1. Subject of the Contract
The subject of this contract is the computer software UNIVERSE of UNIVERSE smart solutions GbR,
hereafter generally referred to as software.
2. Copyright Protection
The licensee acknowledges that the software is a protected computer program within the meaning of § 2 Abs. 1 Nr. 1, § 69 a UrhG and that the licenser is the author within the meaning of §§ 7, 69b UrhG.
3. Scope of Use
The Licensor grants Licensee the simple, non-exclusive and personal right to install and use the Software on a computer for the duration of this Agreement. The software is in use when loaded into the cache (i.e., RAM) or stored in a permanent memory (e.g., a hard disk or CD-ROM or other storage device) of that computer.
4. Special Restrictions
The licensee is prohibited from modifying, translating or creating works derived from the software without the prior written consent of the licensor. Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to make the Software’s source code available to Licensee. A claim for the publication of the source code is excluded.
5. Ownership of Rights
The licensee receives the right of use agreed in this license agreement. An acquisition of further rights to the software is excluded. In particular, the Licensor reserves all rights to publish, copy, edit and exploit the Software.
The software is protected by copyright. The copyright also includes the program code, the documentation, the appearance, the structure and organization of the program files, the program names, logos and other forms of representation within the software. All rights reserved and protected by international treaties and copyright laws. The licensee is only allowed to make a reserve copy which may only serve as security.
7. Changes and Updates
The Licensor is entitled to make updates to the Software at its sole discretion. Licensee has no right to change or update. Licensor is entitled to expand, change or cease all or part of its software at any time.
a) In the current state of the art software can not completely rule out the occurrence of bugs. Subject of the contract is therefore only a software that is basically useful in the context of the program description.
b) From the above under lit. a) the licensor assumes no liability for the correctness of the software. In particular, the licensor does not warrant that the software will meet the requirements and purposes of the licensee or cooperate with other programs selected by the licensee. The responsibility for the correct selection and the consequences of the use of the software, as well as the intended or achieved results, shall be borne by the licensee.
c) If the Software does not substantially perform the functions listed above, the licensee’s sole warranty claim against UNIVERSE smart solutions GbR shall be a replacement of the software or a refund of the license fee paid for the software, at the sole discretion of UNIVERSE smart solutions GbR. The licensee does not have a right to revision and rectification.
d) Licensor shall not be liable for any damages arising out of the use of this Software or the inability to use this Software (including, but not limited to, loss of profit, business interruption, loss of business information or data or other financial loss) even if the Licensor been informed of the possibility of such damage.
For this contract the law and the laws of the Federal Republic of Germany apply. The sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is, to the extent permitted by law, Stuttgart.
10. Final Provisions
If individual provisions of this license agreement are invalid, the remaining provisions remain valid. Instead of the invalid provision, an effective provision coming as close as possible to its economic purpose shall be deemed agreed.