END USER SOFTWARE LICENSE AGREEMENT
EULA – End User License Agreement
By using this software product, you, as an individual or legal entity, agree to be bound by this agreement. If you do not agree to these EULA, you may not use the software.
§ 1 Validity of the terms of contract
(1) This End User Licence Agreement is between you – hereinafter also referred to as the Customer – and PRC GmbH – hereinafter also referred to as PRC. Unless otherwise agreed, these licence conditions apply exclusively to the licensing/purchase of software and to pre-contractual obligations.
(2) PRC GmbH licenses/sales the enclosed software to the licensee (customer) solely on the basis of the following licence terms. If you do not agree with these terms, then refrain from installing the software, click on the „No“ button of the installation process during the installation when prompted or uninstall the software. You will then receive a full refund of the remuneration paid.
§ 2 Subject matter of the contract
(1) The subject matter of this contract is the granting of the rights of use in accordance with § 3 depending on the respective type of licence acquired and its scope of functions. The software always remains the intellectual property of PRC GmbH. As the purchaser of the software, you merely acquire the right to handle the copyrighted work, i.e. to use the software in accordance with the contract. This right of use is granted by PRC in the form of a licence.
(2) Prior to the conclusion of the contract, the customer has verified that the specification of the software corresponds to his wishes and needs. He is aware of the essential functional features and conditions of the software.
(3) Product descriptions and representations in test programs are performance descriptions, but not guarantees. A guarantee requires a written declaration by the management of PRC GmbH.
(4) The customer has no right to be provided with the source program.
(5) PRC GmbH provides all deliveries and services in accordance with the state of the art.
(6) PRC GmbH reserves all rights not expressly mentioned in these EULAs.
(7) In the event that the software is used in a network, the customer must ensure that a licence has been acquired for each data processing unit or each named user who has server access and who can use the software. It must be excluded that several individuals share the access as one named user.
(8) If the software is marked as a „company licence“ or as a „corporate licence“, the customer is entitled to make the software available to an unlimited number of users in the company. The restrictions in paragraph 8 as well as § 3 shall expressly also apply in this case.
(9) The software is licensed only as a whole product. The Licensee is not entitled to separate the components of the software.
§ 3 Rights of the customer to the software
(1) The customer acquires the software in order to use it permanently for his own purposes (simple right of use). The customer is entitled to use the software in the purchased number of licences. PRC GmbH hereby grants the customer the rights to the programs that are necessary for these purposes of use, including the right to copy the programs to RAM and hard disks and the right to correct errors. The customer may make the backup copies of the programmes necessary for safe operation. In doing so, he must copy alphanumeric identifiers, trademarks and copyright notices unchanged and keep records of the whereabouts of the copies. Documentation may not be duplicated. The user may duplicate the programme supplied insofar as the respective duplication is necessary for the use of the programme. The necessary reproductions also include the installation of the programme from the original data carrier to the mass storage of the hardware used as well as loading into the main memory. The backup copies must be marked as backup copies. Copyright notices may not be deleted, changed or suppressed. The customer may – with the exception of the purchase of a network licence – use the software on up to three computers per licence, regardless of whether they are workstations, laptops or PDAs. Use of the software also includes loading the software into the temporary memory of a computer or similar or installing it on a permanent storage medium (e.g. hard disk, DVD, CD-ROM or similar). However, if the user changes the hardware, he must delete the software from the hardware previously used.
(2) The customer may not pass on the software, in particular on the basis of a sale, without the written consent of PRC GmbH.
(3) All other acts of exploitation, in particular exploitation for the customer’s own commercial purposes and services, such as rental, commercial sale (unless expressly regulated separately by written „reseller agreement/contractual dealer agreement“), leasing and distribution in tangible or intangible form, are not permitted without the prior written consent of PRC GmbH. PRC draws attention to the fact that customers are liable for all damages resulting from copyright infringements. The customer shall ensure that the products, their reproductions and the documentation are not leased to third parties without the written consent of PRC GmbH.
§ 4 Obligations of the customer
(1) The customer shall take appropriate precautions in the event that the programme does not work properly in whole or in part (e.g. through data backup, fault diagnosis, regular testing of results). It is his responsibility to ensure the operation of the working environment of the programme. In doing so, the customer shall in particular make the necessary settings to his firewall, virus protection or similar data protection mechanisms as well as to his network or server. The risk of incompatibility of the software with the software or hardware used by the customer shall not be borne by PRC GmbH.
(2) Subject to Section 69 e of the German Copyright Act (UrhG), you are not entitled to reverse engineer, decompile or disassemble the software.
(3) You agree to indemnify and defend PRC GmbH against all third party claims, including reasonable attorneys‘ fees, arising out of or resulting from the use of this software in breach of this agreement.
§ 5 Liability for defects, general liability/compensation for damages
(1) The software has the agreed quality, is suitable for the contractually presumed use, otherwise the usual use and has the quality usual for software of this type. Not every defect which is inevitably inherent in the software constitutes a material defect. A functional impairment of the software resulting from hardware defects, environmental conditions, incorrect operation or similar is not a defect. An insignificant reduction in quality shall be disregarded. PRC GmbH warrants that the contractual use of the software by the customer does not conflict with any rights of third parties.
(2) For customers who are consumers within the meaning of § 13 BGB (German Civil Code), the statutory provisions shall apply in the event of defects in the purchased item.
(3) In all other cases, the following shall apply in the event of defects:
(a) In the event of defects, PRC GmbH may first provide subsequent performance. Subsequent performance shall be effected, at PRC GmbH’s option, by remedying the defect, i.e. also by pointing out possibilities which avoid the effects of the defect, or by delivery of a programme which does not have the defect. An equivalent new programme version or the equivalent previous programme version which did not contain the defect shall be accepted by the customer if this is reasonable for him. In the event of a replacement delivery, the customer shall be obliged to return the defective item. In the event of defects in title, PRC GmbH shall provide a warranty by giving the customer, at its option, a legally flawless opportunity to use the software or equivalent software.
(b) The customer shall support PRC GmbH in the analysis of errors and the elimination of defects by specifically describing any problems that occur, providing PRC GmbH with comprehensive information and granting PRC GmbH the time and opportunity required for the elimination of defects.
(c) PRC GmbH may claim additional costs arising from the fact that the software has been modified, used outside the specified environment or operated incorrectly. It may demand reimbursement of expenses if no defect is found or an error is insufficiently/incorrectly reported. The burden of proof lies with the customer. § Section 254 BGB shall apply accordingly.
(d) If the defect cannot be rectified within a reasonable period of time or if the rectification or replacement delivery is deemed to have failed for other reasons, the customer may, at his discretion, demand a reduction of the remuneration (abatement) or withdraw from the contract. The repair or replacement shall only be deemed to have failed if PRC GmbH has been given sufficient opportunity to repair or replace the goods without the desired success being achieved, if the repair or replacement is impossible, if it is refused or unreasonably delayed by PRC GmbH, if there are reasonable doubts as to the prospects of success or if it is unreasonable for other reasons.
(e) Unless the customer is a consumer, the customer is obliged to inspect the delivered goods for obvious defects that would be readily apparent to an average customer. Obvious defects also include the absence of manuals as well as considerable, easily visible damage to the goods. It also includes cases where a different item or too small a quantity is delivered. Such obvious defects must be notified to PCR GmbH in writing within four weeks of delivery. Defects which only become apparent later must be notified to PCR GmbH within four weeks after they have been recognised by the user. In the event of a breach of the duty to examine and give notice of defects, the goods shall be deemed to have been approved in view of the defect in question.
(f) Unless otherwise stipulated above, any further liability of PRC GmbH within the scope of liability for defects is excluded. In particular, liability for defects shall not apply if and to the extent that the software is improperly handled by the customer or is used in a defective or incompatible hardware or software environment. The same applies in the event that the customer makes unauthorised changes to the software.
(g) The limitation period for claims due to defects is one year from the statutory commencement of the limitation period.
§ 6 Liability
The following limitations of liability apply to the customer’s claims for damages based on liability for defects or for other reasons:
(1) PRC GmbH is liable for intent and gross negligence in accordance with the statutory provisions. The same applies to injury to life, body or health, as well as to claims arising from guarantees or the Product Liability Act (ProdHaftG).
(2) We exclude our liability for slightly negligent breaches of duty, unless damages from injury to life, body or health or guarantees are affected or claims under the Product Liability Act are affected.
(3) In all other respects, PRC GmbH shall only be liable for the culpable breach of contractual obligations the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the customer may regularly rely on (cardinal obligation). This includes in particular the obligation to provide defect-free performance. In this case, the liability of PRC GmbH is limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract.
(4) In all other respects the liability of PRC GmbH is excluded.
(5) Insofar as the liability for damages of PRC GmbH is excluded or limited, this also applies with regard to the personal liability for damages of its employees, representatives and vicarious agents.
(6) The defence of contributory negligence remains open to PRC GmbH. In particular, it is pointed out to the customer that, within the scope of its duty of care, it must check before using the software for the first time whether the installation of the software could lead to special interference with already installed software and must further ensure that its data is backed up before the first installation and during ongoing operation and, in the event of a suspected software error, must take all reasonable additional security measures.
(7) The limitation period for claims of the customer who is not a consumer is one year from the statutory commencement of the limitation period.
(8) Paragraphs 1 with 6 shall also apply mutatis mutandis to manufacturers of components of the software.
§ 7 Software Updates and Upgrades
PRC may, at its sole discretion, provide Customer with updates and upgrades to the Software and retains the right to provide upgrades for a fee. From the date of installation of the update, the customer may not independently use the previous version, detach it and/or transfer it to another party. Unless other terms and conditions are received from PRC along with an Update or Upgrade, the terms and conditions of these Licence Terms shall continue to apply. The End User may decline to accept any Updates. However, upon the release of an update or upgrade, PRC is no longer obligated to support the previous version.
§ 8 Commencement and end of the customer’s rights
(1) The ownership of the delivered goods and the rights according to § 2 and § 3 shall only pass to the customer upon full payment of the purchase price. Prior to this, the customer has only a provisional right of use, which is only under the law of obligations and can be revoked in accordance with Para. 2.
(2) PRC GmbH may revoke the rights under § 2 and § 3 for good cause or withdraw from the contract. Good cause shall be deemed to exist in particular if the customer fails to pay the remuneration due or, despite a written warning, continues to breach the obligations of this contract as defined in § 2 and § 3 in a not inconsiderable manner or files an application for the opening of insolvency proceedings against the customer.
insolvency proceedings are instituted against the customer’s assets.
(3) If the right of use according to § 3 in conjunction with § 2 does not come into existence or ends, PRC GmbH may demand from the customer the return of the items provided or the written assurance that they have been destroyed, furthermore the deletion or destruction of all copies and the written assurance that this has been done.
§ 9 Applicable law, place of jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
In the event of legal disputes arising from this contract, the place of jurisdiction shall be the registered office of PRC GmbH if
a) the buyer is a merchant or
b) the buyer has no general place of jurisdiction in the territory of the Federal Republic of Germany or
c) the buyer is a legal entity under public law.
PRC GmbH is also entitled to take legal action at any other place of jurisdiction provided for by law.
§ 10 Severability clause
In the event that any provision of this contract is or becomes invalid, the validity of the remaining provisions of this contract shall not be affected thereby, even if material provisions are affected. In this case, the parties agree to replace the invalid provision by a legally effective provision which comes closest to the contractually agreed legal and economic provision and ensures the feasibility of the contract in the sense intended by both parties. The same shall apply in the event that the parties did not recognise a loophole at the time of the conclusion of this contract or such a loophole should become known or occur at a later time. The parties are then obliged to make a written amendment to the contract in the aforementioned sense.
§ 11 Data protection
The existing data privacy declaration can be found on the following page:
Pattern Recognition Company GmbH