All intellectual property rights on the software have been reserved by and are the property of APONDOS and its suppliers. This software is not sold; it is provided exclusively under licence. APONDOS grants the right to copy, download, install and utilise the software within the framework of these contract conditions, or to profit from the intellectual property rights of the software and its functionality in other ways. Products of third parties, which are contained within the software, may be subject to other business conditions. Information in this regard will typically be provided in the form of a separate licensing agreement, or in a "readme" file that may be provided with such products.
THE SOFTWARE MAY CONTAIN PRODUCT ACTIVATION AND OTHER TECHNOLOGICAL FEATURES THAT PREVENT UNAUTHORISED COPYING. THE ACTIVATION TECHNOLOGY FEATURES MAY HINDER YOUR UTILISATION OF THE SOFTWARE, INSOFAR AS YOU HAVE NOT OBSERVED THE ACTIVATION PROCEDURE THAT IS DESCRIBED IN THE SOFTWARE AND THE DOCUMENTATION. Visit the website http://www.apondos.net for additional information about product activation.
"APONDOS" stands for APONDOS Ltd., a public limited company with headquarters in London. "Computer" is defined as a computational device, which is capable of storing information in a digital or other format, and which can display a special result on the basis of a specific command sequence. "Internal Network" is defined as a private, secured network source, which is only accessible for employees and individual contract partners (for instance temporarily employed staff) of a specific company or an associated business unit. An Internal Network does not include the Internet, or any other possible linked networks that are publicly accessible, such as especially the networks of groups, associations or similar organisations that are based on a membership or subscriptions. "Permitted Number" is defined as one (1), insofar as this is not defined otherwise in a licensing agreement granted by APONDOS (e. g. multiple licences-- "Volume License"). "Software" includes (a) all information, which is provided with this contract. This especially includes (i) software files and other computer information provided by APONDOS or third parties; (ii) samples and files containing photos, illustrations, audio files, clipart and other artistic works (the "Master Files"); (iii) accompanying explanatory material in printed or digital format (the "Documentation"); as well as (iv) fonts; and (b) all modified versions and copies, including all updates, upgrades and supplements of such information, which has been made available to you by APONDOS at any point in time, insofar as this does not occur under a separate contract (hereinafter summarily referred to as "Updates").
2. Software licence.
If you have obtained the Software from APONDOS or from one of its authorised licensees, and as long as you observe the conditions of this contract, APONDOS will grant you a non-exclusive licence for utilisation of the Software, in the manner and for the purposes described in the Documentation, and subject to the following provisions. See Item 14 for special conditions with regard to certain components.
2.1 General utilisation.
You may install and utilise a copy of the Software on a compatible Computer, up to and including the Permitted Number; or
2.2 For utilisation with a server.
You may install a copy of the Software on the fileserver of a Computer in your Internal Network, for the purpose of downloading and installing the Software to Computers, up to and including the Permitted Number, which are installed within the same Internal Network, or
2.3 For utilisation with a server.
You may install a copy of the Software on the fileserver of a Computer in your Internal Network, for the purpose of using the Software with commands, data or instructions (for instance scripts) from other Computers within the same Internal Network, on the condition that the total number of users (not the number of simultaneous users), who are authorised to utilise the Software on the fileserver on a Computer, does not exceed the Permitted Number. Every other utilisation of the Software in a network is not permitted, including a direct utilisation, or the utilisation via commands, with data or by way of instructions from or on a different Computer that is not a part of the Internal Network, the utilisation for Internet or Web hosting services, or the utilisation by users that are not authorised by a valid licence from APONDOS for the utilisation of this copy of the Software; and
2.4 Utilisation on portable or home Computers.
In addition to the Articles 2.1, 2.2 and 2.3 regarding permitted copies, the main user of a Computer, on which the Software is installed, may make a second copy of the Software, which is exclusively intended for utilisation on a portable Computer, or a Computer that is located in his home. However, the Software may not be used on the portable Computer or the home Computer simultaneously with a utilisation of the Software on the main Computer.
2.5 Backup copy.
You are authorised to make a backup copy of the Software, under the precondition and that is backup copy will not be installed and utilised on any other Computer. A transfer of these rights for the preparation of a backup copy is not permitted, except in those cases were all rights to the Software are transferred, in conformity with Article 4.4 of this contract.
2.6 Master Files.
Master Files may be subject to special rights and limitations, but you may display, modify, reproduce and distribute these, if the "readme" files do not make contrary provisions. However, you are not permitted to distribute Master Files individually, namely in those cases in which the use of these files constitutes the actual value of the distributed product. Master Files may not be used for the production of insulting, slanderous, obscene or pornographic material. They may also not be utilised for material that violates the intellectual property rights of third parties, or for any material that is illegal in some other manner. With regard to the Master Files or any derivations thereof, you will have no claim to any rights on brand names or logos.
3. Rights to intellectual property.
The Software, as well as all authorised copies made of this Software by you, are the intellectual property of and belong to APONDOS Systems Incorporated and its suppliers. The structure, organisation and the code of the Software represent important company secrets and contain confidential information of APONDOS Systems Incorporated and its suppliers. The Software is legally protected, especially by copyright legislation of the United States of America, the United Kingdom of England, by the European Patent Office and by other countries, as well as by numerous international treaties. With the exception of the current provisions, this contract does not give you any intellectual property rights on the Software, and all rights that have not been expressly granted are reserved for APONDOS and its suppliers.
4.1 Copyright notices.
Copying of the Software, with the exception of those cases that are indicated in Articles 2 and 14, is not permitted. Every authorised copy of the Software that is made by you must display the same Copyright notices that are provided in or on the original Software.
No changes. Insofar as Article 14.7 does not give corresponding permission, any change, adaptation or translation of the Software is not permitted. You are not allowed to decompile, disassemble or reverse engineer the Software, and any other ways of determining the source code of the Software are also prohibited, with the exception of those decompilation measures that are permitted in accordance with applicable law, for the purpose of assuring the interoperability of the Software.
4.3 No unbundling.
The Software may contain various applications, programs and components, support different platforms and languages, and it may be made available to you on different storage media and in multiple copies. Nevertheless, the Software was developed as a single product and made available to you in that form. In accordance with Articles 2 and 14, the Software may only be utilised on Computers as a single product. While it is not necessary that you use all components of the Software, it is nevertheless not permitted to unbundle the Software and use different Software components on different Computers. Unbundling or repackaging of the Software, for the purpose of distribution, transmission or resale, is not permitted.
4.3 No transfer.
YOU ARE NOT PERMITTED TO HIRE OUT, LEASE, SELL, SUBLICENCE, CEDE OR TRANSFER THE RIGHTS OF THE SOFTWARE, AND YOU MAY ALSO NOT PERMIT THE COPYING OF EITHER PARTS OR THE ENTIRETY OF THE SOFTWARE TO THE COMPUTER OF A NOTHER PERSON OR LEGAL ENTITY, WITH THE EXCEPTION OF THOSE CASES FOR WHICH EXPRESS PERMISSION HAS BEEN PROVIDED. You may, however, transfer all of your rights for the utilisation of the Software to another natural person or legal entity, under the precondition that (a) you transfer (i) this contract and (ii) the serial number(s), (iii) the Software, as well as any other Software or hardware, which has been supplied, was packaged or had been preinstalled, including all copies, upgrades, updates and earlier versions, and (iv) all copies of the font type software that had been converted into other formats, to this natural person or legal entity, and (b) that you do not retain any upgrades, updates and copies, including backup copies and any other copies, which may be stored on a Computer, and that (c) the recipient of the Software accepts the conditions of this contract, according to which you will have acquired a valid software license. DESPITE THE ABOVE PROVISIONS, YOU ARE NOT ALLOWED TO TRANSMIT TRAINING, ADVANCE OR SAMPLE COPIES OF THE SOFTWARE. APONDOS can require that, in advance of a transfer of the Software, you and the recipient confirm the fulfilment of this contract in writing, and that you provide APONDOS with information about both parties to the transaction, and that you assure that the end user registers the Software. You should plan on a period of 4 to 6 weeks for such a transfer. For further information, please visit our website http://www.apondos.net or contact the APONDOS customer service department.
If the Software represents an upgrade or an update of a previous version of the Software, then you must dispose of a valid licence for the PC version before you can utilise the upgrade or update. All upgrades and updates are made available to you on the basis of an exchange of licences. You agree that, with the utilisation of the upgrade or update, you voluntarily waive the right to utilise the previous version of the Software. In exceptional cases, you may continue to use the previous version of the Software on your Computer, after receipt of the upgrade or update, solely for the purpose of easing the transition to the upgrade or update. This right is made available to you exclusively under the condition that the upgrade or update and the previous version will be installed on the same Computer. Upgrades and updates must be licenced to you by APONDOS and may contain additional or indifferent licence conditions.
6. LIMITED GUARANTEE
Unless provided to the contrary under Article 14, APONDOS guarantees to the natural person or legal entity acquiring a first licence for the utilisation of the Software on Computers in accordance with the conditions of this contract that, for a period of ninety (90) days after the receipt of the Software, the Software will essentially be capable of carrying out the functions described in the Documentation, under the condition that the Software is utilised with the recommended operating system and the recommended hardware configuration. Minor deviations from the descriptions in the Documentation do not constitute a warranty claim. THIS LIMTED GUARANTEE DOES NOT APPLY TO CORRECTIVE SOFTWARE, FONT TYPE SOFTWARE THAT HAS BEEN CONVERTED TO OTHER FORMATS, ADVANCE OR TEST (BETA) VERSIONS, STARTER SOFTWARE, EVALUATION COPIES, PRODUCT SAMPLERS OR SAMPLE COPIES ("NOT FOR RESALE -- NFR") OF THE SOFTWARE OR WEBSITES, ONLINE SERVICES OR CERTIFICATION SERVICES (see Article 14). All warranty claims must be asserted within sixty (60) days, under the presentation of the purchase voucher. If the Software should essentially not fulfil the functions that are described in the Documentation, then you must assert your warranty claim against APONDOS and APONDOS Group companies, whereby the sole obligation on the part of APONDOS, within the framework of this guarantee, consists of an exchange of the software or a repayment of the licence fee that was paid for the Software, at the choice of APONDOS. THE LIMTED GUARANTEE DESCRIBED IN THIS ARTICLE GRANTS YOU SPECIAL RIGHTS. YOU MAY POSSIBLY BE ENTITLED TO OTHER RIGHTS. SUCH RIGHTS VARY ACCORDING TO THE APPLICABLE LEGAL SYSTEM. Further information with regard to this warranty, if applicable, can be found in the country-specific exceptions that are documented at the end of this contract. For any further questions, please take up contact with the APONDOS customer service department.
7. EXCLUSIONS FROM THE GUARANTEE:
THE PRECEDING, LIMITED GUARANTEE IS THE ONLY WARRANTY PROVIDED BY APONDOS AND THE APONDOS GROUP COMPANIES, AND IT REPRESENTS THE ONLY WARRANTY CLAIM THAT CAN BE ASSRTED AGAINST APONDOS, APONDOS GROUP COMPANIES OR ITS SUPPLIERS, IN THE EVENT OF A BREACH OF WARRANTY. APONDOS, ITS GROUP COMPANIES AND ITS SUPPLIERS, MAKE THE SOFTWARE AND ALL ACCESS FACILITIES TO ALL WEBSITES, ONLINE AND CERTIFICATION SERVICES, AVAILABLE UNDER INCLUSION OF ALL SHORTCOMINGS ON AN "AS IS" BASIS, WHEREBY ALL GUARANTEES, PROMISES, PROVISIONS OR CONDITIONS OF AN EXPRESS OR TACIT NATURE, WHICH MAY BE DUE TO A BUSINESS RELATIONSHIP OR TRADE CUSTOM, OR ARE DERIVED FROM LEGAL REGULATIONS, PROVISIONS OF CUSTOMARY LAW OR OTHER REGULATIONS, ESPECIALLY WITH REGARD TO PEFORMANCE, SECURITY, LEGAL EFFECTIVENESS, INTEGRATION, MARKETABILITY, UNDISTURBED POSSESSION OR USEABILITY FOR CERTAIN PURPOSES, ARE EXPRESSLY EXCLUDED. EXCLUDED FROM THIS IS THE LIMITED GUARANTEE MENTIONED ABOVE, AS WELL AS ANY WARRANTY, CONDITION OR PROMISE THAT CANNOT AND MAY NOT BE EXCLUDED OR LIMITED, DUE TO NATIONAL LEGISLATION. The conditions that are listed in Article 7 and Article 8 are also applicable after the termination of his contract, independent of the reason for its termination. This however excludes that the Software may continue to be used after the termination of this contract, or that the user rights are extended after the termination of the contract.
8. LIABILITY LIMITATION.
WITH THE EXCEPTION OF THE LEGAL REMEDIES THAT ARE EXCLUSIVELY DESCRIBED ABOVE, AND IF NOT PROVIDED FOR TO THE CONTRARY IN ARTICLE 14, APONDOS AND ITS SUPPLIERS WILL ASSUME NO LIBAILITY FOR LOSS, DAMAGES, CLAIMS OR COSTS OF ANY KIND, ALSO INCLUDING CONSEQUENTIAL DAMAGES, INDIRECT OR ACCIDENTAL DAMAGES, FOREGONE PROFIT OR SAVINGS, DAMAGES THAT DUE TO OPERATING INTERRUPTIONS, PERSONAL INJURY OR THE CLAIMS OF THIRD PARTIES, EVEN IF A REPRESENTAIVE OF APONDOS HAD BEEN INFORMED ABOUT THE POSSIBILITY OF SUCH LOSSES, DAMAGES OR COSTS. THE ABOVE-MENTIONED LIMITATIONS ARE ONLY APPLICABLE INSOFAR AS THEY ARE PERMISSIBLE ACCORDING TO MANDATORY LEGAL REGULATIONS OF THE CORRESPONDING COUNTRY. THE ENTIRE LIABILITY OF APONDOS AND ITS GROUP COMPANIES AND SUPPLIERS, WITHIN THE FRAMEWORK OF THIS CONTRACT, IS LIMITED TO THAT AMOUNT WHICH MAY HAVE BEEN PAID FOR THE SOFTWARE. THIS LIMITATION IS ALSO APPLICABLE IN CASE OF A FUNDAMENTAL AND/OR IMPORTANT VIOLATION OF THE PROVISIONS OF THIS CONTRACT. Liability within the framework of this contract is not limited in case of death or injury to persons, if this is a consequence of negligence or malicious deception on the part of APONDOS. APONDOS only acts in the name of its Group companies and suppliers for the purpose of rejection, exclusion and limitation of obligations, warranties or liabilities; in all other cases APONDOS does not act on the behalf of its Group companies or suppliers. Further information can be found in the country-specific exceptions that are documented at the end of this contract, insofar as these are documented. For any further questions, please take up contact with the APONDOS customer service department.
9. Export regulations.
You commit yourself not to use the Software in a manner, or to dispatch, transfer or export the Software to countries, which is contrary to the export regulations of the United States of America, or according to other export legislation, limitations or regulations (in the following referred to as 'Export Legislation'). If, in addition, the Software is subject to an export control in accordance with Export Legislation, and you warrant that you are not a citizen or a resident of a country that is subject to an embargo or other limitations (including but not limited to Iran, Iraq, Syria, Sudan, Libya, Cuba and North Korea), and that you are not prohibited from receiving Software, according to applicable Export Legislation provisions. All rights for the utilisation of the Software are granted on the condition that these rights are forfeited, if you do not fulfil the conditions of this contract.
10. Applicable law.
This contract is subject to the substantive law that is an effect in (a) the United Kingdom of England. The applicability of legal collision rules and the United Nations Convention on Contracts for the International Sale of Goods are excluded. The applicability of these regulations is expressly excluded.
11. General conditions.
If any provision of the present contract should be or become invalid or ineffective, then this does not prejudice the validity or effectiveness of the contract as a whole. This contract may not prejudice the legal rights of any party that acts as a consumer. A change of the present contract is exclusively permitted in writing, and such changes must be signed by an authorised representative of APONDOS. Only the German and English versions of this contract are valid, with regard to an interpretation of the contract itself. This is the complete contract between you and APONDOS regarding the Software. It replaces all previous declarations, conversations, promises, notifications or advertisements with regard to the Software.
12. p> 6. Note for end-users in the government of the United States of America. 12.1 "Commercial Items". 4.2 2. Fulfilment of the licence contract.
The Software and the accompanying material ("Commercial Item(s)") in the sense of Art. 48 C.F.R. section 2.101, consisting of commercial Computer software ("Commercial Computer Software") and accompanying material for Commercial Computer Software("Commercial Computer Software Documentation") in the sense of Art. 48 C.F.R. section 12.212 or Art. 48 C.F.R. or section 227.7202. According to Art. 48 C.F.R. section 12.212 or Art. 48 C.F.R. section 227.7202-1 to 227.7202-4, Commercial Computer Software And Commercial Computer Software Documentation is provided to end-users In the government of the United States of America (a) only as trade goods and (b) only with those rights, which are provided to all other end-users, in accordance with the conditions are the licence contract for end-users of APONDOS. According to the copyright laws of United States of America, APONDOS reserves all unpublished rights. APONDOS Ltd. London.
Licensing of APONDOS technology by US government agencies. When licensing APONDOS Software for US government agencies or associated contracting parties, you commit yourself to observing the regulations of Art. 48 C.F.R. section 12.212 (for civil agencies) and Art 48 C.F.R. section 227-7202-1 and 227-7202-4 (for the Department of Defence). For end-users in the government of the United States of America, APONDOS commits itself to applying all equal opportunity laws, including the provisions of the Executive Order 11246, including supplements, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, including supplements, as well as the regulations in Art. 41 CFR, 60-1 to 60-60, 60-250 and 60-741. The laws and regulations about active support measures for the benefit of minorities, in the above-mentioned sentence, will be included in this contract as a reference.
At the simple request of APONDOS or its authorised representative, and within a period of thirty (30) days from the date of such a request, companies, associations and organisations are herewith obliged to confirm and prove that the utilisation of any Software from APONDOS proceeds according to the regulations of a valid APONDOS licences, at the time that the request is made.
6. Note for end-users in the government of the United States of America.
12.1 "Commercial Items".
2. Fulfilment of the licence contract.