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| Our general License Conditions: | |||||||||||||||||||||||||||
| Copyright | |||||||||||||||||||||||||||
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| § 1 The ERNA-3D Molecular Modeling Software, the User's Manual and all relating materials of ERNA-3D are Copyright © 2001 by "Dr. Mueller - SCIENCE-PENTAFOLIUM-SOFT" (here abbreviated as PENTAFOLIUM-SOFT) and the author Dr. Florian Mueller. | |||||||||||||||||||||||||||
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| Customer rights | |||||||||||||||||||||||||||
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| § 2 (a) You may use the ERNA-3D software and all components for each acquired license only on ONE COMPUTER, which has been prior registered by the company PENTAFOLIUM- SOFT or authorised companies. In the case of GROUP- or DEPARTMENT LICENSES an utilization of the software on several registered PCs is possible. (b) The number of users of the ERNA-3D software on that/these registered computer(s) doesn't play a role, as long as the software is only used from the console of that registered computer. (c) The parallel use of the software by more than one user via "Remote Terminals" (multi- user-systems) needs a special allowance and license (MULTI-USER LICENSE). | |||||||||||||||||||||||||||
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| Types of Licenses | |||||||||||||||||||||||||||
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| § 3 (a) The allowed duration of the use of the software depends on the kind of the chosen licen- se which has been acquired. There are 8 major types of licenses which can be acquired: 1.) 1 YEAR LICENSE (for a single computer) 2.) 2 YEARS LICENSE (for a single computer) 3.) SINGLE-USER LICENSE (permanent for a single computer) 4.) GROUP LICENSE (permanent for up to 3 computers) 5.) DEPARTMENT LICENSE (permanent for up to 10 computers) 6.) UPDATE LICENSE 7.) TRANSFER LICENSE 8.) MULTI-USER LICENSE The licensee acquires the non-exclusive right to use this software on a registered computer for the duration of the chosen license. Only a PERMANENT license provides the non-exclu- sive right to use the software for an unlimited time on his prior registered computer. IMPORTANT: A later transfer of the license of the registered computer to another (still non- registered) computer is only possible, if a special TRANSFER LICENSE has been acquired. (b) A purchase of the cheaper TRANSFER LICENSES is only possible ONCE, if the current Main License has not been expired and if the original installation of ERNA-3D has comple- tely (and verifiable) been removed from the old computer. A possible examination of this deletion from the former computer has to be granted to PENTAFOLIUM-SOFT at any time. The so-called "Expiration Date" of the TRANSFER LICENSE will be the same as that of the originally acquired Main License. (c) With the acquisition of a DEPARTMENT LICENSE, the licensee earns the non-exclusive right to use the ERNA-3D software on up to 10 registered PCs (in the case of a GROUP LI- CENSE on up to 3 registered PCs) of his whole department, as far as the PCs will exclusively be used by members (incl. their students) of the same department and as long as the perma- nent place of work of these PCs is the same postal address as the address of the licensee specified in the license contract. A passing on of the software to persons, who are not mem- bers of the department, is strictly forbidden. A special feature of DEPARTMENT LICENSES is, that they are also valid for future computers, which will still be acquired by the department within 2 years since the signing of the license contract. | |||||||||||||||||||||||||||
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| Update versions | |||||||||||||||||||||||||||
| § 4 (a) A purchase of (the cheaper) UPDATE LICENSE of the ERNA-3D software can only be accepted by the company PENTAFOLIUM-SOFT, if the licensee is already in the posses- sion of an elder, non-expired Main License of the ERNA-3D software, which runs on the same registered computer, for which the UPDATE LICENSE has been requested for. (b) An UPDATE LICENSE cannot be used (without special contractual agreements) to ex- pand the "Expiration Date" of a time limited license. That means, that as a rule the UPDA- TE LICENSE will expire at the same day, as the already acquired time limited Main Licen- se of the licensee. If, nevertheless, the licensee wishes the expansion of the "Expiration Date" of his time limited Main License through the acquisition of an UPDATE LICENSE, then this can be settled prior via special contractual agreements (e.g. with the help of an additional price to the normal license fee of the update). An update for an already acquired PERMANENT license is possible at any time, because in that case the Update Version will also be unlimited in time. (c) UPDATE VERSIONS for NON-REGISTERED computers are MAIN VERSIONS and therefore, they require the acquisition of a normal Main License. | |||||||||||||||||||||||||||
| Customer obligations | |||||||||||||||||||||||||||
| § 5 (a) It is allowed to create only ONE personal backup of the software, if a Copyright Label is fasten on the backup medium and if the label is clear readable. Any further creation of co- pies on other computers via Data Mediums, Telephone, Data Cables, Intranets or the Inter- net, etc. is not allowed. (b) The copying of the whole ERNA-3D User's Manual or of only parts of it is not permitted without the written permission of PENTAFOLIUM-SOFT. (c) It is not allowed to use the personal backup or the original ERNA-3D CD-ROM in other ways as for purposes of the pure installation or recovering of the system on the licensed/re- gistered computer. (d) It is prohibited to sell, to lend or to make presents of copies of this software or the rela- ting materials. Offenses against this could lead to serious consequences concerning the ci- vil and the penal law. (e) It is not allowed to the licensee to pass over the license rights to third parties. Only in the case that the licensee wants to SELL HIS WHOLE COMPUTER, the license for the installed ERNA-3D software will be passed over to the purchaser of the computer, independently whether the new owner wants to use the software or not. In this way it can be guaranteed that the already granted license rights remain connected with the registered computer. In such cases the licensee has to hand over the License Contract, the personal backup and all further originally delivered related materials to the new owner of the computer. Additio- nally the licensee has to inform the company PENTAFOLIUM-SOFT about the new owner with name and address. In those cases, where the originally granted license has been a tempo- rary license, the new owner would also get the same temporary license, who's temporal right to use the ERNA-3D software would end at the same date, as the originally given license. Fundamentally, these license conditions will not be changed in any way due to the transfer of the license rights to the new owner. The new onwer of the computer has to agree to these li- cense conditions prior, otherwise it would not be allowed to him to use the ERNA-3D software and he would have (verifiable) to delete the installation of the software completely from the acquired computer and he would have to return the given relating materials back to PENTA- FOLIUM-SOFT without any compensations. IMPORTANT: ERNA-3D LICENSES WILL ONLY BE GRANTED TO OWNERS OF A COMPU- TER, WHICH HAS BEEN REGISTERED PRIOR BY THE COMPANY PENTAFOLIUM-SOFT. IN THE CASE OF A SALE OF THIS REGISTERED COMPUTER, THE LICENSE RIGHTS WILL BE TRANSFERED TO THE NEW OWNER OF THE COMPUTER, SO FAR AS HE HAS AGREED TO THE LICENSE CONDITIONS OF THE TRANSFERED LICENSE CONTRACT PRIOR. IN THE CASE, THAT THE SELLER OF THE COMPUTER FURTHER INTENDS TO USE THE ERNA-3D SOFTWARE ON A DIFFERENT/NEW COMPUTER, HE FIRST HAS TO ACQUIRE A NEW MAIN LICENSE. THE RECOMMENDED ACQUISITION OF A SO-CALLED "TRANSFER LICENSE" CAN ONLY BE GRANTED BY PENTAFOLIUM-SOFT BEFORE(!) THE SALE OF THE OLD COMPUTER AND THIS TRANSFER LICENSE CAN ONLY BE GIVEN A SINGLE TIME IF THE ERNA-3D SOFTWARE HAS BEEN COMPLETELY (AND VERIFIABLE) DELETED FROM THE OLD COMPUTER AND IF THE ORIGINAL MATERIALS HAVE BEEN RETURNED TO PENTAFOLIUM-SOFT. THIS TRANSFER-LICENSE-RULE WILL ALSO BE APPLIED IF THE LICENSEE (VERIFIABLE) INTENDS TO SCRAP THE OLD REGISTERED COMPUTER. IN THIS CASE THE TRANSFER OF THE LICENSE IS ALSO ONLY POSSIBLE, BEFORE(!) THE COMPU- TER (VERIFIABLE) BECOMES SCRAPPED. (f) It is not allowed to modify the ERNA-3D software or the related materials or parts of it in any way. (g) It is forbidden to de-compile the software and to use or distribute any information from such an illegal de-compilation. (h) It is prohibited to "crack" (this means. to switch off) the Copy Protection Mechanism of the ERNA-3D software or to use methods, which would allow to use the software on other (non-re- gistered) computers. As well as, it is prohibited to use methods, which would allow the expan- sion of the programmed "Expiration Date" of the given license. (i) It is forbidden to use the ERNA-3D software in any unethical or illegal way. The term "un- ethical" here means, that if the software would be used directly or indirectly for purposes which contradict the general Christian Comprehension. (j) In the case of obvious offences against paragraphs 5 (a) to (i) PENTAFOLIUM-SOFT and the author of ERNA-3D are entitled to revoke all current ERNA-3D licenses given to the licen- see WITHOUT ANY AMENDS. In such cases the licensee has to hand over the whole ERNA- 3D material (e.g. the ERNA-3D CD-ROM, the User's Manual and all related materials). Beyond that, all copies and files, which belong to the ERNA-3D Molecular Modeling System, have to be (verifiable) deleted from the computer(s) of the licensee. (k) A license is not considered as given until the royalty was completely paid. | |||||||||||||||||||||||||||
| Limited warranty | |||||||||||||||||||||||||||
| § 6 THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EX- PRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS ALSO NO WARRANTY, THAT THE SOFTWARE IS FREE OF ERRORS OR THAT IS SUITED IN ANY KIND FOR PURPOSES OF TRADE. THE ENTIRE RISK AS TO THE USABILITY, PERFORMAN- CE AND QUALITY OF THE SOFTWARE IS WITH THE USER OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, NEIGHTER THE AUTHOR OF ERNA-3D NOR THE COMPANY PENTAFOLIUM-SOFT WOULD ASSUME THE COST FOR ANY SERVICING OR FOR ANY CORRECTION OF THE SOFTWARE. Of course, the company PENTAFOLIUM-SOFT warrants, that the delivered CD-ROMS are to be free from physical defects and warrants the free exchange of defective CD-ROMS, on which the software is furnished, within 90 days (since the receipt of the data medium), as far as the licen- see has used the original CD-ROMS in a normal and careful way. | |||||||||||||||||||||||||||
| Non-Liability | |||||||||||||||||||||||||||
| § 7 The entire liability of the company PENTAFOLIUM-SOFT or of the author will be the replace- ment of defective CD-ROMS within the mentioned period, not meeting the above described "Limited Warranty". IN NO EVENT WILL THE COMPANY PENTAFOLIUM-SOFT OR THE AUTHOR OF ERNA-3D BE LIABLE TO THE LICENSEE FOR ANY DAMAGES, INCLUDING ANY COST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE SUCH SOFTWARE EVEN IF THEY HAVE BEEN ADVI- SED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHERMORE, NO RESPONSIBILITY IS ASSUMED FOR FUTURE MAINTENANCE OR SOFTWARE SERVICING IN CONNECTION WITH THIS MATERIAL. Neither the company PENTAFOLIUM-SOFT nor the author of ERNA-3D will accept any respon- sibility for errors which may be present in the programme, in the manual or in other material re- lating to ERNA-3D. Similarly, no responsibility is taken for any destruction, loss of data or other disadvantages which may arise in connection with the use or performance of this material. At this point, the user is explicitely warned, that some computer monitors, which are not suitable for the Stereo Rendering (e.g. if the max. Line Frequency is too less or if the Picture Repeating Rate of the monitor is lower than 120Hz), may be damaged if one tries to use them in connection with the Stereo Mode of ERNA-3D and the necessary additional stereo hardware. Again, no lia- bility is assumed for such and for all comparable damages. The user is warned here, that the intensive work with the computer and with Shutter Glasses or other 3D technics, which are necessary for the Stereo Rendering, could possibly lead to health risks, for which likewise no responsibility can be assumed. | |||||||||||||||||||||||||||
| Rosengarten, October 19, 2011 (End of our general License Conditions) | |||||||||||||||||||||||||||
| (The above information is intended solely for informational purposes. The original german text is legally binding.) | |||||||||||||||||||||||||||
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| Copyright © 2011 PENTAFOLIUM-SOFT | |||||||||||||||||||||||||||