General conditions for the use of Tani software for automation
applications (software user agreement)
Warning: the Tani software made available to you is copyright protected. The
following conditions are agreed upon and legally binding between you as the
software user and Tani GmbH, D-90482 Nuremberg as soon as you use the
software for the first time. If you do not agree to the following
conditions, please return the Tani software unused and immediately. Use fees
already paid will be refunded.
§ 1 Subject matter of this agreement
- The user receives the Tani software named in the order confirmation/on
the delivery note on the data carrier named there.
- The user will pay the agreed-upon use fees. The software will not be
sold, but rather rights of use to it granted (licensed) according to the
scope outlined below.
- Forwarding of this software to a third party is forbidden.
§ 2 Scope of the rights of use
- The user receives a temporally-unlimited, simple, and non-transferable
usage license for the Tani software delivered.
- The user can make back-up copies of the Tani software. Insofar as the
rights of use are not limited to individual workstation use in the order
confirmation/on the delivery note, the user may duplicate the Tani
software for the purposes of his own use (company license for
- Changing, modifying, disassembling, decompiling or applying other
reverse-engineering processes to the Tani software delivered or
transferring these tasks to third parties is not permitted unless it is
§ 3 Warranty
- It is agreed and the user recognizes that it is not possible according
to the current state of knowledge and technology to create software so
that it works free of errors under all application conditions. Tani
therefore guarantees that the software provided will be free only for
such errors that essentially come into question with the proper use of
the software in connection with Tani hardware products. No warranties
are made beyond this.
- The user must immediately investigate the Tani software made
available, determine its proper usability, and make a detailed complaint
about all errors present initially or that occur later, so that Tani can
reproduce the error.
- Defects reported by the user in the Tani software transferred
(including defects in the included program description and other
documents) will be remedied by Tani within a reasonable time. This will
be done at Tani's option, either through after-the-fact improvement or
replacement. In case the after-the-fact improvement or replacement
fails, the user can terminate the usage agreement (see 5.1).
- The warranty period for the Tani software is 1 (one) year from the
transfer of the Tani software.
§ 4 Liability
- Tani is liable without limitation for damage due to defects in title
in the Tani software delivered and the lacking of promised properties.
Liability for initial inability is limited to five times the usage fees
paid thus far as well as to such damage that must typically be
calculated in the course of a software transfer.
- Otherwise, Tani is only liable for intent and gross negligence of also
its legal representatives and executives. For other agents, Tani is only
liable to the extent of liability for initial inability according to the
preceding paragraph. Tani is only liable for ordinary negligence if a
duty is breached, for which the fulfillment of the contract purpose is
of particular importance (cardinal obligation). In the event of a breach
of a cardinal obligation, the limitation of liability for initial
inability according to paragraph 4.1 above must be applied accordingly.
The strict liability of Tani for existing errors (§ 538 paragraph 1 of
the German Civil Code) is expressly excluded. Liability for data loss is
limited to the typical restoration costs, which would have occurred with
regular and risk-related backup copies.
- The amount of Tani's liability is limited to three times the (annual)
license fee, at least EUR 1,000.
- Claims for damages by the user that extend beyond those explicitly
named in this agreement, regardless of their legal basis, especially due
to any damage from advising or support during the introduction of the
software or due to software errors are excluded insofar as there is no
mandatory liability, e.g. for personal injury or damage to
privately-used items according to the product liability law.
- Tani planning and Tani construction software serve only to better
visualize and they do not relieve the user of the duty to check the
reliability and functionality of the respective planning results with
the appropriate care and to heed adherence to the recognized rules of
technology as well as the legal provisions and DIN standards. Tani is
not responsible for flawed or incomplete entries or for incorrect
material or component selection for use of the Tani software. The Tani
software it not suitable for planning with products other than those by
Tani. Price indications are not valid prices, but only calculation aids.
The respectively valid prices can be obtained from Tani on request.
§ 5 Termination of the agreement
- This usage agreement can be terminated by either of the contractual
parties with a term of six months to the end of a calendar year. The
right of termination can also be exercised extraordinarily with
immediate effect if a contract partner violates an essential provision
of this usage agreement.
§ 6 Applicable law
- German law applies to this usage agreement. For all disputes with
registered traders that arise in the course of this usage agreement, it
is agreed that the District Court of Nuremberg is the court of