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Prologue
7. Intellectual Property Rights
Licensee shall only hold those rights to the Software that are expressly described in Section 2 of this Agreement.
Any other rights with regard to the Software, including without limitation, ownership rights and patent,
copyright, trademark, trade secret and other intellectual property rights, shall remain the sole property
of Supplier. Licensee will not remove from the Software any references to copyrights, trademarks or other
ownership rights, or cover up or alter any such references. Licensee will take all reasonable steps to prevent any
unauthorized use, reproduction, sale, or publication of the Software or the unauthorized provision of access
thereto. Licensee will indemnify and hold harmless Supplier from any losses, damages, claims and expenses
(including, without limitation, reasonable legal expenses) relating to any infringement of the rights of Supplier
caused by Licensee, Licensee’s breach of this Agreement or Licensee’s use of the Software in a manner not
authorized under this Agreement.
8. Duration and Termination
The Agreement is effective until terminated. Licensee may terminate this Agreement at any time by destroying the
Software and documentation relating to the Software in any form. The Agreement will terminate automatically
and without notice from Supplier, if Licensee fails to comply with any term or condition of this Agreement.
Licensee agrees to destroy the Software upon termination of this Agreement by Supplier. On any termination of
this Agreement, all rights of use of the Software held by Licensee shall expire.
9. Import, Export and Use of the Software
Licensee shall be exclusively responsible for ensuring compliance with the relevant legislation relating to its
rights to import, export or use the Software.
10. Miscellaneous
Should any part of this Agreement be declared void or unenforceable by a court of competent jurisdiction, the
remaining terms shall remain in full force and effect.
Failure of Supplier to enforce any of its rights in this Agreement shall not be considered a waiver of its rights,
including but not limited to its rights to respond to subsequent breaches.
By opening and using this Software Licensee acknowledges that he has read this Agreement, understands it,
and agrees to be bound by its terms and conditions. Licensee further agrees that this Agreement is the complete
and exclusive statement of the Agreement between Licensee and Supplier and supersedes any proposal or prior
agreement, oral or written, any other communications between Licensee and Supplier relating to the subject
matter of this Agreement.
The headings of the several Sections of this Agreement are intended for convenience of reference only and are
not intended to be a part of or to affect the meaning or interpretation of this Agreement.
11. Governing Law and Place of Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Germany, without giving
effect to any choice of law principles thereof. The parties agree that the United Nations Convention on Contracts
for the International Sale of Goods (1980) is specifi cally excluded from application to this Agreement.
The parties agree that courts of Mannheim, Germany, shall have exclusive jurisdiction over any dispute arising
out of or in connection with this Agreement.
Software License Agreement
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