Licence Agreement for individual workstations
21 August, 2006
This EXAM end-user licence agreement is a legally-binding agreement between you (either as a direct user in your own name or as a representative of a company) and Peters Software GmbH in respect of the product named above, comprising computer software, associated data and media, printed material and online or electronic operating instructions. If you install or copy the product or use it in any other way you fully accept the terms of this end-user licence agreement. If you do not accept the terms of this end-user licence agreement, do not install this product; instead return it to the retailer within a period of 30 days for a refund of the licence fee.
Following successful installation and once the EXAM end-user licence has been cleared for use (10-day time limit removed), the product shall be considered to have been accepted unconditionally.
This product is protected under copyright law (under national law and international agreements). This product has not been sold to you, but simply licensed to you.
1) GRANTING OF LICENSES
This end-user licence agreement grants you, as a user, a licence with the following rights:
a) Software use. This product may only be used by you. You may install this product or an earlier version for the same operating system and use a copy thereof on a single computer.
b) Storage and network use. You may also store or install a copy of the product on a storage device, such as a network server, but solely for the purpose of installing or using the product via a network on other computers that belong to you. However, in such cases you must obtain a licence for each user who accesses and uses the product via the storage device. A licence issued for the product may not be used at the same time on several computers within the same business or by multiple users, nor may it be shared in any other way amongst them.
c) Licence package. If you have obtained the end-user licence as an EXAM licence package, you may make the relevant number of additional copies of the computer software element of the product as shown above in this end-user licence agreement and you may use those copies as described above.
2) DESCRIPTION OF FURTHER RIGHTS AND RESTRICTIONS
a) Restrictions with regard to reverse engineering, decompiling and disassembling.
You may not alter the product, subject it to a reverse engineering process, de-compile it or disassemble it.
b) Hiring. You may not hire out, lease or lend the product to anybody.
c) Software transfer. You may transfer all the rights under this end-user licence agreement, wholly and permanently, provided that (1.) you do not retain any copies (either of the complete product or of individual components), (2.) you transfer the whole product (including all accompanying materials (on data media or printed form), end-user licence upgrades, and any certificates of authenticity) permanently and in its entirety to the recipient and (3.) the recipient has previously agreed to abide by all the terms of this end-user licence agreement. If the product is an upgrade, you must transfer all such previous versions of the product and all associated rights as are in your possession. Furthermore, you must notify Peters Software GmbH immediately, in writing, of the transfer and Peters Software GmbH must give written consent.
d) Service. You are entitled to product-related services from Peters Software GmbH. Use and terms of these services shall comply with Peters Software GmbH's standard business policy and support programme, as described in detail in the user's product manual and/or in online documentation.
e) Termination. Without prejudice to any other rights, Peters Software GmbH may terminate this end-user licence agreement if you fail to abide by the terms of the agreement. If the licence is terminated, you must destroy all copies of the product and its components.
If the product is identified as an update by means of a label, on the invoice, or in any other way, you may only make use of it if you are already licensed as a user of a product identified by Peters Software GmbH as upgradeable. Any product marked or identified in some other way by Peters Software GmbH as an update shall replace, or constitute an addition to, the original upgradeable product. You may only use the updated product in accordance with the terms of this end-user licence agreement. If the product update only affects one component of pack licensed to you as a single product, you may only use and transfer the product as a part of this single product package. The update may not be separated from the original product for use on more than one computer.
4) Printing licence
You acknowledge and accept that a general licence to print applies solely to FAQ lists published by the Federal Transport, Construction and Housing Minister (BMVBW). Peters Software GmbH shall only authorise printing of other data subject to supplementary agreements and upon payment of a fee. Peters Software GmbH shall decide on a case-by-case basis whether or not such approval can be granted. Approval is usually granted to flying schools and examination authorities.
5) COPYRIGHT AND TRADEMARK RIGHTS
The product (including all illustrations, photographs, animation sequences, video, audio, musical and text components, along with applets built into the product), and all associated trademark and user rights, accompanying printed materials and all copies of the product are the property of Peters Software GmbH. The product's copyright and trademarks are protected by national law and under the terms of international agreements. You must keep records for the product as you would for any other copyright-protected work and you may not make copies of printed material that accompanies the product.
You may not remove notices relating to copyright and trademarks belonging to Peters Software GmbH from the product, nor may you modify or alter them. This relates in particular to notices on the packaging and data media, in the "About EXAM" window, in run-time reports, in notices that appear on the website or are accessible via the Internet, and/or in codes or materials originally in the product or created using the product.
6) SOFTWARE ON MULTIPLE DATA MEDIA
You may receive the product with multiple data media. Regardless of the type and size of the data media that you receive, you may only use the data medium which is suitable for use in your computer. You may not use or install unused data media on other computers. This shall apply in particular to portable computers that belong to a single user. You may not lend, hire out or lease unused data media, nor may you transfer them in any other form or manner to another user, other than as part of a full transfer of product ownership (as provided for above).
In the event of a dispute, Peters Software GmbH shall be free to determine whether this end-user licence agreement shall be subject to the law of the Federal Republic of Germany or to the law of the country in which you are using the product. In the event of a dispute, Peters Software GmbH shall select the jurisdiction: either the standard jurisdiction for Peters Software GmbH or a competent court in the Federal Republic of Germany. If you have any questions regarding this end-user licence agreement or if you wish to get in touch with Peters Software GmbH for any other reason, please contact your authorised national dealer or write to: Peters Software GmbH, An den Kaulen 26, 50769 Cologne, Germany (Fax: +49-221-2768391, E-Mail: firstname.lastname@example.org).
8) LIMITED WARRANTY
a) Limited warranty. Peters Software GmbH guarantees that (1.) the product will work effectively in accordance with the written documents provided by Peters Software GmbH for a period of 90 days from the date shown on the receipt, (2.) the services that Peters Software GmbH plans to provide are in line with the (relevant) written material provided by Peters Software GmbH and (3.) Peters Software GmbH employees shall, where financially reasonable, endeavour to resolve any problems which may arise in connection with the product. The statutory guarantee is (hereby) waived, to the extent permitted in law.
b) Customer's statutory rights. The liability of Peters Software GmbH and their suppliers, and your exclusive warranty rights, shall be limited, as determined by Peters Software GmbH, to (1.) a refund of the licence fees paid by you for the product, where such fees have been paid and do not exceed the recommended retail price or (2.) repair or replacement of the product component or components for which Peters Software GmbH provides a warranty, provided that the product is returned to Peters Software GmbH together with a copy of the sale receipt. This limited warranty shall not apply if the product defect is the result of an accident or of improper or incorrect use. Where replacement products are provided, the warranty shall be valid for 30 days or for the remainder of the original warranty period, whichever is longer. Peters Software GmbH shall only provide this warranty and product services if it can be shown that the product was obtained from Peters Software GmbH or one of their authorised retailers.
c) No extended warranty. To the extent permitted in law, Peters Software GmbH and suppliers under contract to Peters Software GmbH exclude any further warranty liability or liability in respect of the existence or absence of an expressly stated or implicit condition. This shall include the implicit statutory warranty for commercial quality, suitability for purpose, ownership, non-infringement with regard to the products and failure to comply with the service provision terms.
9) LIMITATION OF LIABILITY
To the extent permitted in law, Peters Software GmbH and their suppliers shall not be liable for special, accidental or indirect losses, nor for any consequential losses, notably compensation for loss of business revenue, for interruptions to business operations, for loss of business information or for any other asset losses arising from the use of, or inability to use, the product or from the provision of, or failure to provide, services. This shall also apply where Peters Software GmbH was indicated the possibility of such losses. In all cases, the total liability of Peters Software GmbH under the terms of this end-user licence agreement shall be limited to the amount that you actually paid for the product or ten Euros (€ 10.00), whichever is the greater.
None of these limitations shall apply if Peters Software GmbH has intentionally caused the losses. If you have taken out a service agreement with Peters Software GmbH, Peters Software GmbH's total liability in relation to service provision shall be established in the service agreement terms and conditions.
The end-customer accepts and unconditionally acknowledges the EXAM licence agreement as at 21 August, 2006. Changes to the agreement shall require the written consent of Peters Software GmbH and the end-user.