Please read this Software License Agreement (“Agreement”) carefully before purchasing, installing, and using the Software on your computer. By using the Software, you expressly agree to the following license terms.
§ 1 Subject matter of the contract, scope of application
- Indigobird, Wettingen (“Licensor”) shall provide the Customer (“Licensee”) with Software (ClipBird) for use in accordance with this Agreement in exchange for payment of a fee (“License Fee”). All other rights to the Software shall remain in full with the Licensor.
- By downloading and/or installing and/or using the Software, the User/Buyer (Licensee) agrees to the terms of this Software License Agreement and the General Terms and Conditions and accepts them without limitation. This Software License Agreement is a legal agreement between the user/buyer (as a natural or legal person, licensee) and Indigobird (licensor), the manufacturer of the Software.
§ 2 Copyright
- The software is protected by copyright in accordance with the provisions on the protection of computer programs. The buyer expressly acknowledges the above-mentioned protection. The copyright covers in particular the program code, the documentation, the appearance of the software, the design of the user interface and the input and output masks and printouts, content, structure and organization of the program files, the program name, logos and other forms of representation within the software. All rights resulting from the copyright are entitled to the licenser as manufacturer.
- Any unauthorized reproduction, use, transmission, modification or reproduction of the contents of the software is prohibited. A use, also of parts, outside of this license agreement and the usually intended purpose of the software is expressly not permitted. The software is to be treated like any other copyrighted material. Other parts of the software, e.g. included designs, templates, templates may only be used in conjunction with the software and are also subject to these provisions.
- If trade secrets are disclosed to the licensee during the use of his license, he undertakes to maintain these secrets for an unlimited period of time. In particular, the licensee undertakes to keep software and documentation secret and not to disclose them to third parties, either in whole or in part, or to pass them on to third parties.
- Copyright notices, serial numbers and other features serving to identify the program may under no circumstances be removed or changed.
- For each case of violation of one of the provisions regulated in paragraphs 2 and 3, the licensee promises the licensor a contractual penalty of EUR 10,000 (CHF 12,000), excluding the plea of a continuation connection. In addition, the Licensor is entitled to terminate this License Agreement for good cause if the Licensee seriously disregards its copyrights to the Software. Upon receipt of the termination, all rights of use of the user expire. The software must be returned and all existing copies of the software must be destroyed.
§ 3 Rights of Use and License Fees
The following agreements shall apply to the granting of rights of use to the software:
a) Scope of the licence
- With the complete and unconditional payment of the license fee, the licensee receives a simple, non-exclusive right to use the software and the associated documentation for his own purposes for a limited period of time (1 year).
- All data processing devices (e.g. hard disks and central processing units) to which the Software is copied in whole or in part, temporarily or permanently, are located in the Licensee’s premises or on devices (e.g. PCs) and are directly owned and controlled by the Licensee.
b) Multi-user licenses
- The purchase of a license includes the installation of the program on the number of workstations intended for the respective edition (computer-bound license).
Personal Edition = 3 computers
Team Edition = 10 computers
The use of the program in networks by several users or on several single computers is only permitted if the number of accesses is limited to the number of licenses purchased according to the invoice.
- The Licensee may reproduce the Software to the extent necessary for the use of the Software. The necessary duplications include the installation of the software from the original data carrier onto the hard disk of the hardware used as well as the loading of the software into the working memory.
- Other reproductions (including the output of the program code and the contents of the databases on a printer and the printing and photocopying of the program description) are not permitted.
d) Multiple uses
- The licensee must deactivate the software from the hard disk of the previously used hardware when changing the data processing device. The software is activated with the aid of the hardware components of the computer used. If basic components (e.g. motherboard) are replaced, the software may no longer be usable. In such cases, the licensee must contact the licensor.
e) Passing on
- The licensee may not pass on the software and the associated documentation to third parties, neither free of charge nor against payment.
- The purchaser may not rent, lease or lease the software or make it available for ASP (application service providing) use without the prior written consent of the licensor.
f) Decompilation and programme modifications
- Re-translations of the provided program code (source code) of the software into other code (decompilation) and other types of reverse engineering of the various production stages of the software and/or changes to the program code are expressly prohibited.
- Translation, editing, arrangement and other reworking of the software as well as parts thereof and the reproduction of the results obtained thereby are only permitted insofar as this is necessary for the use of the software by the licensee.
- The user is not entitled to make changes or interventions in the software himself or by third parties, not even to eliminate possible program errors.
§ 4 Warranty/ Liability for Software Defects
According to the state of the art it is not possible to develop complex software products which are completely free of errors and work in all applications and combinations especially with different hardware components at any time without errors. The agreed quality of the software provided by the Licensor is therefore not aimed at ensuring that no program errors may occur or that the software can be used for any conceivable application, but only that the software does not contain any program errors that more than insignificantly impair the intended usability. The licensor is liable for ensuring that the software complies with the performance description.
- The licensor guarantees for a period of 12 months from the day of delivery that the software delivered by him is essentially free of material and manufacturing defects and essentially works according to the accompanying product manual. The warranty is limited to these services.
- The licensee has to examine the delivered goods immediately after their delivery for possible defects. Possible defects are to be documented beyond that meaningful, in particular under logging of indicated error messages. The licensee is obliged to carry out a problem analysis and troubleshooting according to the user manual before reporting the defect. The notification period for defects that were identifiable during the careful inspection required for the type of goods shall not exceed one week. Other defects must be reported immediately after their discovery.
- Insofar as a properly made notice of defects is justified, the Licensee may withdraw from the license agreement after consultation with the Licensor. In this case, the license fee will be refunded pro rata temporis. The Licensee shall support the Licensor to the best of its ability in the event of a possible remedy of defects. The Licensor may refuse to withdraw from the License Agreement if the defects do not lead to a significant restriction of the functionality.
§ 5 Liability
- The Licensor shall only be liable for damages if he or one of his vicarious agents has violated an essential contractual obligation (cardinal obligation) in a manner endangering the purpose of the contract or if the damage is attributable to gross negligence or intent on the part of the Licensor or his vicarious agents. The licensor’s liability is limited to the purchase price of the software. The Licensor shall not be liable for any further claims of the Licensee, in particular claims for damages including loss of profit or other financial losses of the Licensee.
- The Licensor shall not be liable for loss of data. No liability is assumed that the software is suitable for the purposes of the buyer and that it cooperates with the buyer’s existing software and hardware.
- The liability of the licensor in the case of a use contrary to contract by the licensee is excluded.
- The licenser is not liable for damages, if and as far as the user could have prevented their occurrence by reasonable measures – especially program and data backup.
§ 6 Miscellaneous
- The place of jurisdiction for all disputes arising in commercial dealings from the contractual relationship, including cheque, bill of exchange and documentary proceedings, shall be the registered office of the licensor. The licensor may also take legal action against the licensee at his place of business.
- Unless otherwise provided in this Software License Agreement, Licensee may not assign any rights under this Agreement or the Agreement as a whole to any third party without Licensor’s express written consent.
- No collateral agreements have been made. Changes to this software license agreement must be made in writing. The same applies to the cancellation of the text form clause.
- In the event that provisions of this license agreement are or become invalid in whole or in part, this shall not affect the validity of the remainder of the license agreement.