Licence terms

Please read this Agreement carefully. If you copy, purchase, install or use the Software, in whole or in part, you accept all the terms of this Agreement, including, in particular, the following restrictions: Use according to Section 3, Transferability according to Section 5.4, Warranty according to Section 6, Liability according to Section 6.3. This Agreement is enforceable against the Licensee and any other person who has received the Software and for whom it is used. All intellectual property rights to the software are vested in the manufacturer. The software is licensed, not sold. The manufacturer only authorises you to copy, download, install, use or otherwise benefit from the functionality and intellectual property of the software within the scope of these contractual provisions. The software does not contain any parts of GPL software. The following licence conditions apply to the purchased software. The licence conditions form a supplement to the General Terms and Conditions accepted by the customer.

1. Preamble

The Licensor distributes the computer programs listed in the appendix to this Software Licence Agreement in machine-readable object code (hereinafter the “Software”), including the associated user documentation. The Licensor is authorised to grant rights of use to the Software and the user documentation. The Licensee intends to use the Software and to acquire the corresponding rights of use in the Agreement. The Licensor and the Licensee (together the “Parties”) therefore agree as follows

2. Definitions

1. “We” refers to AMYS IT-Solutions GmbH with headquarters in Rödermark (Frankfurt), hereinafter also referred to as “Manufacturer”.
2. “Computer” means a computer device that can receive information in digital or similar form and convert it into a specific result according to a sequence of instructions.
3. “Permitted number” means one (1) installation for one (1) domain, unless expressly agreed otherwise. Possible additions to these licence terms can be found, for example, in the General Terms and Conditions.
4. “Software” includes all the information supplied, which can be downloaded from the shop after successful ordering and payment.

3. Software licences

As long as you have purchased the software from the manufacturer or an authorised reseller, and as long as you comply with the terms of this contract, the manufacturer grants you a non-exclusive, perpetual licence to use the software in the manner and for the purposes described in the documentation in accordance with the following provisions. The rights of use are further described and specified in section 5.

1. General use

You may install and use one copy of the software on compatible computers up to the permitted number (1 installation see point 2.3).

2. Backup copy

You are authorised to create a backup copy of the software provided that this backup copy is not installed and used on any computer. A transfer of the rights to create a backup copy is not permitted unless all rights to the software are transferred in accordance with section 5.4 of this agreement and the software itself is no longer used.

3. Test system

For test purposes, you are authorised to operate a copy of the software on one (1) test system for a limited period of time.

4. Intellectual property rights

The Software and any authorised copies of this Software that you make are the intellectual property of and belong to the manufacturer. The structure, organisation and code of the software constitute valuable trade secrets and confidential information of the manufacturer. The software is protected by copyright. Except as set forth herein, this Agreement does not grant you any intellectual property rights in the Software. All rights not expressly granted are expressly reserved by the manufacturer.

5. Restrictions

1. Protection notices

Copying the software, except in the cases listed in section 3.2, is not permitted. Any authorised copy of the Software made by you must contain the same copyright and other proprietary notices that appear in or on the Software.

2. No modifications

You are not permitted to modify or customise the software. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software, except to the extent that you are permitted to decompile to establish interoperability with the Software under applicable law.

3. No unbundling

The Software may contain different applications, programmes and components, support different platforms and languages and be made available to you on different media and in multiple copies. The Software has been developed and made available to you as a single product. It may only be used as a single product in accordance with section 3. It is not necessary for you to use all components of the software, but the software components may not be unbundled for use on different computers. Unbundling or repackaging the Software for distribution, transfer or resale is not permitted.

4. Transfer

You may not rent, lend, sell, sublicense, assign or transfer the rights to the Software or authorise the copying of the Software in whole or in part to the computer of another user or other legal entity, except as expressly permitted. However, you may transfer all your rights to use the Software to another person or entity provided that you transfer your entire contract and licences, including all copies, upgrades, updates and previous versions you do not retain any upgrades, updates and copies, including backup copies and other copies stored on a computer, and the recipient accepts the terms of this agreement and any other terms under which you have acquired a valid software licence.

5. Updates

If the Software is an upgrade or update of a previous version of the Software, you must have a valid licence for the previous version in order to use the upgrade or update. All upgrades and updates are provided to you on a licence exchange basis. You agree that by using the upgrade or update, you voluntarily waive the right to use the previous version of the software. In exceptional cases, you may continue to use a previous version of the Software on your computer after receiving the upgrade or update, but only to facilitate your transition to the upgrade or update. This right is only granted to you on the condition that the upgrade or update and the previous version are installed on the same computer.

6. Warranty

1. Scope

We warrant to all Licensees who first purchase a licence to use the Software on computers under the terms of this Agreement that the Software will be substantially capable of performing the functions described in the Documentation for a period of ninety (90) days from receipt of the Software, provided that it is used in accordance with the recommended operating system and hardware configuration. Minor deviations from the descriptions in the documentation do not justify a warranty claim. All warranty claims must be asserted within ninety (90) days in accordance with the contract (see point 6.2). If the software does not essentially fulfil the functions listed in the documentation, there is a right to rectification during the warranty period. Defects in the software which are notified in accordance with the contract shall be remedied at the Licensor’s discretion by repair or replacement. The circumvention or suppression of a defect shall also be deemed to be a permissible rectification.

2. Obligations to give notice of defects

The Licensee must notify the Licensor of a defect within 7 calendar days of its discovery in a sufficiently documented manner and in writing. Subject to the provisions of this agreement, you are obliged to take all reasonable measures necessary to avoid or minimise damage, in particular to make backup copies of the software and your computer data.

3. Limitation of liability

The provisions contained in Section 10 f. of the General Terms and Conditions of AMYS IT-Solutions GmbH apply.

4. Storage of the licence key and product-specific data

Each product is delivered with an individual licence key. For this purpose, a unique serial number is recorded with your order and reported to us during installation. By completing this order, you expressly authorise AMYS IT-Solutions GmbH to store this data.

7. final provisions

1. Salvatory clause

If any part of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remainder of this Agreement shall not be affected.

2. Written form

Amendments and additions to this contract must be made in writing.

3. Assignment/transfer

This contract or individual rights and obligations arising from it may only be assigned or transferred to third parties with the prior written consent of the other party.

4. Applicable law

This contract – including liability for unauthorised actions – is subject exclusively to the law of the Federal Republic of Germany. Insofar as this refers to other legal systems, this reference is excluded. The Convention on Contracts for the International Sale of Goods (CISG – UN Sales Convention) is excluded.

5. JurisdictionThe exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Frankfurt am Main, Germany.

Status: January 2024