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NetCon – General
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Echochange - Manual / NetCon – General
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.
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