Terms and conditions

1. Subject of contract

The subject of the contract is the computer program recorded on the data carrier, the program description and operating instructions as well as other associated written material. They are hereinafter referred to as "software".
Rehm Software GmbH (hereinafter referred to as Rehm) draws attention to the fact that, according to the state of the art, it is not possible to create computer software in such a way that it works without errors in all applications and combinations.
The subject of the contract is therefore only software that is basically usable in the sense of the program description and the operating instructions.

2. Rights of use

Rehm grants you the simple, non-exclusive and personal right (hereinafter also referred to as "license") to use the enclosed copy of the software on a single computer (i.e. with only one central processing unit (CPU)) and at only one location for the duration of the contract.
As a Licensee, you may transfer Software in physical form (i.e., stored on a disk) from one computer to another, provided that it is used on only a single computer at any one time. No other use is permitted.
The licensee is prohibited from
a) transfer the software or the associated material to third parties or make it otherwise accessible to a third party without the prior written consent of Rehm.
b) to transfer the software from one computer to another computer via a network or data transmission channel.
c) to modify, translate, reverse engineer, decompile or disassemble the software without the prior written consent of Rehm.
d) to create derivative works from the software or to reproduce the written material.
e) translate or modify the written material or create works derived from the written material.

3. Property rights and copyrights

With the purchase of the product you only receive ownership of the physical data carrier on which the software is recorded. An acquisition of rights to the software itself is not associated with this. In particular, Rehm reserves all publication, reproduction, processing and exploitation rights to the software.
The software and the accompanying written material are protected by copyright. You are permitted to make a single reserve copy for backup purposes. You are obligated to affix Rehm's copyright notice to the reserve copy or to include it therein. A copyright notice present in the software as well as registration numbers included in it may not be removed.
It is expressly forbidden to copy or otherwise reproduce the software as well as the written material in whole or in part in its original or modified form.
The right to use the software may only be transferred to a third party with the prior written consent of Rehm and only under the conditions of this contract. Giving away, renting and lending the software are expressly prohibited.

4. Contract duration

The contract runs for an indefinite period. The Licensee's right to use the Software shall automatically terminate without notice if it breaches any term of this Agreement. Upon termination of the right of use, he is obliged to destroy the original data carrier, as well as all copies of the software, including any modified copies, and the written material.

5. Contractual penalties

Rehm draws attention to the fact that the Licensee is liable for all damages due to copyright infringements incurred by Rehm as a result of a breach of these contractual provisions.

6. Warranty and liability

The company Rehm assumes warranty and liability to the following extent:
a) Rehm warrants to the original licensee that at the time of transfer of the data carrier on which the software is recorded, it is free of defects in material execution under normal operating conditions and normal maintenance.
b) If the data carrier is defective, the Purchaser may demand replacement delivery during the statutory warranty period. For this purpose, he must return the data carrier to Rehm and document the defect in writing.
c) If a defect within the meaning of Item 6 b is not remedied within a reasonable period by a replacement delivery, the purchaser may, at its discretion, demand a reduction in the purchase price or rescission of the contract.
d) For the reasons stated in Section 1 above, Rehm accepts no liability for the Software being free of errors; in particular, Rehm accepts no guarantee that the Software meets the requirements and purposes of the Purchaser or that it will work together with other programs selected by the Purchaser. The responsibility for the correct selection and the consequences of the use of the software as well as the results intended or achieved with it is borne by the purchaser. The same applies to the written material accompanying the software. If the software is not fundamentally usable in the sense of item 1, the purchaser has the right to cancel the contract. Rehm has the same right if it is not possible to produce software that is usable within the meaning of Item 1 with reasonable effort.
e) Rehm is not liable for damage unless damage has been caused by intent or gross negligence on the part of Rehm. Liability for consequential damage caused by defects is excluded.

7. Software maintenance

Paid maintenance and access to software updates can be agreed in a separate software maintenance contract with Rehm.

8. Other provisions

Deviating order conditions of the user shall not be valid. Deviations from these terms and conditions are only effective if they are agreed in writing and with reference to this contract.
The place of jurisdiction for all disputes arising from this contract is Ravensburg.