Art. 1 Copyright and License
1. The files stored on the CD-ROM, the software and the manual, hereinafter referred to as the Objects, are protected by copyright; all rights to them are held exclusively by shen.de unless exceptions are explicitly provided for in the license agreement. Independently thereof, the parties hereto agree that the rules of copyright are to be applied to the Objects.
2. The user is granted non-exclusive rights to use the Software in the way described in the manuals. Any other ways or possibilities of using the Software are inadmissible, in particular any translation, reproduction, decompilation, transformation in a machine-readable language and public communication; this applies to all Software as a whole and to any of their parts. In running the program, the user fully accepts all rights of the publisher over the program and media content (patents, copyright, trade secrets). This applies also to the copyright of all documentation that is available in printed or digital form. The user may not change any copyright endorsements, qualifications and/or property statements from the publisher on the program, media or documentation.
3. The purchaser receives non-transferrable non-exclusive rights to the program. The user may install the program on several computer or workstations, only the purchaser is allowed to use the program. The program is for personal use only; commercial use requires permission from the publisher.
4. A multi-user license is required before the program can be installed on more than two independent computer or on a network with access via more than one terminal. A multi-user license allows the program to be used on more than one computer or workstation at a time. The end users must belong to the licensed institution (e.g. on the staff or users of the library).
If the Objects are to be accessed in a network by more than one terminal simultaneously, additional licenses must be obtained from shen.de. Such a license is obtained by obtaining the corresponding multi-user CD-ROM and paying the purchase price valid for that version at the time. In any other respect that version is subject to the same conditions of use and registration. A distinction is made between the number of installations on individual computers (clients) and the maximum number of simultaneous network users possible (floating license). In the second case, the user must ensure that the number of simultaneous users is not more than that given in the license. If more simultaneous users access the software, further licenses must be obtained.
The same use and registration conditions apply to the multi-user license as for the single-user license.
The user shall store the Objects with due care in order to prevent third parties from accessing them and to prevent their abuse. The Objects stored on the CD-ROM may not be reproduced.
Art. 2 Transferral
1. Any transferral (e.g., sale) of the Objects to a third party, and therefore any transfer of the rights and faculty to use them, is only admissible with written authorisation from shen.de.
2. shen.de shall provide such authorisation only if the original user makes a written application with a declaration from the new user that he/she will comply with the provisions of this license. When the authorisation is received by the original user, his/her license expires, rendering the transfer admissible.
Art. 3 Guarantee
1. The user is conscious of the fact that it is not always possible to create perfect databases and software; he/she will take appropriate steps to verify the correctness of any results of his/her work with the software.
2. In the case of faulty material, manufacturing defects, the absence of guaranteed characteristics, or damage in transit, shen.de shall replace the Objects. Further claims shall be admitted only if the user has purchased the Objects from shen.de directly. To invoke the guarantee, the user must supply a detailed written description of the fault immediately.
Art. 4 Liabilities of shen.de
1. shen.de will be liable for damages, whatever the legal ground, only in the case of intent or gross negligence and with respect to items covered by the guarantee. A guarantee of specific characteristics is given only in individual cases to specific users and requires an explicit written representation. Neither the originator nor the manufacturer are liable for information given under Art. 3. Liability under the product liability act is not affected. Shen.de may always claim a contributory fault on the part of the user.
2. The originator or manufacturer named on the Objects will be liable to the user, whatever the legal ground, only in case of intent or gross negligence. No guarantee is given in the case of possible running problems arising from, amongst other things, incompatibilities due to update patches or video drivers. Every care has been taken in the preparation of texts and figures, but the possibility of errors cannot be completely excluded. The publisher and software originators take no responsibility for incorrect entries and their consequences.
3. In no event shall shen.de, its licensors or suppliers be liable for any consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, based on claims of you or any other party arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, failure of any remedy to achieve its essential purpose or otherwise. Notwithstanding the form (e.g. contract, tort or otherwise) in which any legal or equitable action may be brought, in no event will shen.de or its suppliers be liable for damages or losses that exceed, in the aggregate, the following for each respective breach or series of related breaches: with respect to software, the amount of license fees paid by customer for the software that gave rise to such damages or losses; and with respect to any support or other services provided hereunder, the amount of fees paid for the support or services that gave rise to such damages or losses. Except with regard to payments due shen.de, neither party shall be liable for any delays or failures on performance due to circumstances beyond its reasonable control that could not be avoided by its exercise of due care.
4. The maximal liability of shen.de will never top the amount you have paid for the product.
Art. 5 Liabilities of the User
1. The user agrees to comply with the rules for use and transferral (Art. 1 and 2). Violations of these rules are criminal offences and may also give rise to claims for damages against the user from the licensers of shen.de.
2. In the case of serious violations committed by the user, shen.de (Springer-Verlag) may revoke the license and demand that Objects are returned.
Art. 6 Data Protection
The user consents to the computerised storage and processing of his/her personal data.
Art. 7 Conclusion of the Agreement
The user understands that this agreement is not accompanied by a declaration of consent from shen.de
Art. 8 Final Provisions
1. The present agreement applies to Objects already delivered and still to be delivered.
2. If any provision of the agreement is or becomes invalid or if the agreement is incomplete, the remainder of the agreement is not affected. The invalid provision shall then be replaced by a legally valid provision which comes as close as possible to the invalid provision in its economic effect. The same applies to possible gaps in the agreement.
3. This agreement falls under the jurisdiction of the courts at Marburg, Germany, if the user is a merchant who has been entered in the commercial register, a legal entity under public law, or a public special fund, or if he/she has no residence or place of business in Germany.
4. This agreement is subject to the laws of Germany to the exclusion of the UNCITRAL trading rules.