Licence regulations for the use of the Software „SharedSafe“
1. Subject matter of the licence agreement
The rootloft GmbH (LLC) (subsequently: rootloft) possesses the exclusive sales rights to the software „SharedSafe“. The program is offered exclusively in the way of the online-download. There is no claim for the delivery of a data carrier.
The user who acquires the software by online-download is granted the rights of use that are specified in numeral 2.
The declarations on the website of SharedSafe are conclusively decisive for the nature of the software, as well as the declarations there concerning the system requirements. rootloft does not owe a nature of the software that exceeds that.
rootloft expressly indicates that the user of the software has to use an IMAP-mail-server that complies with the requirements of RFC 3501. rootloft also indicates that virus scanners and desktop-firewall-programs may disturb or impair the functionality of the software.
2. Rights of use
First, the user downloads a trial-version of the computer program „SharedSafe“ via the website whose usage is limited to 30 days.
For an unlimited and permanent use of the program, the user has to acquire an unlock code at his expense subsequently.
Upon payment of the unlock code at his expense and the corresponding entry of the code, the user acquires a simple, non-exclusive, not transferrable and temporally unlimited right to install and to use the acquired version of the software.
The program is offered in two different types of licences, as „Personal Licence“ and as „Commercial Licence“.
The purchase of a so-called personal license entitles the purchaser to install and use the software on an unlimited number of computers for private and commercial usage as long as the purchaser is the only person who uses the software.
The purchase of a so-called commercial licence entitles the purchasing enterprise to install the software on an optional number of computers of the enterprise. The right to use may simultaneously only be executed by the maximum number of natural persons who have been indicated at the purchase and for whom the purchaser has paid the purchase price. The purchaser of a commercial-licence may only use the software for the purpose to handle his internal business transactions and those by such enterprises who are connected with him in the sense of § 15 AktG (= Public Companies Act) (allied companies). A usage by third parties, especially in the way of the operation of a data centre for third parties or of the temporary making-available of the software (e.g. in the way of the application service providing or cloud computing) for third parties is not permitted.
The right of use only extends to the acquired version of the program and does not include any obligation for update or upgrade.
It is generally forbidden to relet the program commercially, and it is also forbidden to pass resp. to sell the software permanently to third persons.
The further development, processing, reconfiguration, re-engineering, translation as well as the sale of the program is not allowed.
The user may only reproduce the software that is subject matter of the contract as far as the reproduction is necessary for the intended use of the software.
In the case of a loss of data, rootloft shall only be liable for that effort that is required from the user in case of data saving according to the rules in order to recover the data. The user is obliged to care for a saving of his data according to the rules.
In all other cases of contractual and extra-contractual liability, rootloft shall only be liable in accordance with the following limits:
a) in the case of intention to the full amount, as well as in the case of a missing quality for which the seller has guaranteed;
b) in the case of gross negligence only in the amount of the predictable damage that should have been prevented by the violated obligation;
c) in other cases: only out of the violation of an essential contractual duty if by that the purpose of the contract is endangered, but always only in the amount of the damage that can be typically predicted.
Towards users of the cost-free trial-version of the software, the liability of the rootloft GmbH shall be limited to intention and gross negligence.
The preceding liability limitations do not apply for damages of a violation of life, body, health, nor for claims according to the Product Liability Act.
4. Protection of the software
As far as the purchaser has not expressly been granted rights, rootloft shall be exclusively entitled to all rights to the software – especially the copyright and commercial proprietary rights. This also applies for processing of the software.
5. Duties of the user
The user is obliged to use the software only within the limits of these licence regulations and especially not to use the software for the violation of the rights of third persons, especially for the violation of copyrights.
Besides, the user may not use the software for military purposes or for activities and services by which the lives, bodies or the health of human beings can be violated.
6. Choice of law
These licence conditions are exclusively subject to German law, to the exclusion of the UN-CISG (United Nations Convention on Contracts for the International Sale of Goods). This choice of law, however, shall apply towards consumers as far as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his main residence.