Virthos Software License Agreement
The following Software License Agreement is binding on all Virthos users. If you use the Virthos software, you declare your acceptance of this Agreement. You must not use the Virthos software if you do not agree with any term of this Agreement.
1 Grant of License
Virthos hereby grants you a non-exclusive, non-transferable license to use the Virthos software under the conditions set forth below in the Agreement. All rights not explicitly granted to you are reserved to Virthos.
The intellectual property rights granted under this Agreement are exclusively those of Virthos and its licensors for Virthos software, and no other patents or intellectual property rights are included. Only the media on which the Virthos software are recorded become your property. Virthos and/or its Licensor remain the owner of all property or other rights to the Virthos software.
The terms of this License apply equally to any software updates made available by Virthos that replace or enhance the original software product, unless such an update is provided under a separate license. In such a case, the terms of the new license replace these terms.
2 Demo Version
The Virthos software is provided without an activation key, as a demo version. You may use the demo version on any supported computer platform in order to construct and test information systems and online applications, and to publish them temporarily on the Internet or an intranet. Publication is deemed temporary only if it does not exceed a period of 90 days. Interruptions lasting less than 30 days do not extend the authorized period.
The demo version can be subject to certain restrictions—for example, to the number of web pages that can be produced, the number of registered users, or the number of language versions permitted. Moreover, the demo version may under certain conditions include text, banner or word-and-image advertising for the products of Virthos or other parties. You are not allowed to make any attempt to suppress these advertising displays or to make them invisible to users. You may not sell, loan, or lease the demo version nor grant sublicenses for the Virthos software.
3 Registered Version
By payment of a license fee, you may convert the demo version to a registered version. This process is technically accomplished by entering a license key that you receive from Virthos Systems after payment of the license fee. Entering the license key eliminates all restrictions of the demo version, and carries with it the right to make available information systems and online applications for an unlimited period of time. When paying the license fee, you must indicate the network address where the registered version is to be made available. The license key is valid exclusively for this address. If you provide an invalid address, the demo version cannot be converted to the registered version. You have no right to exchange an invalid license key for a valid one if such invalidity results from entering an incorrect address.
If the network address where Virthos software is made available should become invalid in the future, the registered version will again convert to a demo version. You must again pay a license fee in order to use Virthos software as a registered version at the new address. In this situation as well, there exists no right to exchange a license key that has become invalid for a valid key. If you lose a license key, you may ask for a replacement to be sent by showing proof of your purchase. The proof of purchase must include the date of purchase, purchase price, the software version, and the network address. The licensee is responsible for the costs of the new delivery of the license key.
You may not sell, loan, or lease the demo version nor grant sublicenses for the Virthos software. You are, however, permitted to effect a one-time permanent transfer of all your license rights to the Virthos software to one other party, provided that the transmittal includes this License Agreement, and that the party that receives the software reads and accepts the terms of this License Agreement.
4 Restrictions
You obligate yourself to desist from any attempt to decompile, reverse-engineer, disassemble, modify, or derive products from the Virthos software or any part thereof, to the extent that this is not authorized in the scope of this License Agreement or through provisions of the law. You are furthermore prohibited from renting, leasing, loaning, distributing or transmitting sublicenses for Virthos software of any kind that has been modified or replaced. All components of the Virthos software are made available as part of a package, and may not be separated from the package or distributed as independent programs.
THE VIRTHOS SOFTWARE MAY NOT BE USED IN THE OPERATION OF, OR IN CONNECTION WITH, NUCLEAR POWER GENERATING FACILITIES, AIRCRAFT, COMMUNICATIONS SYSTEMS, FOR AIR TRAFFIC CONTROL, OR WITH LIVESAVING DEVICES OR OTHER EQUIPMENT. IN THESE SITUATIONS, A FAILURE OF THE VIRTHOS SOFTWARE MAY LEAD TO DEATH, BODILY INJURY, OR SERIOUS DAMAGE TO PROPERTY OR THE ENVIRONMENT.
5 Period of Validity
This License Agreement is in effect until its termination. Your rights within the scope of this License Agreement end automatically, without notification from Virthos, if you violate one or more terms of this License Agreement. Upon termination of this License Agreement, you are obligated to cease using the Virthos software and to destroy all copies of the Virthos software, or portions thereof, that are in your possession.
6 Disclaimer of Warranty
You confirm and expressly concur that any use of the Virthos software is at your own risk, and that this risk is wholly yours, as, in respect to your satisfaction with its quality, performance, precision, and cost. The Virthos software is delivered without any assumption of liability for defects or without any warranty of any sort. Virthos and its Licensor hereby disclaim any warranty or conditions in respect to the Virthos software, including any express, implied or legally provided warranties, especially any implicit warranties and/or conditions for its merchantability, satisfactory quality, acceptability for its intended purpose, precision, undisturbed use, or protection of the rights of third parties.
Virthos disclaims any warranty arising from claims that the undisturbed use of the Virthos software has been impaired, that the functionality of the Virthos software does not fulfill your expectations, that the operation of the Virthos software is free of defects, or that deficiencies in the Virthos software will be corrected. Any oral or written statement or declaration on the part of Virthos or an authorized Virthos representative do not imply that any warranty has been given. If the Virthos software should prove defective, you assume all expenses for any needed service calls, repairs, or corrections. Some provisions of the law do not permit the exclusion of implied warranties or limitation of the executable legal rights of a customer, so that the above-mentioned exclusions and restrictions may not be applicable in your case.
7 Limitation of Liability
To the extent not prohibited by law, Virthos is in no way liable for personal injury or incidental, specific, indirect or consequent damages of any sort, especially including lost income, data loss, interruption of business or other commercial damages or losses that arise from the use of the Virthos software or the inability to use the Virthos software or that are connected with such inability, without respect to the legal basis of such claim of liability (contract, unauthorized use or other), even if Virthos has been made aware of the possibility of such damages. In some jurisdictions, a limitation of liability for personal damages, incidental damages or consequent damages is not admitted. In that case, it is possible that this limitation does not apply to you. In no case will Virthos’ total liability for all damages (except for legally enforced liability for personal damages) exceed the sum of fifty Euros (€ 50.00). The previously enumerated provisions remain in effect even if the above-mentioned legal remedy fails of its essential purpose.
8 Applicable Law and Partial Invalidity
This License Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, as it applies to contracts concluded in Germany between German nationals. This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, whose applicability to it is hereby expressly excluded. The non-applicability of particular terms of this License Agreement does not affect the validity of the remainder of the Agreement.
9 Completeness
This License Agreement constitutes the entire agreement between the parties in respect to the Virthos software licensed through the Agreement, and supersedes any prior oral or written agreements. Any modifications and additions to this Agreement must be made in writing. Any translation of the License Agreement serves only for purposes of product localization. In the event of a discrepancy between the German version and a non-German version, the terms of the German version shall apply.
10 Acknowledgement of the Rights of Third Parties
Parts of the Virthos software use or contain software or other protected intellectual property of third parties. The acknowledgment, licensing terms and provisions for compensation of damages for these materials are contained in the Virthos software, and the use of these materials is subject to the pertinent terms.
In the case of certain libraries and other software programs of third-party providers delivered along with the Virthos software, the software may be free software, licensed under the terms of the GNU Library General Public License Version 2 ("GPL"), or the GNU Library/Lesser General Public License ("LGPL"). You may obtain a complete machine-readable copy of the source code for this free software under the provisions of the GPL or LGPL upon written request to Virthos without charge, except for a defrayal of the costs of media, shipping, and handling. The GPL/LGPL software is distributed with the expectation that it will be helpful, but WITHOUT ANY WARRANTY, including any warranty for MERCHANTABILITY or APPROPRIATENESS FOR A GIVEN PURPOSE. A copy of the GPL and LGPL Agreements for Public Licenses is delivered along with the Virthos Software.