective software version.
Period of validity and termination

This licence is valid until terminated. The licence can be terminated with
immediate effect if the user does not comply with the regulations of this
licence agreement. In case of a termination the data GmbH is not bound to
refund the amounts paid by the user.
Upon termination of this agreement the user may no longer use this software and
will proof to the data GmbH within a period of 8 days after receipt of
the termination that the software has been de-installed.
Governing law - jurisdiction

This licence is governed by German law. The parties explicitly agree to appeal
to the courts in Kiel, Germany, in case of disputes concerning wording,
interpretation or execution of this licence. The same applies to accelerated
proceedings and to proceedings with several defendants.
General

The nullity or invalidity of one of the regulations of this licence agreement
does not prejudice the validity of any of the other regulations. This licence
replaces and annuals all verbal or written agreements and offers previously made
between the parties concerning the subject of this licence.
Modifications of this licence are valid only if made in writing and signed by
both parties. In case the regulations of this licence cannot be fulfilled or can
only be fulfilled belatedly due to social conflicts, force majeure or any other
incident beyond its control, the data GmbH is exempt from any
liabilities.