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.
- Standard software may be copy protected. Depending on the contract dongle hardware modules or software activations are used. Software activations are using the system MAC address as reference.
- Bei kundenspeziellen Anpassungen gilt der entsprechende Vertrag.
- 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 multi-workstation use).
- 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 explicitly permitted.
§ 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 Lizenz
- All software licenses are bound to the order number and the main product version. Within the same main version numbers the software can be updated free of charge.
- Licenses with dongle can be transferred arbitrarily from one computer to the other by plugging.
- Licenses via license servers can be used arbitrarily on the computers. The license servers themselves require a dongle.
- Licenses which are bound to the computer MAC address (Software Activation)
- These can be transferred to another computer in the first 2 months after activation we only charge the transfer/license fee.
The condition is that the license is no longer used on the previous system. This is confirmed by a letter with signature.
- Between 2 months and 12 months 20% of the current product price and the transfer/license fee will be charged. Again, written confirmation is required to stop using the license on the previous computer.
- If the computer is changed after 12 months, 50% of the license cost and the flat license transfer/change fee will be charged. Again, written confirmation is required to stop using the license on the previous computer.
- If the computer is changed after 18 months a new license is required. Use dongles or license servers if computers are replaced frequently.
Product changes can only be made within a major version.
In the first year we charge 35% of the list price.
In the second year we charge 55% of the list price.
In the third year we charge 75% of the list price.
From the fourth year on, we no longer offer updates. The license has to be purchased again. The Tani standard licenses run permanently. A software update to a new version will rarely be necessary.
§ 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 jurisdiction.