§ 1. Subject of this Agreement
Subject of this agreement is the software application on the provided media, as well as other written or digital material such as manuals, if not denoted as something else. If no physical media has been provided (e.g. ESD - Electronic Software Distribution or Download), the full download package as well as any accompanying documents and license/registration keys are the subject of this agreement. In the following this will be called “SOFTWAREPRODUCT”. You obtain only the physical ownership of the media that is provided to you. Further rights on the SOFTWAREPRODUCT are not included. This is also the case if you did not receive the software on a physical media but over the Internet or a similar channel (ESD or download version) or if the SOFTWAREPRODUCT was included in a bundle with another product (OEM version). The SOFTWAREPRODUCT is protected by copyright, trade mark right and copyright of titles (see §10). If there is any other software by another author or publisher on the media that is not directly integrated into the SOFTWAREPRODUCT (e.g. shareware, freeware and demos), this software is subject to its own terms and conditions which are displayed during its installation process.
§ 2. Extend of Allowed Usage
mirabyte GmbH & Co. KG (“mirabyte” in the following) allows you for the duration of this agreement the simple, non-exclusive right (called “license” in the following) to use the supplied copy of the SOFTWAREPRODUCT on a single computer at once (for exceptions, please see below). You are allowed to make a copy of the media provided which is only intended for backup purposes. An advanced usage and the dissemination of the software to a third party is not allowed. The original media or the download package and the backup have to be preserved in a secure place. Giving the SOFTWAREPRODUCT away, renting it out or lending is explicitly not allowed. You are not allowed to transfer the SOFTWAREPRODUCT to a third party (resale).
If more than one license of the SOFTWAREPRODUCT has been purchased, you have received the corresponding amount of volumes, license keys or a license-certificate. – In any case these additional licenses are treated as normal single licenses of the SOFTWAREPRODUCT. – No further extended rights of use apply here.
If the SOFTWAREPRODUCT contains parts which are explicitly allowed to be given to a third party (runtime licenses or so called “redistributables”) a description is provided in a separate document or in the online manual that defines the exact extent of the redistribution license. This description is an additional part of this agreement.
§ 3. Special Limitations
The licensee is no allowed to
- give the SOFTWAREPRODUCT and any written material to a third party or to make it accessible to a third party (an exception are so called trial- or demo versions of the SOFTWAREPRODUCT (which are explicitly declared as such). These are generally intended for free distribution in case a written permission by mirabyte is existent.),
- change, translate, reverse engineer, decompile or disassemble the SOFTWAREPRODUCT, or to create modified versions of the SOFTWAREPRODUCT (only for personal usage in range of possibilities that are provided by the SOFTWAREPRODUCT itself), remove or modify copyright-statements or trademarks,
- translate, modify or duplicate the companion material or create modified versions of the written material, remove or modify copyright-statements or trademarks.
§ 4. Limited Warranty
The SOFTWAREPRODUCT is supplied state-of-the-art. mirabyte provides within 30 days from purchase date a free replacement a) for damaged volumes, as long as no distributor is responsible for this is b) in case that the SOFTWAREPRODUCT is, in the sense of the supplied description, generally not useable. If mirabyte is not able to fulfil this warranty, both parties have the right to cancel the contract and to refund the amount paid by the licensee. Specifications provided in brochures, advertisements, documentations and similar texts represent only a description and not a promise of features. The promise of a feature requires an explicit, written contract. This applies also for prices or specifications for further extensions and enhancements.
The customer is in charge of keeping the deliverables of the SOFTWAREPRODUCT (media, download, license key) received by mirabyte in a safe place. The customer has no right of compensation or replacement in case of loss.
§ 5. Updates & Support
The way and the conditions under which mirabyte provides updates and new versions of the SOFTWAREPRODUCT are defined individually for each SOFTWAREPRODUCT by mirabyte. The update conditions are published on the Website and/or in the sales brochure of the SOFTWAREPRODUCT. This also covers the extent of provided product and technical support.
§ 6. Liability
The liability for the choice and the consequences of the use of the SOFTWAREPRODUCT as well as the intended or achieved results is assumed by the licensee. A liability for damages of any kind (included are loss of profit, loss of (business) information or any other financial loss), that occurred because of the use of the SOFTWAREPRODUCT or the incompetence to use this product, is explicitly excluded. This exclusion does not apply for damages that occurred because of gross negligence or intention of mirabyte.
§ 7. Limitation of Liability
The liability in any case is limited to the actually paid specific price on purchase.
Notice according to § 33 BDSG (German law): The customer data is being saved. But the customer data will not be passed on to a third party or used for any other purpose.
The update mechanism which is integrated into the SOFTWAREPRODUCT transfers data to mirabyte. mirabyte guarantees that this data does not contain any personal data. Only data that is required to provide the integrated update mechanism or to provide product support is transferred, such as product-id, version number, error codes, software and hardware configuration or in case of a licensed version the license key. The transferred data serves only the purpose of providing updates to the SOFTWAREPRODUCT and to increase the product quality. All data which is transferred is deleted by mirabyte as soon as it is not required any more for this purpose.
The licensee (business entities only) grants mirabyte the right to use his name and logo on the mirabyte Website for the purpose of a reference/customer list. This grant may be revoked on demand by the licensee.
§ 9. Payment
the SOFTWAREPRODUCT has been purchased directly from mirabyte, the license granted by this agreement starts not until the invoice value has been fully paid. Invoices are, if not marked differently, payable within 14 working days; after this period the customer is in delay of payment and has to pay interest on the invoice value with 7% over the base interest of the German Central Bank according to § 1 Diskontsatz-Überleitungsgesetz (German law).
§ 10. Retailer and Reseller
mirabyte sells SOFTWAREPRODUCTS to retailers only for the purpose of reselling or distributing the software to end-users, according to this agreement. A special agreement is required in order to be allowed to sell the SOFTWAREPRODUCT to end-users.
§ 11. Refund and Court of Jurisdiction
In principle consumers according to §13 BGB (German law) are allowed to give the SOFTWAREPRODUCT back and receive full refund within 14 days after purchase (date of postmark or invoice is significant). After opening the sealed media package and/or installing, activating or using the SOFTWAREPRODUCT a refund is not possible because the licensee is not able to proof not owning a copy of the SOFTWAREPRODUCT anymore. The same applies for software that has been delivered without a physical media (ESD or download version) - in this case a refund cannot be granted after the download and/or license key have been electronically delivered to the licensee. This refund policy (revocation) is not applicable to business licensees.
Court of jurisdiction is Hamm (Germany). The law of the Federal Republic of Germany (FRG) and the European Union (EU) is applicable.
§ 12. Miscellaneous
one or more clauses of this agreement or any other clause within the scope of other agreements lose their validity, the validity of all other clauses in this agreement is not affected. Invalid or missing clauses have to be replaced by valid clauses that approximate the intended meaning best, alternatively by legal regulations.