30 CI2 Operation Manual
License Agreement for Software
English
fied version of the software or a new product as a result.
The configuration of the software may not be modified for
the purpose of distribution, assignment or resale.
8.2 You may also not sell the USB-eLicenser separately as a
license; the usage rights always remain with the software,
in particular with the original software data carrier (e.g.
CD).
9 Assignment of Rights
9.1 You may assign all your rights to use the software to an-
other person subject to the conditions that (a) you assign
to this other person (i) this Agreement and (ii) the soft-
ware or hardware provided with the software, packed or
preinstalled thereon, including all copies, upgrades, up-
dates, backup copies and previous versions, which granted
a right to an update or upgrade on this software, (b) you
do not retain upgrades, updates, backup copies and previ-
ous versions of this software and (c) the recipient accepts
the terms and conditions of this Agreement as well as
other regulations pursuant to which you acquired a valid
software license.
9.2 A return of the product due to a failure to accept the
terms and conditions of this Agreement, e.g. the product
activation, shall not be possible following the assignment
of rights.
10 Upgrades and Updates
10.1 You must have a valid license for the previous or more in-
ferior version of the software in order to be allowed to use
an upgrade or update for the software; the Trial Version
Software, however, does not entitle to the upgrade or up-
date. Upon transferring this previous or more inferior ver-
sion of the software to third parties the right to use the
upgrade or update of the software shall expire.
10.2 The acquisition of an upgrade or update does not in itself
confer any right to use the software.
10.3 The right of support for the previous or inferior version of
the software expires upon the installation of an upgrade or
update.
11 Limited Warranty (“Gewährleistung”)
11.1 The warranty (“Gewährleistung”) for you as first buyer of
the software located within the European Union (EU) is
specified in Subsection 11.2 and the warranty for you as
first buyer of the software located outside the EU is speci-
fied in Subsection 11.3 of this Agreement.
11.2 Limited Warranty within the EU: In the event that you as a
first buyer of the software are located within the EU, the
following limitation of liability shall apply.
11.2.1 If Steinberg has sold the software directly to you as
an end user, Steinberg warrants (“gewährleistet”)
that the software essentially executes the functions
described in the enclosed documentation upon re-
ceipt, provided that the software is employed in ac-
cordance with the minimum requirements for the
operating system and the computer hardware. In-
significant divergences from the functions de-
scribed in the documentation do not give rise to any
warranty claim. Other documents and statements
are unremarkable for the composition of the prod-
uct.
11.2.2 If the user is consumer within the EU, the statutory
warranty (“Gewährleistung”) to defects of the prod-
uct shall apply. If the user is a businessman,
Steinberg provides warranty for defects of the prod-
uct at its discretion by further fulfillment (improve-
ment or substitute delivery) within one year.
However, there exists no warranty for Trial Version
Software.
11.3 Limited Warranty outside the EU: In the event that you as
a first buyer of the software are located outside the EU,
the following limitation of liability shall apply.
11.3.1 Steinberg ensures (“gewährleistet”) to the person
who acquires first-time the license for the use of
the software according to this Agreement, for the
duration of ninety (90) days as of receipt of the
software, that the software executes essentially the
functions described in the enclosed documentation
at receipt, provided that the software is employed
according to the minimum requirements for the op-
erating system and the computer hardware. Insig-
nificant differences of the functions described in
the documentation do not justify any warranty claim.
Other documents and statements are insignificant
in terms of the quality of the product.
11.3.2 If the software does not essentially fulfill the func-
tions described in the documentation, your only
warranty claim against Steinberg and Steinberg's
only obligation consists in an exchange of the soft-
ware or a refund of the selling price at the discre-
tion of Steinberg.
11.3.3 Further warranty obligations according to the laws
of your country remain unaffected. However, there
exists no warranty for Trial Version Software.
12 Limitation of Liability
12.1 The limitation of liability for you as first buyer of the soft-
ware located within the EU is specified in Subsection 12.2
and the limitation of liability for you as first buyer of the
software located outside the EU is specified in Subsection
12.3 of this Agreement.
12.2 Limitation of Liability within the EU: In the event that you
as a first buyer of the software are located within the EU,
the following limitation of liability shall apply.
12.2.1 Irrespective of the legal grounds Steinberg shall
only be liable to compensate or replace futile ex-
penses in accordance with the following stipula-
tions.
12.2.2 Steinberg shall be liable for damages caused by the
intentional or grossly negligent conduct of
Steinberg, its legal representatives, managerial em-
ployees or any other vicarious agents and damages
arising from death, bodily damage and damage to
health from the assumption of a guarantee or from
a procurement risk as well as Steinberg's liability for
damages pursuant to the Product Liability Act
(Produkthaftungsgesetz). In the case of damage
caused by the grossly negligent conduct of any
other vicarious agents, the liability shall be limited to
those damages which are typically to be expected
within the scope of an agreement such as the pres-
ent one. Any further liability under this Agreement
shall be excluded.
To Next Page
Loading...
