General licence agreement for Physical Software Solutions GmbH’s software products
Pfaffenkamer Straße 5 , 82541 Münsing, Germany.
As of February 1,2016.
1. Area of validity
This license agreement applies to the use of all software modules developed and distributed by Physical Software Solutions. We expressly retain the right to make changes and additions to this agreement. Conflicting license conditions will not become part of the contract.
2. Subject of the licence
All software modules are available to our clients on our download portal as well as the updates of these software modules are subject of the agreement.
Please note that it is not possible to create software in such a way that it always performs faultlessly in all applications and combinations.
The software is protected by copyright. The customer acknowledges that he is not entitled to any rights over and above those stipulated in these license agreement, but that they remain with the licensor. Any claim for publication of the source code is void.
4. Licence type
Physical Software Solutions only offers single user licences. These are bound to a computer and a user name. Single-user licences are thus defined by a physical hardware identifier (virtual machines are excluded) and a user ID. Individual arrangements (e.g. one computer, several users) are possible and subject of customer-specific offers.
5. Concession of rights of use
Within the scope of these provisions, the customer shall receive a non-exclusive, geographically unlimited right of use (licence) to the software module acquired, in the version delivered in conformity with the order.
We distinguish between rental and purchase licenses:
- The term of a rental license is one year from the date of receipt of the contract confirmation by the customer including download link and license key for the software.
- The term of a purchase license is unlimited, bound to the current version of the software at the time of the contract confirmation.
Further differences between rental and purchase licenses are listed in the following table.
|Licence type||Licence term||Upgrades 1)||Updates 2)|
|Rental licence||1 year||included||included|
|Purchase licence||unlimited||fee required||1st year included 3)|
1) An upgrade means an increase of the first and second number of the version number, for example 1.0.0 zu 1.1.0
2) An update means an increase of the third number of the version number, for example 1.9.22.
3) Updates and support for a purchased license as well as upgrades are guaranteed for a maximum of three years after purchasing the licence.
6. Transfer of licences
For rental licences
- Either the hardware ID or the user ID can be changed free of charge once a year for each single user licence. Changing both the hardware ID and user ID will induce a charge.
- In individual cases, further changes are possible at a charge after consultation.
For purchase licences
- Changing the hardware ID with the same user ID is possible for a fee.
- Changing the user ID with the same hardware ID and in particular when changing the hardware ID constitutes a new additional licence.
Cases covered by point 7.2 are excluded.
(1) The customer may not create any copies of the software or of software components. They may not distribute the software and software components commercially or grant sub-licenses for this purpose.
(2) With the use of purchase or rental licenses, the customer commits himself to the intended use of the software. In particular, the circumvention of license protection such as e. g.
- the use of the software in virtual machines (generic hardware identification)
- or the use of a single user license by several users (e. g. generic user ID) is prohibited, unless explicitly agreed otherwise.
(3) The customer may not change, remove or otherwise render unrecognizable the trademarks, version numbers or other features contained in the software.
(4) The customer is not entitled to transfer the software to third parties or pass it on to third parties. Likewise, the customer may not pass on any passwords or access codes for the software or database accesses connected with the software to third parties. If a third party is interested in the software, they may contact the licenser directly.
8. Liability for material defects
The licenser guarantees that, when used properly, the software includes the functionality described in the product description. The warranty does not cover any defects resulting from modifications, damages, improper or inappropriate use of the software or from the use of the software other than as stipulated in this license agreement. Improper use occurs in particular if the described installation process is not followed.
9. Final provisions
(1) The contract shall be governed exclusively by the law of the Federal Republic of Germany.
(2) The location of the licenser's headquarters is the place of fulfilment.