Licence agreement
[ Please read and accept the EULA - find the download links at the bottom of this page. ]
Licence agreement (EULA contract) of
A.N. Solutions GmbH
Am Brauhaus 12
01099 Dresden
Germany
Date: 10/01/2010
Hereinafter: the licenser
I. Object of the contract
The object of this contract is the Smart MAC Suite ("SMS") development software recorded on a data
medium or made available for downloading, along with the auxiliary programs, program libraries,
scripts, sample files, program description, operating instructions and other associated written material,
hereinafter referred to as "SMS". In addition, this licence agreement regulates the licensing of the SMS
product family and all associated modules in machine-readable form. The SMS is not sold, but
licensed for utilisation purposes.
II. Scope of the contract
Within the framework of this contract, the licenser grants the licensee a non-exclusive and nontransferable
licence for the utilisation of the SMS software in machine-readable form, taking into
account all contractual clauses during the contract period as agreed upon.
The right of utilisation includes the operation of the SMS software only on A.N. Solutions system
platforms.
III. Special restrictions
The SMS software is protected by copyright laws and by both international and European copyright
contracts and conventions, as well as by all the relevant laws and agreements regarding intellectual
property.
All legal claims, ownership rights and intellectual property rights to the SMS software, as well as all
copies thereof, remain the exclusive property of the licenser. This also applies to all titles, computer
codes, dialogues, concepts and all associated documentation. Some code libraries require separate
licensing by the relevant copyright holder, which will be arranged for copyright purposes in each
individual case by adding an original licence to the specific code libraries. The intellectual property
rights to these code libraries are exclusively reserved by their various authors.
The licensee may not apply, use or copy the SMS software in any way other than that set out in this
licence agreement. The licensee is not permitted to hand over the SMS software or the associated
written material to a third party or to lease, lend out, cede, transfer, copy or make it available to a third
party, to amend, decode, reconvert, decompile or disassemble the SMS, to copy the written material
or to amend it, or to use the written material to compile other documentation. An exception to the
above is constituted by copies made available to third parties for the purposes of editing, configuration,
redesign or adaptation. The licensee is liable for any violations of this agreement.
Any forwarding of the SMS software or parts thereof to a third party for editing purposes will result in
the full liability risk in the event of a violation of this licence agreement.
By purchasing the SMS software, the licensee is only authorised to utilise it on A.N. Solutions
platforms and further developments based on such platforms. Utilisation on third-party platforms is
prohibited, unless other contractual arrangements have been separately entered into.
The licensee is explicitly prohibited from selling the software to third parties, unless a prior written
agreement to the contrary has been concluded with the licenser.
IV. Copying restriction
The SMS software and all files obtained by downloading are copyright-protected. The SMS software
may only be used by the licensee, irrespective of the actual number of original copies made by the
licensee or persons tasked by him with the project. This also applies to parts of the program, unless
these are code libraries, as set out in Clause III above.
V. Contract period and termination
The licence agreement becomes effective on the date of receipt and/or purchase of the SMS software
and is concluded for an indefinite period.
This licence agreement includes all updates, bug fixes and service packs for the SMS software
released for the product variant in question, free of charge within the first 12 months after purchasing
the licence. The free update option for the SMS Pro software expires after 12 months. An option exists
to conclude a software maintenance contract to extend the update period for a further 12 months. Free
upgrade options for subsequently released versions or expansions have explicitly not been agreed
upon.
The licensee will only acquire the utilisation rights described in this contract once full payment has
been made. Until full payment has been made, ownership of the SMS software is vested in the
licenser. Both parties will continue to be entitled to cancel this contract for an important reason.
This licence agreement will lapse, however, as soon as the licensee violates one of these clauses or
conditions. In the event of a violation of the abovementioned clauses or conditions, the licensee will be
obliged to ensure that any copies made are destroyed without delay. The liability and guarantee
restrictions as set out below will, however, remain unaffected. As already indicated in Clause III, the
code libraries there are exempt from the above.
VI. Guarantee provisions
The SMS software must be individually configured. As the installation, implementation and operation
of such software requires specific knowledge and qualifications, the licenser does not provide any
guarantee with regard to defects that might occur. It is not possible to make full use of the SMS
software without further configuration and adaptation to the required purpose, e.g. use of the
application examples.
The functional scope of the SMS software is only ensured by the licenser within the framework of the
application examples provided. Separate service contracts may be concluded for functional validation
of additional application examples.
VII. Liability
Full, unlimited liability transfers to the person who has installed and makes use of the SMS software
once it has been installed and used. The software may be installed by the licenser or by a company
appointed by the licenser or accredited by the licenser as a service partner at the explicit wish of the
licensee to ensure problem-free installation and function. The current hourly service rates apply and
may be obtained from the licenser.
The licenser cannot be held liable in the event that the software should fail to function with a third-party
system, irrespective of the software and hardware platforms used. In addition, no guarantee can be
given for the function, design or other characteristics of products offered by third-party suppliers.
In as far as implemented interfaces offered by third-party suppliers of such systems are concerned,
such interfaces should only facilitate data exchange and data transfer in accordance with the
specifications of the various service providers, such that any liability is hereby excluded.
The scope and sphere of responsibility of the licenser explicitly does not include any functions handled
by partners, such that any liability of the licenser in this regard is hereby also excluded. Liability for
data losses is limited to the typical restoration effort that would have been required, had back-up
copies been made at regular intervals in accordance with the risks involved.
VIII. Contractual penalty
Where the licensee has violated any aspect of this licence agreement, a contractual penalty to the
amount of EUR 50,000.00 per individual violation will be payable to the licenser.
IX. Miscellaneous
The installation of the SMS software and the associated consulting or training services are not covered
by this contract. A separate agreement in this regard may be entered into with the licenser at the
licensee's request. The release of updates and their technical and content design, as well as the
scheduling thereof, are the sole prerogative of the licenser.
The licensee has no right to any further development of the SMS software. Further development and
maintenance of the software is at the sole discretion of the licenser.
X. Applicable law, place of fulfilment and jurisdiction
The laws of the Federal Republic of Germany will apply exclusively to any disputes arising from this
contract. Exclusive place of fulfilment and jurisdiction is Dresden, Germany, provided that the licensee
is a registered trader. The UN Convention on Contracts for the International Sale of Goods is hereby
explicitly excluded.
XI. Final clauses
This licence agreement is conclusive. It replaces any other notification or statement made in
advertising material with reference to the SMS software and documentation. No verbal secondary
agreements have been entered into. Any amendments and additions must be in writing.
Where one or several clauses of this licence agreement are or become ineffective, the effectiveness of
the remaining clauses of this agreement will not be affected. The invalid clause is to be replaced by an
effective clause that most closely approximates the legal and economic intent of the contractual
parties.
Yes, I accept the Licence Agreement and want to Download SMS Base Software (8.6 MB) for the @ANY product platform.
Yes, I accept the Licence Agreement and want to Download the full Development Kit CD including SMS Base Software (504.5 MB) for the @ANY product platform.
