1.1 We, Cherry GmbH, Auerbach i. d. OPf., Germany, grant you free, non-exclusive, unlimited user rights to the enclosed software and user manual subject to the following license conditions.
1.2 You are entitled to install and use the software at the same time as the CHERRY product it is intended for. As a precaution, you may create a backup copy, if and when necessary, in order to safeguard future use of the software.
1.3 With the exception of legally permitted cases as defined by § 69e UrhG [German Copyright Act], you may not change, reverse engineer, develop, translate or decompile the software, nor convert it into any other generally readable form by any other means. Furthermore, you may not make the software publicly available on the Internet or through any similar media.
All copyrights covering or concerning inventions and technical trademark rights, plus the exclusive rights of use to the software, remain with us without restriction. As a licensed user, you shall not be entitled to any rights to the software other than the basic user rights as defined in Clause 1. The software may only be distributed in accordance with Clause 3 below.
3.1 You may transfer the software and user rights granted to you under Clause 1 only to the extent permitted by us and only in the original condition and as a whole, together with a copy of the License Agreement. Furthermore, the software may only be transferred if the recipient has fully read, understood and accepted the license terms, which you must be able to demonstrate in case of doubt. Copies and partial copies of software, or any other edited version of the software, even where permitted under § 69e UrhG, may not be transferred.
3.2 You may only transfer the basic user rights to the software as defined under Clause 1 in entirety and after completely and definitively relinquishing your own use of the software. In this case, you are obliged to immediately uninstall and fully and permanently delete all your existing copies of the software, including working and backup copies and any edited versions.
3.3 Furthermore, you may not keep a copy of the software user manual. Any unauthorized reproduction and distribution and public dissemination of the software or the user manual, including extracts thereof, via the Internet or similar media, is expressly forbidden and is subject to compensation for damages. We reserve the express right to initiate criminal and civil proceedings in the event of any unauthorized reproduction and distribution.
4.1 Note that in accordance with the current state of technology, it is not possible to develop software that will work faultlessly in all applications and combinations, in particular in conjunction with different hardware components. The software is only intended for use in the system, hardware, software and network environment stated in the product description, and only for the purpose stated in the product description. We therefore provide no guarantee that the software will be able to run without errors or faults in a system, hardware, software or network environment other than that specified in the product description or for a purpose other than that specified in the product description. We also provide no guarantee that the software will be able to work with, or be compatible with, other software on your system, be interoperable with existing hardware or software or be suitable for your specific purposes. You alone are responsible for the installation, selection and use of the software. The performance data or software descriptions in no way constitute a guarantee, even where they refer to DIN and/or other standards.
4.2 If the software becomes defective despite proper use, and said defects negate or significantly reduce the efficiency of the software, you should inform us about this fact immediately. The error must be described as precisely as possible in the error report. This includes the steps carried out before the error occurred, error messages, the effects of the error, and the input and output situation. We will decide how to resolve the error. This may include fixing the error, providing a replacement delivery, or delivery of a more recent version of the software. Other statutory rights are not affected. Our warranty becomes void if changes of any kind have been made to the software by you or by unauthorized third parties without our express written permission.
5.1 We shall be liable only for willful or gross negligence. We shall only be liable for normal negligence on acceptance of a guarantee and on violation of key obligations of this License Agreement which are necessary for the performance of this Agreement and without which implementation of the Agreement would not be possible. This liability shall, however, be limited to foreseeable damages typical to the Agreement resulting from circumstances that we were aware of at the time of concluding the Agreement.
5.2 We shall not be liable for subsequent damages of any kind, be these relating to your hardware, system, network components or other software installed on your computer, or to unforeseeable damages or those occurring within your area of responsibility. Claims for damages for the loss of saved data are excluded if such loss would have been prevented if data had been backed up properly at adequate intervals, and at least once a day.
5.3 The limitations of liability do not apply in cases of liability under the Produkthaftungsgesetz [German Product Liability Act] or for fatal injury, or trauma to body or health.
5.4 Objections to your contributory negligence, for example in the case of irregular data backup or losses incurred within your area of responsibility, are not affected.
If you violate a key term of this Agreement, in particular Clauses 1, 2 or 3, we may terminate the License Agreement without notice. You are not permitted to use the product after such termination. All copies of the software that exist on your computer or on any mobile data carriers such as external hard drives, USB sticks or CD-ROMs, saved copies including any working copies or backups, and any copies of the documentation supplied must be fully and permanently deleted or destroyed, or sent back to us.
The law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, shall apply to all legal matters between you and us resulting from this License Agreement.