Release 1.0 - 09/17/2003
Acronnect® Software Thomas Klaube (hereafter referred to as licensor) holds all rights regarding the software Acronnect® ImageEngine (hereafter referred to as Software).
The software as well as its documentation are legally protected by intellectual copyright law and other laws. The licensor reserves these rights for himself explicitly, as long as they are not limited by the following license conditions.
By downloading, copying or installing this software, you, as licensee, accept all terms of the following contract without qualification.
§ 1 Subject of the license
1.1 The subject of the license is the Acronnect® ImageEngine software. It is a Plug-In for the software Adobe® Acrobat®" which must be purchased separately. ImageEngine extends Adobe® Acrobat®" to features that allow the ex- and import of pictures.
Use of ImageEngine is not possible without the software Adobe® Acrobat®".
1.2 Enclosed with this software is a documentation in electronic format.
1.3 The minimum software requirements for the installation of the software are:
Operating system Mac OS 9.2 or Mac OS X 10.2
Adobe Acrobat® 5, Adobe® Acrobat® 6 Standard or Adobe® Acrobat® 6 Professional
Power Macintosh G3/233, 128 MB working memory, 1 MB free hard disk memory
§ 2 General extent of use
2.1. The licensor grants the licensee the right of use regarding this software. The extent of this right of use results from the content of this licensing agreement only. Rights of user and utilization rights that exceed the use of the received software will not be assigned. It is forbidden to change, process, translate, de-compile or disassemble the software in any way, to include it with another product, to rent it or to provide it for leasing.
2.2 You are obliged to ensure that everyone who uses the software receives and observes this licensing agreement.
2.3 The software has been used if it is located in the central memory or on a storage medium of a computer. A programme that has only been filed for data protection or backup reasons on the computers storage medium is considered unused.
§ 3 Extend of use without chargeable activation
3.1 Without a special release of the software according to §4 of this contract you are authorized to use the contract software for demonstration purposes, to copy it or to provide it to third parties (demo-license) as you wish. For security reasons the software is protected by a safety lock mechanism which prevents unlimited use of the software.
3.2 Publication of the software on CD-ROM, in the Internet, in journals, magazines or other public media / media will only be allowed after consulting the licensor.
3.3 The transmittal of this software for demonstration purposes is only allowed in connection with the documentation provided and with this licensing agreement.
§ 4 Activation of the software/ Full license
4.1 By filling in and sending an application for the issuing of a registration key you provide an offer for the completion of a full license. A full-license-contract will only be valid after the acceptance of the offer by the licensor, and is expressed by sending an individual registration key to you. The licensor is not obliged to accept.
4.2 By receiving the registration key you obtain the right to use the software with no restrictions at the number of computer work stations you purchased a license for. Each additional use requires an additional full license. The option to use the software functions without any restrictions is obtained by the software release with the registration key.
4.3 With the purchase of several full licenses you oblige yourself to ensure that the number of licensed computer work stations will be maintained. For additional use a further licensing according to § 4.1 of this contract will be required.
4.4 It is prohibited to sublicense (additional usufruct) this full license to third parties. It is especially forbidden in that context to provide the registration key in any way by itself or in combination with the software to a third party.
4.5 Commercial resale of full licenses without written permission from the licensor is prohibited.
5.1 By sending the application for the issuing of the registration key according to § 4.1 of this contract the licensee obliges himself to pay a non-recurring license-fee.
5.2 The amount of the license fee depends on the number of licensed computer work stations and is based on the current price list of the licensor that the licensee accepted by submitting the application.
5.3 Incurring license fees will not be refunded in case one or more computer work stations is no longer needed.
5.4 All rights from this contract remain the sole property of the licensor until the complete payment of the incurring license fees.
6.1 Support services or updates of the software are not included in this contract and will be offered only voluntarily.
6.2 To ensure possible support services and / or updates it is necessary to announce possible changes regarding the person of the licensee to the licensor immediately.
7.1 The software was developed according to the state of technology and aims to provide all functions included in the product definition. Special characteristics cannot be guaranteed for this software.
7.2 There is no possibility for liability- or warranty-claims regarding the software provided free of charge according to §3 of this contract.
7.3 The licensor accepts no warranty or liability regarding possible lack of functions or damages that may occur if the license combines this software with your own software or changes it. In this case the licensee accepts full responsibility for any change of this software.
7.4 Other warranty- or liability claims are limited to grossly negligent or premeditated actions of the licensor as well as to typical damages that may be expected within the framework of such software when used properly.
7.5 The licensor does not accept liability regarding damages or consequential damages as a result of lost data, incorrect data input or unavailability of the contract software because of a breakdown of computers, programmes, lines or technical equipment as long as there is not grossly negligent or premeditated violation of contract duties on his part.
7.6 The extent of liability of the licensor is limited to twice the particular license fee according to §5 of this contract. This limitation of liability does not apply to damages because of premeditation, gross negligence or the lack of guaranteed characteristics or to direct personal or material damages.
7.8 The licensee bears the burden of proof regarding the occurrence of missing aspects of the software.
§ 8 Infringement of contract
8.1 In case of severe violations of this licensing agreement, the licensor explicitly reserves the right to assert claims for compensation as well as for prosecution of the violating act.
8.2 In case the registration key has been passed on to a third party without permission or of unauthorized use of the software without adequate licensing according to § 4 of this contract, you are obliged to pay the sum of three times the license fee according to § 5 of the contract as compensation. The assertion of further claims for compensation remains unaffected by this.
The licensor investigates, processes and uses personal data only as far as this is necessary for the justification, execution and change of his contract-relationship with the licensee. Personal data regarding contract-related services are only investigated by the licensor to enable these services and to charge for them. The data of the licensee will not be passed on to any third person or party. After the termination of this contract the data of the licensee will be deleted, as long has he has not agreed explicitly to the further processing and use of the data. In that case the licensee may instruct the licensor to provide, change or delete the stored data. The licensee may withdraw his agreement at any time.
10.1 Changes of and additions to this contract must be written to be valid. Collateral covenants have not been made.
10.2 The invalidity of single clauses of this contract does not affect the validity of the other clauses. The parties oblige themselves to replace the invalid clause with a valid agreement, where economic success comes as close as possible to the success intended by the invalid one.
10.3 Only German law applies. In case the licensee is a business person the parties agree on Ilmenau as the court of jurisdiction.