nimbu Software GmbH - in the following referred to as "Licensor" -
and
the buyer of the software nimbu - in the following "Licensee" -
§ 1 Subject of the agreement
The subject matter of this agreement is the nimbu program in the Core, Extended and Professional editions, the corresponding user manual or documentation, the data carrier, a USB stick for software license, and the installation routines. These objects and documents are hereinafter referred to as "software".
§ 2 Copyright protection
The licensee only receives ownership of the data carrier and USB stick for software license. The Licensee acknowledges that the Software is a protectable computer program within the meaning of § 2 para. 1 no. 1, § 69 a UrhG (German Copyright Act) and that the Licensor is the author within the meaning of §§ 7, 69 b UrhG. The Steinberg ASIO SDK Licensing Agreement was signed by the Licensor in order to include ASIO®-compatible drivers in the software. The Licensee acknowledges that Steinberg Media Technologies GmbH is the author of the ASIO SDK in the above sense.
§ 3 Scope of use
The licensor grants the licensee for the duration of this contract the simple, non-exclusive and personal right, hereinafter also referred to as "license", to use the software on one computer. The Software is in use when it is loaded into the main memory (RAM). The Licensee acknowledges that the Software has been made available to him/her exclusively for private use or for use in the Licensee's own business. Any further use is not permitted.
§ 4 Specific restrictions
The licensee is prohibited from modifying, translating or creating derivative works from the Software. The licensee is not entitled to reverse engineer, decompile or disassemble the software or otherwise attempt to make the source code of the software accessible. The Licensee acknowledges that the Software is copy-protected and that the parallel operation of systems for software development or of systems that enable an analysis of the internal structure of the Software in the sense of reverse engineering is not possible on his PC with this Software. A claim to the release of the source code is excluded.
§ 5 Ownership of rights
The licensee receives the right of use agreed in this license agreement. The acquisition of further rights to the software is excluded. In particular, the licensor reserves all publication, reproduction, processing and exploitation rights to the software.
§ 6 Reproduction
The software is protected by copyright. The licensee is only permitted to make three copies of the software on his private computers or on computers in the licensee's own business. It is expressly forbidden to transfer or reproduce the software and in particular the documentation in whole or in part in original or modified form to other systems.
§ 7 Transfer of user rights
The right to use the software can only be transferred to a third party under the terms of this agreement.
§ 8 Contract period
The agreement runs for an unlimited period of time; however, the right of the licensee to use the software expires - even without termination - if the licensee violates a condition of this agreement. Upon termination of the right of use, the Licensee is obliged to delete all copies of the Software and to return the USB license stick to the Licensor.
§ 9 Changes and Updates
The licensor is entitled to create updates of the software at his own discretion. The licensee has no right of execution or non-execution of a change or update.
§ 10 Liability
a) According to the current state of the art, the occurrence of program errors cannot be excluded in software. This applies in particular if, as in the case of this software, all windows can be opened in parallel with a large number of parameters, so that it is not economically feasible to test all combinations. The subject of the contract is therefore a software which is basically usable in the sense of the operating instructions.
b) The licensor is entitled to create updates of the software at his own discretion. In particular, Licensor does not warrant that the Software will meet the requirements and purposes of Licensee or that it will work together with other programs selected by Licensee. The responsibility for the correct selection and the consequences of the use of the Software and the results intended or achieved with it lies with the Licensee. The same applies to the material accompanying the Software, including the documentation. If the Software is fundamentally unusable as defined in a), the Licensee shall have the right to cancel the Agreement. The Licensor shall have the same right if the production of software that cannot be used in the sense of a) is not possible with reasonable effort.
c) The licenser is not liable for any damages resulting from the use of this software or the inability to use this software, even if the licenser has been informed of the possibility of such damages. Unlimited excluded from liability are damages from loss of profit, interruption of business, loss of private and business information or data or from other financial loss. This does not apply if liability is mandatory due to intent or gross negligence.
§ 11 Place of jurisdiction
The law and the laws of the Federal Republic of Germany apply to this contract. The sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is, as far as legally permissible, Ahrensburg.
§ 12 Final provisions
If individual provisions of this license agreement are invalid, the remaining provisions shall remain effective. In place of the invalid provision, a valid provision that comes as close as possible to its economic purpose shall be deemed agreed.
Addition to § 2 ASIO is a registered trademark of Steinberg Media Technologies GmbH
License Agreementof nimbu Software GmbH