Licensing Terms and Conditions
With AutoSteps, you have purchased a product that, in our view, meets the highest standards of quality and excellence. Nevertheless, for legal reasons, we are obliged to point out that we assume no liability for the accuracy and operational stability of the program.
- Software Activation
This license entitles you to install the software on one computer. The software must be activated after installation in order to prevent unauthorized use. When you first run the application, you will be prompted to perform this activation. With an internet connection, this process can be accomplished in a matter of seconds. As a user, you agree that personal information is used for the purpose of generating license information and for contact in the event of licensing issues during the activation process. This information includes the company name or first and last name, email address and the address if they were used when purchasing. This information is used exclusively for our existing contractual relationship with you and never shared with third parties. Upon activation, your license will be linked to a specific hardware configuration.
- The following applies to users of test versions:
(1) For test versions, the Licensor provides a simple license free of charge for a trial use of the software (test license), which you may not transfer, assign or sublicense. This applies to test versions with a limited usage term (generally 30 days from start-up) as well as test versions with limited functionality.
(2) If you like the software, you can remove the restrictions of the trials at any time by purchasing a full license for the software.
- Usage Rights
(1) As a Licensee, you are entitled to use the software for operational purposes in your own business. The Software is considered to be installed on a computer when it is loaded into the random access memory (i.e. RAM) or installed in read only memory (such as hard disk or other storage medium). You are also entitled to make a backup copy of the software should this be required to secure further use of the software. In all other regards, the rights of use under the provisions of the Copyright Act shall also apply.
(2) For the purpose of the contractual use of the software, the Licensor grants you a simple, non-transferable right to use the software for the duration of the contract.
- Unauthorized Use
(1) The use of the software by more than one person on one or several computers at the same time is not authorized, unless you have purchased a multi-user license.
(2) Without the written consent of the Licensor, you are not authorized:
– to make copies of the software or backup copies beyond the above permission;
– to rent or sublicense the software or make it available to third parties, or pass it on to third parties or operate it as a service to third parties in an expressly unauthorized manner;
– to change the software through modification or adaptation (this prohibition also applies, among other things, to translating, modifying and continued use of the product in parts);
– to operate the software on a server which allows client access.
– to restore the provided program code into other code forms (decompilation) or reconstruct the various manufacturing stages of the software product (reverse engineering) in any way.
(3) The provisions of the Copyright law will also apply to all of the total usage rights and provisions.
- Changes and Updates
The Licensor is entitled but not obligated to update the software.
- Liability and Warranty for Defects
(1) The Licensor guarantees that at the time of delivery,
- the program is correctly transferred to the disk or in the download file, and the documentation contains all the information available from the Licensor which is necessary for use of the software;
- the program is useable as provided in the product description;
(2) The warranty period for sales contracts is 12 months for operators and begins with the transfer or delivery of the goods. Within the statutory warranty, the Licensor will rectify any defect that is detected or provide you with a replacement product. A defect is particularly considered to be resolved if the Licensor delivers a replacement product to you in the form of a more recent version of the software which does not contain this defect. If the corrective action fails even after repeated attempts, you are entitled to either cancel the contract or to demand a reduction in price. Claims for damages or claims for substitute performance shall be excluded.
(3) You shall support the Licensor in the detection of errors and correction of defects and create and print the help information upon request. The Licensor is entitled to bypass a potentially difficult error if this can be corrected with minimal effort and it does not adversely affect the continued use of the software.
(4) Unless otherwise agreed to by the Parties in writing, Licensor shall pay damages and compensation for futile expenses incurred in vain, for whatever legal reason, to the following extent:
- a) The liability for intent is unlimited.
- b) In the event of a failure to comply with a warranty obligation, the liability shall be limited to the reasons and amount assumed in the warranty.
- c) In the case of gross negligence, there is a liability in the amount of contractually typical and foreseeable damage.
- d) In the event of a non-gross negligent breach of a material obligation, whose fulfillment is essential to the proper execution of the contract, on whose observance the user regularly relies and on which the user could reasonably expect to rely, and whose breach puts the purpose of the contract at risk (cardinal obligation), the Licensor shall be liable in the amount of contractually typical and foreseeable damage.
- e) In addition, liability for simple negligence, consequential damages, indirect damages and lost profits is excluded.
(5) The statutory provisions shall apply in the event of loss of life, body or health and for claims under the Product Liability Act.
(6) The option of claiming contributory negligence remains open.
(7) You are obligated to use security updates, patches and/or service packs provided by the Licensor for the software at no cost, and to back up your data before installing the software and periodically thereafter, particularly before making a change in the hardware or software environment. Insofar as you meet the conditions of contributory negligence, the Licensor is not liable for the breach of contractual obligations or any changes to the software by you or any third party or through improper handling or incorrect operation of the product. The Licensor assumes no responsibility for the selection, installation and use or the intended results of the software. Additional expenses in the settlement incurred by the fact that the contractual subject has been relocated to a place other than the place of delivery will be your own responsibility.
- Final Provisions
(1) Jurisdiction is at the location of the Licensor’s headquarters if the customer is a merchant or a legal entity under public law or has no general jurisdiction within the Federal Republic of Germany. We are, however, entitled to also file suit in any other legally appointed venue or jurisdiction. The laws of the Federal Republic of Germany shall apply with the exclusion of the UN Convention on Contracts for the International sale of Goods (CISG), subject to mandatory private international law provisions. The laws of the Federal Republic of Germany shall apply exclusively with the exclusion of the UN Convention on Contracts for the International sale of Goods (CISG) as well as the provisions on conflicts of international civil law.
(2) The contract language is German.
(3) In the event that one or more provisions of this contract shall become invalid, all other provisions of the contract shall remain in effect. All statutory provisions shall also apply.