WinFonie Mobile v1 1.9.61

EULA - End User License Agreement

Software license terms
as at 2005-10-21

These software license terms have been translated from the only authoritive German version: http://www.bertels-hirsch.de/de/license

§ 1 Software license

Unless otherwise agreed in writing the software must not be installed on multiple systems or multiple times on the same system at the same time. Multiple or remote access to the software (e.g. by using a terminal server) is not allowed.

§ 2 Liability for defects

Liability for loss of profit, damage to property or financial loss is excluded. Our liability exclusions and limitations hold for personal liability of employees, representatives and vicarious agents, too.

Preceding limitation of liability does not apply for damage caused by intent or gross negligence, nor for damage to persons. Furthermore the limitation does not apply if the orderer lays claim concerning German Product Liability Act (§§ 1, 4 ProdHaftG). Product liability is excluded for commercial or institutional customers.

Unless otherwise agreed in writing our software must not be installed on devices with a safety, security or contingency risk (including server machines). At current state of the art we cannot rule out the possibility of defects or conflicts with other software completely. Full data backup is necessary before installation. The data backup needs to be up-to-date and available each time the software is run -- data of cell phones and other attached devices included.

§ 3 Other provisions

Free software is provided "as is" without warranty of any kind.

Notations in the software or enclosed files may be trademarks of respective owners.

§ 4 Applicable law

All agreements are governed by German law excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

§ 5 Severability clause

In the event of one of the above provisions being invalid, either in part or in full, or impracticable, the validity of the other provisions shall not be affected.