Doerpsoft software license
Translation to english. German Version binding.
Hauptstrasse 3 b,
sells programs for PCs that have been developed in-house via an Internet shop.
The parties agree that these programs enjoy copyright protection.
Both the installation software supplied by download and the application software resulting from the installation are referred to as software.
Granting of the right of use
Doerpsoft grants the buyer of the software (licensee) the following rights:
With the purchase of the software, the licensee acquires (both private and commercial buyers) the non-exclusive, unlimited right to use the software.
If the licensee is a private person (consumer), use is limited to one person's license: the Doerpsoft software can be installed on any number of computers belonging to the authorized licensee.
If the licensee is a commercial buyer (not a consumer), use is limited to a single computer license: the Doerpsoft software may only be installed on exactly one computer belonging to the authorized licensee.
The installation of the Doerpsoft software or the operation of the Doerpsoft software on computers that are not the property of the licensee is prohibited.
Right of withdrawal
Right of Withdrawal
Since DOERPSOFT sells its products exclusively via Internet download, the consumer's right of withdrawal from the purchase of the Doerpsoft software is excluded, since the software can be used and can therefore not be returned without leaving any residue. (BT-Drs. 14/2658, p. 44)
Right of withdrawal for commercial buyers
The right of withdrawal to DOERPSOFT Software is also expressly excluded for commercial buyers.
Transfer / sale / backup
If a computer belonging to the licensee with the installed Doerpsoft software is sold, the licensee's obligations with regard to the Doerpsoft software license are transferred to the recipient as the new licensee.
If the Doerpsoft software is handed over or sold to a third party, the licensee undertakes to completely give up the use of the program, to remove all installed copies from his computer and to delete all copies of the installation software on other data carriers.
If the software is subject to (re-) export restrictions, the licensee must observe these provisions in the event of a resale / other export.
The licensee undertakes to secure the Doerpsoft installation software as well as the installed Doerpsoft software against access by unauthorized third parties. He will take suitable measures for this.
DOERPSOFT guarantees the quality of the software and that the licensee can use the contractual software without infringing the rights of third parties.
The appropriate warranty does not apply to defects that are based on the fact that the DOERPSOFT software is used in a hardware and / or software environment that does not meet the system requirements and for which the software is therefore not expressly approved.
Terms and conditions of the licensee do not apply.
The exclusive place of jurisdiction is Munich.