Glück & Kanja Consulting AG – License Agreement from March 3, 2012
1. Introduction – This is the license agreement between the end user (below "user" is defined as either an individual person or a legal person) and the Glück & Kanja Consulting AG, Christian-Pleß-Straße 11-13, 63069 Offenbach, Germany (below “Glück & Kanja") about the right to use (license) for all nitrobit products and their respective demo-versions. While the license agreement covers the legal aspects of all of these products, it is only valid for the product or products (below "product"), which the user has received free of or with charge from Glück & Kanja or a distributor.
2. Copyright/Reproduction – All Glück & Kanja products, including the complete documentation, are protected by copyright. However, the user is entitled to either (a) make one single copy of the software product solely for back-up or archiving purposes, or (b) to transfer the software product to one single hard disk, provided the user keeps the original for the sole purpose of back-up or archiving.
3. Varying License Models – If a special license model is agreed upon with an enterprise within the context of a contract, these special provisions are valid in reference to the number and use that differ from the above mentioned provisions through the contract transferred licenses.
4. Warranty - Glück & Kanja warrants that the products primarily fulfill the main functions in line with the documentation and correspond to the recognized rules of the technology as well as making sure that the products are not inflicted with mistakes that cancel or reduce the value or the efficiency of the purpose described in the documentation. Faults in the software including the documentation and other documents are remedied within the warranty period of twelve (12) months after delivery (e.g. download) according to corresponding notification through the user. It is Glück & Kanja’s or the distributor’s option whether this will be done through subsequent improvement or replacement. When an improvement or replacement fails, the user is entitled to a refund of the price paid (if any) for the product or reduction. In the case of refund of purchase price, the user must return the product to Glück & Kanja or a distributor along with a declaration that all other copies of the product were deleted. Demo versions (also "Evaluation Copy", "Beta Version", "Pre-Release Version", etc.) that were available for the user at no charge, do not fall under the warranty for the full version. Such versions are available as restricted functioning versions. Please note that free test versions should only be deployed in designated testing environments.
5. Liability – Glück & Kanja shall be liable without any limitation for damages due to defects of the missing of warranted characteristics. Liability for initial inability, delay or impossibility shall be limited to the amount actually paid by the user for the product as well as to such damages that have to be reckoned with the typically occur in the context of making available of software. In any other circumstance, Glück & Kanja shall be liable only for intent and gross negligence, including its legal representatives and vicarious agents, unless a specific obligation of Glück & Kanja is involved that must not be infringed and must be complied with for its major importance for the achievement of the contractual purpose (cardinal obligation). In case of an infringement upon a cardinal obligation, the company shall also be liable for slight negligence. However, the limitation of liability for initial inability shall be considered accordingly. The user must take notice in carrying out data protection with due diligence. Glück & Kanja is not liable for damage that occurs due to data loss, unless such damages, that also would have ensued with correct data protection.
6. Third party rights - Glück & Kanja does not guarantee that the use of the license does not interfere with third party trademark rights or copyrights or that a third party does not cause damage to it, as long as Glück & Kanja regulations to the contrary or third party damage are not known.
7. Should this agreement contain a loophole or if any of the provisions of this agreement are invalid, ineffective or unenforceable, that will not affect the validity of the remaining provisions.
8. The user verifies that he has read, understood and accepted these license conditions. The user also verifies that this license agreement represents the only and exclusive agreement between the user and Glück & Kanja, which suspends all previous written or oral proposals or agreements, as well as all previous product-relevant communication between the user, Glück & Kanja and its distributors.
9. This agreement will be governed exclusively by German law. The application of the UN Sales Convention (CISG) is explicitly excluded.