Software / Updates Software SELVE USB-RF Gateway
SOFTWARE LICENSING AGREEMENT
Last Updated: November 6, 2015
§ 1 Subject Matter
(1) Selve GmbH & Co. KG, Werdohler Landstr. 286, 58513 Lüdenscheid (hereinafter: SELVE) provides the software "commeo Multi Send Configuration Tool", including a USB driver, to its Customers via its website for free download under the following conditions. By downloading and installing the software, the Customer agrees to the following terms and conditions.
(2) The software’s functionality is described in the manual, which is also available for free download from the website.
(3) This contract does not cover installation, configuration or support, and these services will not be provided by SELVE.
§ 2 Rechteeinräumung
The Customer will receive a simple non-transferable license not restricted as to time, geography or content. Under no circumstances does the Customer have the right to rent, sell or otherwise sub-license the software, to publicly reproduce it, disseminate it either by physical or wireless means or to make it available to third parties, whether for a fee or free of charge.
§ 3 Liability
(1) SELVE shall be liable for intentional and grossly negligent actions in accordance with applicable laws. SELVE shall only be liable for acts of minor negligence if they breach a duty which is essential for achieving the purpose of the contract (known as “cardinal duties”), whereby SELVE's liability shall be limited in amount to damages which are foreseeable and typical for the transaction in question, as well as for damages resulting from injury to life, limb or health.
(2) SELVE shall not be liable for the loss of data and/or programs if the damages arise from the Customer’s failure to perform data backups which would have ensured that lost data could have been restored with reasonable effort.
(3) The above limitation of liability shall also apply to the personal liability of SELVE's employees, representatives and corporate bodies.
§ 4 Final Provisions
(1) The Customer may only transfer claims against SELVE to third parties with SELVE’s written consent.
(2) The Customer may only claim offsets with respect to undisputed or legally-established claims.
(3) Changes or amendments to this contract must be made in writing. This requirement also applies to the alteration or removal of this written-form clause. Electronic documents in text form do not fulfil the written-form requirement.
(4) The Customer’s general terms and conditions of business do not apply to this contractual relationship.
(5) German law applies to this contract.
(6) Performance under the contract is deemed to occur in Lüdenscheid, Germany. The exclusive place of jurisdiction is Lüdenscheid, provided that each party is a merchant or a legal entity under public law or has no general place of jurisdiction in Germany.
(7) Should individual provisions of this contract be invalid, the validity of the remaining provisions remains unaffected. The contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the commercial purpose of the invalid provision.