spring techno GmbH Software License Agreement
IMPORTANT: Please read this License
Agreement carefully before opening the package or installing the
software. By clicking on the button "Yes" or "Accept" or by opening of
the package you accept the conditions of this agreement. If you do not
accept the conditions of this license agreement, you must click on the
button "No" or "I don't accept" in order to cancel the installation
process or you must return the unopened package together with all other
parts of this software product immediately to your dealer. The purchase
price will in this case be refunded in full.
1.) License: As far as the full version of Market Analyser is concerned, spring techno GmbH grants you a non-exclusive license to use the software and related documentation as defined in this agreement. You may install the software on one computer. In addition, you may install the software on a second computer (laptop or home PC) under the condition that only one installation will be used at any one time. You may make a copy of the software for purposes of data backup and archiving, however each copy must contain all original ownership marks of the original package. You may use the related documentation as a supporting tool for the use of the software. If you have received the software by download, you may read the documentation on your computer. You may however not create any additional copies of the documentation. Although you are the owner of the media containing the software, you are not the owner of the software itself or of any copies made thereof, as you only acquire the legal rights to use the purchased software. This license does not represent a sale of the original software or any copy thereof.
Should you have acquired a demo version of this software without license, spring techno GmbH grants you a non-exclusive license free of charge to use the software for purposes of examination whether you would like to acquire a full software license. spring techno GmbH does not accept any liability for any loss of data or other information. Any usage of the software beyond this agreement represents a violation of current national and international copyright law.
2.) Copies, Modifications and Transmissions of the software:
the software contains elements, business secrets and other intellectual
property protected by copyright law. You may only allow parallel usage
of the software if each user has an adequate license. You may only
allow usage of the software by any other person under the above
outlined conditions. You may not decompile, disassemble, reverse
engineer or in any other way or fashion bring this software into any
form legible by human beings. You may not modify, translate, lease,
rent out, lend or distribute the software. In addition, you may not
sell your license to use the software to any other person or company.
You may not remove any ownership marks or inscriptions contained in the
software. You may copy, sublicense or transmit the license or the
software only within the conditions set out by this agreement.
You accept and agree that the conditions of this agreement are valid for the software as well as for each part of the software independent of whether the software is property of spring techno GmbH or any license providers of spring techno GmbH.
3.) License for usage of the content: All contained graphics, pictures, symbols, media files as well as all other files contained in the software are and remain the property of spring techno GmbH or license providers to them.
4.) License period: Once you have acquired a license, this agreement shall be valid from the point in time at which you accept the conditions of this agreement, until the agreement is terminated. You can terminate this agreement at any point in time by destroying all copies of the software. This license agreement is terminated immediately and without further notice if you violate any of the conditions of this agreement. All obligations for nondisclosure and limitations of usage as well as all other conditions that carry meaning beyond the termination of the license agreement, remain valid after termination. You accept the obligation to destroy all copies of the software after termination of this agreement.
5.) Limited warranty: If you have acquired a license and the
software is delivered via a storage media such as CD-ROM or diskette,
spring techno GmbH guarantees that the media containing the software
will be free of material defects or production faults for a period of
six (6) months of normal usage starting with the date of receiving the
software (proof of purchase and delivery will be required). This
warranty is limited to these cases and it cannot be transferred. The
warranty does not include damage caused by negligence or wrong usage.
The liability accepted by spring techno GmbH and the means of legal
redress remain the exclusive choice of spring techno GmbH and include
i) replacement of damaged media
ii) advice on how to achieve essentially the same results as described in the software documentation by using a
method not explained in the documentation.
iii) refund of the purchase price for the software
If you have acquired a demo version of the software without a license, spring techno GmbH does not accept any liability with regard to the media (if present) containing the software. Such media are made available "as is" without any further warranty.
6.) Exclusion of warranty: the software, the documentation and the media (except for cases described in paragraph 5) containing the software are supplied "as is" without any explicit, implicit or legal warranty, including but not limited to any guarantees of market applicability or suitability for any particular purpose. The entire risk concerning quality and performance of the software and the documentation resides with the user. Should it turn out that the software or the documentation are damaged, you (and not spring techno GmbH or any distributor, license provider or trading company) accept liability for all costs incurred for any service or repair work.
spring techno GmbH does not guarantee that the functionality contained in the software meets your requirements or that these functions will work in the combinations desired by you, neither guarantees spring techno GmbH that the software will work without errors or interruptions or that any errors in the software have been corrected. Neither an oral nor a written statement from spring techno GmbH or any representative of spring techno GmbH can be interpreted as a warranty or extend the conditions of this warranty.
spring techno GmbH does not provide any warranty for the software against impairment or similar conditions regarding copyright, patents, trade secrets, trade marks or other property rights of third party providers. In addition, spring techno GmbH does not guarantee that the software does not contain any virus, software parts or other software designed to admit or perform unauthorized access to your data or application programmes, or designed to deactivate, delete or damage in any other way or fashion or perform any similar action on software, hardware or data.
All warranties that are required by law to exceed the above exclusions, are limited to a period of six (6) months starting with the date on which you have received the software (proof of purchase and delivery will be required).
7.) Liability restriction: Your exclusive rights and
obligations and spring techno GmbH's exclusive warranty conditions are
represented by the preceding paragraphs. Under no circumstance will
spring techno GmbH, any distributor or trader accept any liability for
damage, including subsequential damages and especially including
unrealized profits, caused by direct, indirect or negligent usage or
caused by the inability to use the software or by defects in the
software, even if they were informed about the possibility or
likelihood of such damages.
You accept explicitly that spring techno GmbH, the distributors and traders cannot be held responsible for protection, defence or compensation of any possible claims of third parties against you that are the result of your possession or usage of the software or the documentation. Under no circumstances can the total liability of spring techno GmbH towards you for damages, losses or other measures (either as part of a contract or as an offence, including but not limited to negligence) exceed the purchase priced paid by you for the product.
In some countries it is not permissible to limit the period of validity of a tacit warranty or the exclusion or restriction of accidental or subsequential damages. Therefore the above listed restrictions and exclusions may not be applicable to you. You receive certain rights under this warranty. Depending on the country, you may have other additional rights.
8.) You declare your acceptance to obey all rules, laws and
regulations regarding the export of software or documentation. In
particular you may not export, re-export or ship the software or the
documentation or any direct product of either in contradiction to any
law or regulation of the Federal Republic of Germany that may apply to
9.) High risk activities: the software is not fault tolerant and is not designed nor developed nor intended for application or resale as online control device in high risk environments such as nuclear plants, aeroplane navigation or communication systems, life-saving systems, weapon systems or as part of an air traffic control system, all of which rely on error free operation and where defective software can lead directly to death, injury, grievous bodily harm or harm to the environment. spring techno GmbH and their suppliers do not provide any tacit or explicit guarantee for the suitability of application in areas with high risk (see above).
10.) Agreement: This agreement constitutes the totality of the
agreement between spring techno GmbH and you. It supersedes all and any
previous agreements (oral or written) with regard to the content.
Please do not hesitate to contact us at the e-mail address below regarding any questions, amendments, extensions or errors. E-mail messages will be responded to in the shortest time frame possible.