These terms and conditions of licence shall apply in addition to the Standard Terms and Conditions for Delivery of Goods. Terms and conditions of licence shall be accepted and recognized upon opening of the seal or continued installation respectively.
2. Granting of User Rights
Upon closing of contract on delivery/download of software (irrespective of storage medium), the customer is granted a non-transferrable and non-exclusive right to use the contractually agreed software which use is restricted to the use described below. Any rights of use not expressly described therein shall remain with EPPENDORF AG as owner of any copyrights and protective rights.
3. Scope of Rights of Use
3.1. Upon delivery, customer acquires the right to use in one single-user computer any software delivered to him in the contractually agreed scope (number of acquired licences = 1).
3.2. The customer agrees to use the software exclusively for his own purposes and not to hand it over to any third party, neither free of charge nor with costs. Software must only be used by one person on one computer, but not on two or more computers at the same time, no matter if they are used by the same person or by several persons at the same time.
3.3. The customer shall be entitled to install and use software on the fixed hard disc as well as to prepare a safety backup copy from the original disc or CD-ROM, which backup copy, however, must not be used concurrently with the original version.
3.4. The customer shall not be entitled:
- to prepare copies of software unless such copies are made for data safety purposes and are exclusively used for such purposes;
- to reproduce parts of software, images delivered, manual, accompanying texts as well as documentation relating to the software by photocopying or micro-filming, electronic securing or other procedures;
- to change, modify, adjust or decompile software and/or related documentation, wholly or partly;
- to distribute, rent, grant sub-licences to any third party relating to software and/or related documentation, or to make them available to any third party by any other means;
- to change copyright notes, labels/trademarks and/or owner notes of publisher of programmes or documentation material;
- to forward to any third party access data and/or passwords for the product, or data bank access in connection with the product;
3.5. In order to exercise any of the rights of use, the customer needs to have written consent of EPPENDORF AG. Without written consent applicable rights of use shall not be transferred, and a query of a customer is considered a refusal.
EPPENDORF shall only be liable for damage to other software or data carriers/data processing plants caused by use of software delivered by EPPENDORF or its distribution partners if the defect of delivered software/data carrier resulting in damage was caused in a wilful or grossly negligent manner, and if it is about foreseeable, typical damage. In the event of agreements with public-law corporations, public-law special funds and businessmen – in the case of the latter, however, only if the agreement refers to commercial enterprise operations – beyond limitation of liability as set forth in the preceding sentence, also liability for gross negligence by vicarious agents shall be excluded unless it is not about default of managing vicarious agents, or if major contractual obligations have been violated. Statutory rights to remedy defects relating to subsequent performance, withdrawal or reduction – but not relating to compensation – shall remain unaffected by the preceding provision.