License terms and conditions

Please read the following conditions carefully before you install the software product. You must declare that you accept the following conditions either when you buy the software product or, at the latest, when it is installed. If you do not accept these conditions, send the software and the manual back to us within 14 days starting with the date of the invoice. The purchase price can only be reimbursed within the specified time frame.

I. Preamble

The object of the contract is the computer program (called “SOFTWARE PRODUCT” hereafter) stored on the data medium. The LICENSER states that the state of technology makes it impossible to make computer software so that it will work correctly in all applications and combinations. Thus the object of the contract is only a piece of software which works correctly in the sense of the program description and user’s guide. The SOFTWARE PRODUCT including all contents (e.g., figures, graphics, text and sample applications) is and will remain the property of the LICENSER and is thus protected by copyright.

The LICENSER is willing to give user’s rights as defined in this contract in return for an appropriate licensing fee.

This license contract is concluded between LICENSEE and the LICENSER by the acceptance of the SOFTWARE PRODUCT by the LICENSEE.

II. Terms

LICENSER

Tani GmbH, Freiligrathstraße 12, D-90482 Nürnberg, HRB: Amtsgericht Nürnberg 29562 USt-Id: DE289906852

LICENSEE

Natural or legal persons who purchase this license for the purpose of using the SOFTWARE PRODUCT.

THIRD PARTIES

Other natural or legal persons.

III. Scope

1. The SOFTWARE PRODUCT is exclusively licensed for use by the LICENSEE. The LICENSEE may sell the SOFTWARE PRODUCT to THIRD PARTIES under the condition that the THIRD PARTY agrees to this software licensing contract. In this case, the software license contract is invalid for the LICENSEE and the utilization rights to the SOFTWARE PRODUCT are cancelled for him since these rights have been passed on to a THIRD PARTY who has now become the LICENSEE him/herself.

2. The SOFTWARE PRODUCT may only be used on a single computer. The LICENSEE is obligated to purchase a separate license for every computer on which the SOFTWARE PRODUCT is used. A different agreement between LICENSEE and LICENSER applies to the purchase of multiple and network licenses.

3. The duplication of the SOFTWARE PRODUCT and all related documentations is forbidden except for the creation of an archive copy for exclusive use by the LICENSEE.

If the LICENSEE’s original data medium becomes defective, it can be exchanged at the LICENSER for a replacement data medium. The cost of the exchange will be carried by the LICENSEE.

4. The SOFTWARE PRODUCT is delivered on data medium as a demo version with restricted function scope.

The demo version may not be used for commercial purposes. After payment of the licensing fee for the particular desired version, the LICENSEE will receive a code number from the LICENSER for the release of the corresponding SOFTWARE PRODUCT.

5. If a new program version is given to the LICENSEE due to the purchase of an update or for any other reason, the user’s rights for the earlier program versions become void. This means that you may only work with the latest version.

6. The LICENSEE and THIRD PARTIES are forbidden to modify the SOFTWARE PRODUCT or reverse engineer it (i.e., de-compile or disassemble it).

The LICENSEE is liable for all damages which occur because of the violation of these conditions.

IV. Limited Warranty

The data carriers on which the SOFTWARE PRODUCT was delivered are free from material and manufacturer’s flaws during normal use during a period of time of 6 months starting on the delivery date. The data carriers are free of viruses according to the LICENSER. If, however hidden viruses have snuck in, the LICENSER will not be liable for any subsequent damages which may occur.

1. The preceding limited warranty does not cover data carriers which have been damaged by chance or misuse or manipulation of unauthorized parties (people other than employees of the LICENSER).

2. During the stated guarantee period, the LICENSER is obligated to replace a defective data carrier if this was sent to the LICENSER with a copy of the invoice. Other claims, in particular damage claims, will not be honored subject to para. 4 and Roman numeral V.

3. No further guarantee claims will be allowed. In particular, no guarantee claims will be accepted for program content and its freedom from errors or suitability for certain purposes. The responsibility for software and hardware selection, for installation, use, expected results and data protection and data backup with backup copies is the exclusive business of the LICENSEE.

4. Exceptions to the preceding warranty restrictions are promised characteristics. These promises must be in writing to be valid and accompanied by the signature of the authorized representative of the LICENSER. The LICENSER is only liable for damage claims in accordance with Roman numeral V.

V. RESTRICTION OF LIABILITY

1. The LICENSER is not liable for damages unless the damage is caused by intent or gross negligence of the LICENSER.

2. Liability due to any characteristics which may have been promised by the LICENSER is not affected by this. Liability for subsequent damages due to deficiencies which were not included in the promises of the LICENSER are excluded.

3. No liability is assumed for calculable damages, in particular lost profit.

4. Any damage claims are limited to the amount of the damage whose possible occurrence the LICENSER logically had to expect under the circumstances known at that time when the contract was concluded. In any case, liability is limited to the amount of twice the purchase price that was paid (license fee), regardless of whether claims pertaining to contract law, damage claims or other liability claims are concerned.

VI. Validity and Conclusion

1. The license given to the LICENSEE is valid until it is terminated by the licensee or the LICENSER.

2. The LICENSEE can terminate the license at all times by returning the SOFTWARE PRODUCT including the archivation copy and all related documentation to the LICENSER.

If the return is not due to a warranty claim, the license fee will not be reimbursed.

3. No liability is assumed for calculable damages, in particular lost profit.

4. The LICENSEE terminates the license by resale to a THIRD PARTY in accordance with III, para. 1.

VII. Applicable Laws

1. Regarding the laws which may apply, this license is subject to the laws of the Federal Republic of Germany and the exclusive adjudication of the German courts of law.

2. Court of jurisdiction for all legal disputes resulting from the contractual relationship and its creation and effectiveness for general merchants is Nuremberg. However, the LICENSER has the right to take the LICENSEE to court at his location.

3. Place of execution for all obligations from this contractual relationship is Nuremberg.