End user agreement for My-Public-HotSpot
Software License Agreement as of 12/2009
Copyright (c) 1996-2009
PROVISIO GmbH, Germany & PROVISIO LLC, USA - All Rights Reserved
END USER LICENSE AGREEMENT
This license agreement is a valid contract between you (individual or legal
entity) and PROVISIO, for My-Public-HotSpot, and other components owned by PROVISIO.
ONLY if the software product is an original and has been delivered with an
original 'Certificate of Authenticity' as part of the purchased software
product will this license agreement be valid and grant the license rights
subject to this agreement. Installing, registering, copying, downloading or
otherwise using My-Public-HotSpot indicates your irrevocable
acceptance of this licensing agreement and of our Copyright terms.
In case you do not agree to the terms of this license agreement, PROVISIO
GmbH will not license the software product for you. In this case, you will
not be allowed to use or copy the software product. In addition, you will
be obliged to contact PROVISIO GmbH immediately in order to receive
information on how to return the software product and all other purchased
items for refund of the purchase price under the terms of PROVISIO GmbH.
This license agreement will be displayed any time prior to the installation
of the software. It must be accepted by ‘clicking’ on the corresponding
button in order to obtain the license for the installation of the software.
1. GRANTING OF A LICENSE
GENERAL LICENSE FOR INSTALLATION AND USE:
PROVISIO GmbH grants the licensee a non-exclusive license for My-Public-HotSpot.
The license comprises the following: 1. The application on a data carrier.
2. Enclosed data. 3. Software documentation. 4. Additional written
materials. Source codes are not subject matter of this agreement and are
neither part of the scope of software supply nor of any installations.
The licensee has no right to own the source code of My-Public-HotSpot and will not
receive this code. The software product is licensed and not sold!
RESERVATION OF RIGHTS:
This license agreement does not grant the Licensee any rights other than
those explicitly granted herein. The ownership, copyrights and any rights
pertaining to My-Public-HotSpot remain with PROVISIO GmbH. The licensee may not
utilize any part of My-Public-HotSpot for purposes other than installing one copy
per license on his or her computer. PROVISIO GmbH reserves, in particular,
all rights for the publication and duplication of the software.
PROVISIO GmbH only may alter the software in any form.
The software updates are licensed in accordance with this license agreement
unless you are asked to agree to a separate license agreement. In this case,
the installation and use of the updates will be covered by the latter.
With the dispatch of the software and hardware the delivery risk will be
with the customer. This rule also applies if delivery is free. In case the
software product is picked up by the customer, the customer bears the risk
of supply after being informed that the goods will be put at his or her
In case PROVISIO GmbH fails to license the software by the promised date,
the Licensee may not assert a claim until a time limit of two weeks set
by the Licensee has expired, unless the Licensee proves that he or she is
no longer interested in obtaining a license because of the delay.
In case delivery is delayed or impossible, PROVISIO GmbH is not liable
to indemnify the Licensee for any indirect damages unless in cases of
willful or gross negligence in violation of contract on the part of
PROVISIO GmbH. Deliveries in parts are allowed.
In case PROVISIO GmbH is not able to fulfill this agreement on time or
completely because of force majeure (act of God) , e.g. strike, lockout,
outage of material supply, server failure, loss of production and supply,
PROVISIO GmbH has the right to withdraw from this contract without
liability for damages.
3. SCOPE OF USE
The license permits the installation and use of the licensed software on
one computer. The number of potential users on this one computer is not
limited. Installation of the licensed software or display of the program
on additional computers including terminals and workstations requires one
license each per computer. This restriction does not apply for unlicensed
program-versions (shareware). Moreover the simultaneous access to one
licensed software product from or on the devices mentioned is not allowed.
A license may be used by any person on a certain computer. Further separate
licenses are required for the use of the licensed software on additional
computers unless the customer uses a Shareware Version. This rule does not
only apply to the My-Public-HotSpot Version.
This software is subject to copyright. The licensed program and its
documentation may neither be duplicated in full nor in part by the Licensee
for purposes other than back-up. The licensee has to mark the back-up copy
as copyrighted by PROVISIO GmbH. An existing or added registration number
may not be removed.
5. THIRD PARTIES
The right to use this software can only be transferred under the conditions
of this agreement. The licensee may neither retain a copy in computer
readable nor printed form; he or she must transfer the entire software
product including all components, the media and printed material,
all updates, this license agreement and the Certificate(s) of Authenticity
as well as all registration data to the transferee. If the software product
is an updated version, the transfer must embrace all former versions.
The transferee must explicitly agree to the terms and conditions of this
agreement. The leasing, renting or lending of the software is prohibited.
The Licensee may not alter the software him- or herself or through a third
party. The Licensee is prohibited from using the software as the basis for
his or her own work. He or she may not copy printed materials. Any form of
reverse engineering (e.g. decompiling, disassembling) is strictly
prohibited unless local jurisdiction explicitly permits reverse engineering.
7. DURATION OF CONTRACT
This contract does not have a time limit. However, the Licensee looses his
or her license, if any infringement of PROVISIO's rights occurs.
The documentation and manuals are available in electronic form only, even
with CD-ROMs. A notice of defect has no legal effect, and the agreement
cannot be voided because of the lack or failure of a printed documentation.
9. WARRANTY AND LEGAL LIABILITY OF PROVISIO GmbH
PROVISIO GmbH warrants the initial Licensee that the software data carrier
and any other delivered hardware is without material faults under normal
circumstances and maintenance. PROVISIO GmbH does not guarantee that the
software product or any other product meets the customer requirements and
purposes. Nor does PROVISIO GmbH guarantee that the software product and
hardware product is compatible with other software or hardware.
The Licensee knows that current technology cannot guarantee the functioning
of software products under any condition.
The data and information provided on PROVISIO’s website, in the operating
instructions and manuals, and in any other material like product
descriptions and catalogues must be considered as non-committal product
descriptions and not as guarantees. The granting of a guarantee must be
confirmed in writing by PROVISIO to become legally binding.
The licensee commits him- or herself to examine the software product
immediately after receipt for obvious damages and defects easily
identifiable by an average customer.
Should an obvious damage, lack or defect (e.g. the absence of data on a
data carrier like a CD-ROM, a lack of the software product or an easily
visible damage of the data carrier) occur, Licensee shall notify
PROVISIO GmbH or the supplier in writing within four weeks after delivery
of software product. Licensee shall inform PROVISIO GmbH or the supplier
about the exact nature of any alleged, obvious damages and defects and
shall announce whether the Licensee intends to reject the software
product. If no such notice is received, software products and goods will
be deemed conforming, free of any defect and accepted by the Licensee
unless the damage or lack was not recognizable even after careful
inspection by an average consumer within the time limit mentioned
above. The Customer agrees to pay for all accepted goods in accordance
with the terms and conditions set forth herein.
Licensee must reprimand damages and defects he or she recognizes at a
later point in time to PROVISIO or his or her supplier within four
weeks after detecting. If Licensee violates his or her obligation to
examine the software product and to reprimand damages and defects, the
software product is legally considered as being approved of regarding
the relevant damages or defects.
If a reproducible damage or defect of the software product occurs within
the warranty period, PROVISIO GmbH will at its own discretion either repair
the product, install a circumvention of the error or replace the product.
Replaced devices or parts become property of PROVISIO GmbH. PROVISIO GmbH
may appoint third parties for the correction of the error. In this case
PROVISIO GmbH still acts on its own behalf and expenses.
If PROVISIO GmbH can prove that no warranty case with regard to the alleged
damage or defect occurred, the customer has to bear the expenses for defect
diagnosis and connected services.
If PROVISIO GmbH fails to remedy the defect by repairing or replacing within
two weeks after commencement, the customer is free to withdraw from the
contract or reduce the purchase price. Withdrawal from the contract and
reduction of the purchase price has to be declared in writing.
Licensee needs to destroy the software product, the license code and copies
if he or she withdraws from the contract. The Licensee must also return all
data carriers, delivered hardware including backup copies, written materials
and a copy of the invoice to PROVISIO GmbH or the supplier who sold the
All other warranty and liability of PROVISIO GmbH, its representatives and
auxiliary persons is excluded unless PROVISIO GmbH acted in a grossly
negligent way or intentionally, or bodily harm is subject matter of the
damage event. Any implied warranty for merchantability or fitness for a
particular purpose is excluded.
We do not assume liability for lost revenues, loss of profit, damage to or
the loss of data as well as any damage resulting thereof, especially phone
costs, communication costs or provider costs except in the event that
PROVISIO GmbH acted in a grossly negligent way or intentionally, or bodily
harm is subject matter of the damage event and as far as this is applicable
by law. We also do not assume liability for any installation-, maintenance
or service costs which result from the My-Public-HotSpot software directly or
indirectly. In any case, PROVISIO GmbH's legal liability only includes
compensatory damages and is limited to the amount of the paid license fee.
No punitive damages may be assessed. Any explicit warranties from
PROVISIO GmbH remain untouched. Any warranties that the local jurisdiction
adopted by law remains fully intact.
Excluded is PROVISIO GmbH’s liability for damages and defects which
occurred on the following grounds:
- Non-observance of the rules for installation, use and maintenance
- Improper use of the product
- Interference in the product
unless these damages have been caused intentionally or in a grossly
negligent way by PROVISIO GmbH and allowed by law.
Licensee is solely responsible for the proper use of the product and
The warranty period is 12 months beginning with the delivery of the product.
My-Public-HotSpot is based on Microsoft's Internet Explorer. PROVISIO GmbH is not
able to fix bugs which are related to the Microsoft Internet Explorer.
Third-party statements and grants (e.g. distributors) about warranty,
liability and compensatory or punitive damages are non-binding to
10. LICENSING RIGHTS OF THIRD PARTIES
The licensee is aware that the software is based on the product Internet
Explorer of Microsoft (USA), for which PROVISIO GmbH does not possess any
copyrights. This browser (web browser) control may be used for free as of
the current Microsoft Corp. licensing regulations.
The licensor cannot guarantee that the web browser control of future
Microsoft Internet Explorer versions may and can be used. Due to this
reason, we can only guarantee that the software will run with the current
version of the Microsoft Internet Explorer Version (6.0). Any rights or
claims to adjust the software to future versions of the Microsoft Internet
Explorer do not exist..
The Internet Explorer uses the .gif (Compuserve Graphic Interchange)
graphics format for displaying graphics. All rights for this graphic
format as well as the LZW-algorithm on which it is based are owned by the
company Unisys. Any licensing demands by the companies Microsoft and Unisys
are responsibility of the licensee. The licensor does not assume any
liability in this regard.
PROVISIO GmbH holds licenses under United States Patents with the
Numbers 6,078,848 und 5,761,071. Owner of these patents is Netkey, USA.
[“NETKEY® Licensed; U.S. Patent Nos. 6,078,848 and 5,761,071”].
11. COPYRIGHTS / TRADEMARKS
All property rights, title, and copyrights in and to the software
product and its [Plug-Ins], including all (including, but not limited
to, any images, photographs, animations, video, audio, music, text,
and "applets" incorporated into the software product) and documentation
and any copies of the software product are owned by PROVISIO GmbH.
The software product is licensed not sold.
You may not copy the licensed software product and the documentation
neither completely nor in part with the exception of one
machine-readable copy of the licensed software product solely for
backup or archival purposes, or unless you want to install the software
product for protection purposes. Licensee is obliged to attach the
copyright notice of PROVISIO GmbH to this backup copy.
All title and intellectual property rights in and to the content
which may be accessed through use of the software product is the
property of the respective content owner and may be protected by
applicable copyright or other intellectual property laws and treaties.
This agreement does not grant you any rights to use such content.
All rights which have not been expressly transferred or assigned to
the Licensee are owned by PROVISIO GmbH. This agreement does not grant
you any rights in connection with any trademarks or service marks
of PROVISIO GmbH.
12. COMPLIANCE WITH TRADE REGULATIONS
Licensee acknowledges that the software product including all
hardware products is subject to German trade law, European trade
law and the national laws of the EU Member States. Licensee agrees
to comply with all applicable international and national laws that
apply to the software product, including the German and European
Export Administration Regulations, as well as end-user, end-use,
and destination restrictions issued by Germany and other governments.
13. CLOSING STATEMENT
Without prejudice to any other rights PROVISIO GmbH may terminate
licensee’s rights under this agreement if Licensee does not observe
a term or condition of this contract. In this case, Licensee must
delete any copy of the software product and return any hardware
product to PROVISIO.
PROVISIO GmbH's General Business Terms and Conditions apply.
You can view and print the General Business Terms and Conditions
by visiting the following web site http://www.provisio.com/agb.aspx
Any amendments and modifications to this agreement need to be in
writing including this clause.
If any part of this contract is illegal, the remainder of the
contract remains nonetheless in full force. The contract becomes
automatically amended in a way that comes closest to the business
intentions behind the invalid part that made this contract illegal.
The same rule applies if a contractual loophole occurs.
The law of the Federal Republic of Germany only applies to this
contract. UNCITRAL provisions (UN-LAW) do not apply in any form.
Place of jurisdiction is the seat of PROVISIO GmbH if the Licensee
- is a fully qualified merchant, a public corporation or a special
- has no general domestic place of jurisdiction or
- moves his domicile or usual residence out of the country or if his
domicile or usual residence is unknown at the time of filing suit.
If you have any questions concerning this Agreement or the software
or related documentation, you may contact PROVISIO's customer service at
My-Public-HotSpot uses "Internet Explorer" which is copyrighted (c)
by Microsoft Corp.(USA)