End user agreement for TickInvest - Stock Charting and Technical Analysis
SOFTWARE LICENCE AGREEMENT
- Single User Licence -
Please read this software licence agreement ("Agreement") carefully before purchasing the software and installing and using it on your computer. By utilising the software, you expressly consent to the following licence conditions.
§ 1 Object of the Agreement, scope of application
1.Subject to the provisions of this Agreement, the ("Licensor") Erich Behmen shall provide the Customer ("Licensee") with software for the Licensee's utilisation against payment of a remuneration. All other rights relating to the software shall remain fully with the Licensor. The software shall exclusively be sold by "downloading" from the Licensor's servers, or from the servers of authorised download providers after entry of the data required for the payment of the applicable licence fee.
2.The terms and conditions of utilisation applicable for the website "www.tickinvest.com" shall apply additionally. Should the provisions of this Licence Agreement and the provisions of the terms and conditions of utilisation for the website "www.tickinvest.com" differ, the provisions of this Licence Agreement shall take priority.
§ 2 Copyrights
1.The software is copyrighted under the provisions for the protection of computer programmes. The copyrights in particular encompass the programme code, the documentation, the appearance, the structure and organisation of the programme data, the programme names, logos and other types of illustrations within the software. All rights resulting from the copyrights are held by the Licensor as the manufacturer.
2.In as far as business secrets are disclosed to the Licensee in the course of the utilisation of his licence, the Licensee undertakes to maintain confidentiality with regard to such secrets, for an indefinite period of time. The Licensee in particular undertakes to maintain secrecy with regard to the software and the documentation, and undertakes not to disclose them to third parties, neither as a whole nor in part, nor to forward them to third parties, unless the Licensee is entitled to do so under the provisions of this contract or any other written agreement with the Licensor.
3.Copyright marks, serial numbers and other features which serve to identify the programme may not be removed or modified under any circumstances.
§ 3 Utilisation rights
The following provisions apply with regard to the granting of utilisation rights to software:
a) Scope of the licence
1.Upon complete payment of the licence fee without any reservations, the Licensee shall obtain ordinary, generally indefinite, non-exclusive utilisation rights to the software and to the associated documentation for the Licensee's own purposes.
2.Up until complete payment of the remuneration due in each case has been effected, the Licensee shall only be permitted to utilise the software with the proviso that this permission may be cancelled at any time. The Licensor shall have the right to withdraw the utilisation rights with regard to any services for which the Licensor has defaulted in payment of the remuneration, for the duration of such default. If utilisation rights are to be transferred for an indefinite period of time, the Licensee shall obtain the unlimited and irrevocable utilisation rights to the copyrighted services provided by the Licensor only upon complete payment of the agreed remuneration.
3.All data processing equipment (such as hard discs and central units) onto which the software is copied, whether entirely or in part and whether temporarily or permanently, must be located on the Licensee's premises and must be in his direct possession.
4.If utilisation rights are terminated or expire for other reasons, the Licensee shall return to the Licensor the software, any copies produced by the Licensee and the documentation. Should the physical surrender of the software and the copies not be possible for technical reasons, the Licensor shall delete these and confirm this in writing to the Licensor.
1.The Licensee shall be permitted to copy the software to the extent to which this is necessary for the utilisation of the software. Necessary copies include the installation of the software from the original data carrier onto the hard disc of the used hardware, and the loading of the software into the random access memory.
2.The Licensee shall be permitted to duplicate each individual software copy once onto a permanent data carrier for purposes of data storage. Backup copies of the software must expressly be marked as such.
3.Other copies (including the output of the programme code onto a printer and the printing out and photocopying of the programme description) are not permitted.
c) Multiple utilisation
If the Licensee changes the data processing equipment, the software must be deleted from the hard disc of the hardware used up until such time. He may not store, have available or use the software intended for one workstation on more than one appliance at the same time. It is not permitted to use software intended for one work station within a network or on other multi-station computer systems if this allows the multiple simultaneous utilisation of the software.
d) Forwarding of the full version including the licence key
1.The Licensee may permanently forward the software and the accompanying documentation to third parties, provided that the third party obtaining the software accepts the terms and conditions of this contract regarding copyrights and utilisation rights as binding for himself. Upon forwarding the software, the Licensee shall no longer be permitted to use the software. In such cases, copies of the software must either be forwarded to the third party obtaining the software, or copies which are not handed over must be destroyed.
2.The software may not be rented out for commercial purposes. The Licensee may otherwise allow third parties the temporary utilisation of the software, provided that the third party accepts the terms and conditions of this framework contract regarding utilisation rights as binding for himself, and provided that the Licensee has handed over all copies of the software, including any backup copies which may exist, or has destroyed any copies which he does not hand over. During the time the software is let to a third party, the Licensee shall not be permitted to use the software.
3.The Licensee shall inform the Licensor of any utilisation by third parties and of any forwarding, promptly and in writing. In this context, he shall in particular disclose the name and address (including the e-mail address) of the purchaser or lessee, and shall disclose the contractual terms and conditions under which the sale or renting takes place.
4.The Licensee shall not allow utilisation of the software by third parties, or forwarding to third parties, if there is a suspicion that the third party may violate the terms of this contract regarding utilisation rights.
e) Decompilation and programme modifications
1.Re-translations of the provided programme code into other code forms (decompilation) and other types of re-tracing the various production stages of the software (reverse engineering) are not permitted. Should interface information be required in order to establish interoperability of an independently compiled computer programme, this information can - provided this is technically feasible for the Licensor - be requested from the Licensor or a third party named by the Licensor, against payment of a nominal contribution to the costs.
2.Translating, editing, arranging and other modifications of the software or parts thereof, as well as copying of the results thus obtained, shall only be permitted to the extent to which this is necessary in order for the Licensee to be able to use the software.
§ 4 Defects in the software
1.Should the software contain a defect, the Licensor shall, at the Licensee's option, either rectify the defect or supply a product which is free of defects ("subsequent performance"). The Licensor may refuse the chosen type of subsequent performance, or subsequent performance as such, if this is only possible applying disproportionate expense. In cases of substitute deliveries, the Licensor shall be obligated to bear the necessary expenses, in particular the costs for the transmission of the software. If the Licensor provides the software free of defects for the purposes of subsequent performance, the defective software must be deleted completely from all of the Licensee's data carriers, and may not be forwarded to third parties.
2.Should the Licensor not be prepared or able to provide subsequent performance, or should this be delayed beyond an adequate period of time for reasons within the Licensor's scope of responsibility, or should subsequent performance fail for other reasons, the Licensee shall, subject to the statutory provisions, be entitled to assert his rights of withdrawal from the contract or reduction of the purchase price and damages. Subsequent performance shall only be deemed to have failed after three unsuccessful attempts. In cases of recourse pursuant to section 478 BGB (German Civil Code), the provisions set out there shall apply.
3.The Licensee shall only be able to assert any claims going beyond this, in particular damage claims, including loss of profits or other financial damage incurred by the Licensee, subject to the provisions of this software licence agreement regarding the Licensor's liability.
§ 5 Licensor's liability
1.The Licensor shall have unlimited liability only for intent and gross negligence. The Licensor shall only be liable for cases of ordinary negligence if an obligation was violated, the compliance with which is of particular importance for achieving the purpose of the contract ("cardinal duty"). The liability sum for cases of ordinary negligence shall be restricted to the foreseeable damage, the occurrence of which is typical for this type of contract.
2.The Licensor shall be liable for cases of initial impossibility of performance only if he was aware of the obstacle to performance or if he failed to be aware of such obstacle due to gross negligence.
3.The period of limitation for claims for damages against the Licensor shall be one year from the statutory commencement of the period of limitation.
4.The above restrictions of liability shall not apply to claims under the Produkthaftungsgesetz (German Product Liability Act), nor to damage incurred because of death, physical injuries or adverse health effects.
5.Should the Licensee use the software in a manner which violates the contract, the Licensor's liability shall be excluded.
§ 6 Third Party Software
Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.html file.
§ 7 Miscellaneous
1.This licence agreement shall be governed by the law of the Federal Republic of Germany. The application of the "Uniform Law on the International Sale of Goods" and the "Uniform Law on the Conclusion of International Purchase Contracts" as well as the "United Nations Convention on Contracts for the International Sale of Goods" are hereby excluded.
2.The place of jurisdiction for all disputes arising in commercial trade from the contractual relations, including court procedures regarding claims based on cheques, bills of exchange and documentary evidence (Scheckprozess, Wechselprozess and Urkundenprozess), shall be the Licensor's registered place of business. The Licensor may also take legal action against the Licensee at the Licensee's registered place of business.
3.The Licensee may not - except as otherwise provided in this software licence agreement - transfer individual rights under this contract, nor the contract as a whole, to third parties, unless with the expressed written consent of the Licensor. The Licensor shall grant this consent if the Licensee's justified interests in the transfer of these rights outweigh the Licensor's interests.
4.Side agreements have not been concluded. Any modifications of this software licence agreement must be set out in written form. The same shall apply for the waiver of the written form requirement.
5.Should individual provisions in this licence agreement be or become invalid, whether entirely or in part, this shall not affect the validity of the remainder of the licence agreement.