Dipl.-Ing. Karl Jansen
Auf der Leh 17
D-66271 Kleinblittersdorf
Fon: +49-6805-69921080
Fax: +49-6805-69921089
Mobil: +49-170-1884074
Zweigstellen:
Cäcilienstraße 58
D-47839 Krefeld
Sophienstraße 104
D-76135 Karlsruhe

efficient with foresighted sewer system rehabilitation concepts

License Agreement

  1. This license agreement is concluded between you as the licensee (hereinafter referred to as LN) and "SfK Sachverständigenbüro für Kanalsanierung UG (haftungsbeschränkt), Dipl.-Ing. Karl Jansen" Kleinblittersdorf as the licensor (hereinafter referred to as LG). The provisions of the license agreement apply insofar as no other agreements on the use of the software (e.g. special terms contracts) have been explicitly concluded with the LG. Individual provisions in this agreement also apply if the other contracts contain no stipulations on individual arrangements set out in this license agreement.
  2. By removing the security seal or installing, copying or otherwise using the software, the LN accepts the following provisions of the license agreement and agrees to be bound by the provisions of this agreement.
  3. The software is protected not only by copyright and international copyright agreements, but also by other laws and agreements on intellectual property.
  4. The software is not sold to the LN, but licensed. The LN thus acquires a non-exclusive right of use to the soft-ware. This right of use is for an unlimited period insofar as the LG does not withdraw the right of use from the LN due to breaches of this license agreement or infringements of other legal provisions.
  5. The purchased software packages can be installed on an unlimited number of computers / laptops. Without the dongle the user works with a viewer version without editing, calculation, import, and export functions. Demo, leasing or full version are activated with a dongle. The dongle will be dispatched as soon as payment of the licence fees has been received. Depending on the software version all relevant program functions (e. g. activation of worksheets and calculations, import and export, print list titles with user name as well as number of starts) will be activated by email as remote update for the dongle(s) chargeable or free of charge. The licence fee for the dongle will only be paid once. If the Licensee has multiple dongles, he can use multiple program licences on various computers / laptops.
    The Licensee shall be entitled to install the programs on multiple computers / laptops, even at different locations (e. g. at various legally dependent local offices). However, the Licensee agrees to notify the Licensor in writing about any locally separated installation locations. Upon request, the user name of the respective location of the dongle will be activated in the print list title.
  6. LN is entitled to make a copy of the software for archiving or data security purposes.
  7. LN is not entitled to give a copy of the software to third parties, nor to rent or lease out the software.
  8. The LN is not entitled to give old versions of the software to third parties insofar as he/she is using more up-to-date versions of the same software.
  9. The LN is entitled to transfer his/her rights of use to third parties permanently. This transfer, however, must be consented to in writing by the LG. Prerequisite for such a transfer is that the LN does not retain a copy of the software, that he/she transfers all software components (manuals, other written material etc.) and that the party to whom the transfer is made accepts the license agreements. If the software is an update, all previous versions of the software must also be transferred in full or completely destroyed.
  10. The ownership of, and copyright in, the software, including all accompanying products (manuals etc.) are with "SfK Sachverständigenbüro für Kanalsanierung UG (haftungsbeschränkt)" Kleinblittersdorf unless expressly stated otherwise. The software and all accompanying products are protected by copyright and international agreements accordingly. With the exception of a copy for security or archiving purposes, neither the software nor the accompanying products may be copied without the written consent of the LG.
  11. The LN is not entitled to undertake reverse engineering on the software, to decompile or change it in any way unless the applicable law or separate agreements with the LG provide for such expressly.
  12. The LG guarantees, for a period of six months as of the date of receipt, that the software will, in the main, work in accordance with the accompanying user documentation. This guaranty is undertaken by the LG as manufacturer of the product; any legal warranty or liability claims vis-à-vis the supplier/distribution partner from whom the LN has purchased the product are not affected in this respect.
  13. The Maintenance Agreement shall cover the software maintenance in terms of elimination of program bugs and update within a reasonable period of thirty (30) calendar days by means of updates or expansion of program functions as well as porting to the next higher runtime environment (e. g. Access 2003 to 2007 or higher) by means of an upgrade in combination with a Maintenance Agreement.

    The Licensee agrees to inform the Licensor about any program bugs immediately and support him in investigating and debugging within the bounds of what is reasonable. Prerequisites for this are that the error is reproducible and only occurs in the last program version. The Licensee shall provide the Licensor with all documents and information required to solve the problem. All documents, data or information provided by the Licensee must not be passed on to third parties without prior written approval of the Licensee, unless they concern general technical data in relation to the configuration of the computer system that must be passed on to third parties to clarify technical matters.

    The Licensor shall support the Licensee by telephone, email, internet, FTP server or fax in case of software and user problems. The hotline shall be available Monday to Friday from 9 to 12.30 am and 2 to 5 pm MEZ by telephone on +49-6805-69921080. Any further support shall require special prior agreement.

  14. The warranty covers solely the products of the LG. Errors that have been caused by improper installation, by configurations of the computer system, by operating systems, by linking to other software products or by general technical defects are expressly excluded from the warranty. The LG reserves the right to eliminate such errors in return for the LN being liable for the costs unless these services are covered by an appropriate maintenance and servicing contract.
  15. The warranty on no account includes consultation on the appropriate use or application of the software. Nor does it include advice on, or support in, matters of data management or the elimination of errors or inadequacies that have arisen due to improper or faulty application.
  16. Any errors reported by the Licensee (LN) shall be eliminated. If debugging proves to be impossible, the Licensor (LG) agrees to develop an alternative solution. If the Licensor (LG) fails to fulfil his debugging obligation within a reasonable period, the Licensee (LN) shall be entitled to demand reimbursement of the necessary expenses, reduction in payment, compensation instead of performance or withdraw from the contract. No formal notice shall be required in case of compensation or withdrawal from the contract, if the Licensor(LG) refuses to debug the program, debugging failed or is unreasonable for the Licensor (LG).

    Any warranty claims of the Licensee shall expire within two (2) years from notification of defects.

  17. Insofar as the applicable law permits, the LG also excludes any other warranty concerning the marketability and suitability for a particular purpose.
  18. Insofar as the applicable law permits, neither the LG nor the suppliers/marketing partners are obligated to pay compensation for any damage (including losses due to lost profits, plant interruptions, loss of business information or other financial damage) that is incurred as a result of using the software or being unable to use this software, even if the LG has been informed of such damage. In every case the liability of the LG is limited to the amount that the LN actually paid for the licensing.
  19. Ancillary agreements and changes to the agreement must be made in writing and accepted by the LN to be valid. If individual parts of this license agreement become invalid, this shall not result in the invalidity of the entire agreement.
  20. The LG may assign the rights and duties that he/she incurs from this agreement wholly or partially to third parties unless the LN opposes such in writing within four weeks of being informed accordingly.
  21. Notwithstanding other rights the LG is entitled to terminate the license agreement without notice at any time if the LN has breached the provisions of this license agreement. In this case the LN is obligated to de-install the software and to destroy all copies of the software, including the documentation. The LG reserves the explicit right to take legal action against breaches of this license agreement.
  22. Place of jurisdiction is Saarbrücken (Germany).