9.5.2

including copies stored on a computer and that the other person agrees that the terms of this agreement remain valid and
that his acceptance is communicated to the Licensor.
(2) You are obliged to carefully store the terms of the agreement. Prior to the transfer of the Software you should inform
the new user of these terms. In the case that the new user does not have the terms at hand at the time of the transfer of
the Software, he is obliged to request a second copy from the Licensor, the cost of which is born by the new licensee.
(3) After transfer of this license to another user you no longer have a license to use the Software.
5. Updates
If the Software is an update to a previous version of the Software, you must possess a valid licence to such previous
version in order to use the update. You may continue to use the previous version of the Software only to help the
transition to and the installation of the update. After 90 days from the receipt of the update your licence for the previous
version of the Software expires and you are no longer permitted to use the previous version of the Software, except as
necessary to install the update.
6. Recompilation and changes of the Software
(1) The recompilation of the provided program code into other code forms as well as all other types of reverse engineering
of the different phases of Software production including any alterations of the Software are strictly not allowed.
(2) The removal of the security against copy or similar safety system is only permitted if a faultless performance of the
Software is impaired or hindered by such security. The burden of proof for the fact that the performance of the program
is impaired or hindered by the security device rests with the User.
(3) Copyright notices, serial numbers or other identications of the Software may not be removed or changed. The
Software is owned by the Licensor and its structure, organization and code are the valuable trade secrets of the Licensor.
It is also protected by United States Copyright and International Treaty provisions. Except as stated above, this agreement
does not grant you any intellectual property rights on the Software.
7. Limited warranty
(1) The parties to this agreement hereby agree that at present it is not possible to develop and produce software
in such a way that it is t for any conditions of use without problems. The Licensor warrants that the Software will
perform substantially in accordance with the documentation. The Licensor does not warrant that the Software and the
documentation comply with certain requirements and purposes of the User or works together with other software used
by the licensee. You are obliged to check the Software and the documentation carefully immediately upon receipt and
inform the Licensor in writing of apparent defects 14 days after receipt. Latent defects have to be communicated in
the same manner immediately after their discovery. Otherwise the Software and documentation are considered to be
faultless. The defects, in particular the symptoms that occurred, are to be described in detail in as much as you are able to
do so. The warranty is granted for a period of 6 months from delivery of the Software (for the date of which the date of
the purchase according to the invoice is decisive). The Licensor is free to cure the defects by free repair or provision of a
faultless update.
(2) The Licensor and its suppliers do not and cannot warrant the performance and the results you may obtain by using
the Software or documentation. The foregoing states the sole and exclusive remedies for the Licensor’s or its suppliers’
breach of warranty, except for the foregoing limited warranty. The Licensor and its suppliers make no warranties, express
or implied, as to noninfringement of third party rights, merchantability, or tness for any particular purpose. In no event
will the Licensor or its suppliers be liable for any consequential, incidental or special damages, including any lost prots or
lost savings, even if a representative of the Licensor has been advised of the possibility of such damages or for any claim
by any third party.
(3) Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or
the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may
not apply to you. In this case a special limited warranty is attached as exhibit to this agreement, which becomes part of
this agreement. To the extent permissible, any implied warranties are limited to 6 months. This warranty gives you specic
legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction. In the case that no
special warranty is attached to your contract please contact the Licensor for further warranty information.