KEY ORGANIZER Software License Agreement
Important - please read this software license agreement carefully.
The originator of this software (referred to hereinafter as "Aidex") shall only grant you a license for use of the KEY ORGANIZER Software (referred to hereinafter as "Software") if you agree with all terms and conditions of this license agreement (referred to hereinafter as "Agreement"). Please read this Agreement carefully before clicking the "I agree"-button at the bottom of this window. Please use the scrollbar on the right to read the entire Agreement. You can print the Agreement by clicking the "print"-button on the right. By clicking "I agree" you agree with all terms and conditions of the Agreement. If you do not want to be bound by the Agreement or if you do not agree with all conditions of the Agreement please quit this Software and return the Software to your seller in its original packaging and accompanied by a valid proof of purchase within thirty (30) days of purchase. Aidex will then arrange for a refund of the full purchase price. By using the Software you agree to all terms and conditions of this Agreement. The program and the documentation/instructions are protected by copyright. Copying or using the Software outside the scope covered by this license is forbidden and is an infringement of this license and the copyright. In the case of an infringement of this stipulation you are obliged to compensate Aidex for the loss incurred.
1. Grant of Rights
The Aidex GmbH (referred to hereinafter as "Aidex") grants you a single, non-transferable license for use of this computer program (referred to hereinafter as "Software") and the accompanying documentation on the computer you own or on the workstation you operate according to the following terms and conditions. This Agreement grants any registered user of the Software to install and use one copy of the Software on a single computer in one location. Network use: If this Software is a network version you may only access the Software by one internal local area network (LAN).
Backup Copy: Independently of the Software version, this license does only permit the making of a single backup copy of the Software. The backup copy may not be installed on another computer, except for a separate disk drive that can only be accessed by the authorized user. The backup copy may in no case be installed or used as long as another copy of the Software is installed on any other computer.
Additional installation: You are entitled to create a second copy of the Software on the hard disk of a second computer on the condition that the original copy and the second copy are used by the same person and provided that each time only one Software copy is used.
You may not
1. copy or use the Software or the documentation unless such activity is permitted by this license;
2. distribute, lease out, lend, sell, license or in any other way transfer completely or partly the Software, documentation or rights granted to third parties by this license without prior written permission by Aidex;
3. remove, modify or obliterate indications of property rights, labels, signs or other markings on or in the Software or the documentation;
4. create objects deriving from this Software or the documentation or modify, translate, adapt, arrange the Software or documentation for any purpose.
3. Intellectual Property
Aidex retains title to and ownership in the copyright of the Software, the documentation and any associated material, including all copies of the Software made by you. You agree not to copy the Software or the documentation and to comply with above-mentioned limitations. Upon non-observance of above-mentioned limitations this license for use shall terminate immediately and automatically. You agree that this Agreement does not grant you any intellectual property rights with regard to the Software, the documentation or any associated material.
4. Limited Warranty
Aidex warrants that the Software substantially conforms to its published program specifications and contains the possibilities and functions described therein and that the media on which the Software is furnished will be free of defects in materials and workmanship under normal use. Excluding any other warranty, Aidex’ entire liability shall be, within a period of six (6) moths from transfer of the program package, either
(a) repair of the program within an appropriate period of time or
(b) replacement of your copy or the data carrier by a functionally equal program or
(c) return the price paid against return of the product, which shall terminate the license.
There are no other warranties respecting the Software or documentation. There are no warranties as to performance of merchantability or any other warranties whether expressed or implied. The user must assume the entire risk of choosing, installing and using the program as well as of the results intended to achieve with the program. Aidex shall not warrant the uninterrupted or faultless operation of the program or the suitability of the program for a particular purpose.
5. Exclusion of Liability
Administration Software for master key systems and keys and other technical Software is intended to be used as administrative support and does not replace an independent inspection of the products’ use, security and suitability for use. Due to the extensive variety of this Software’s possible applications, not all possible applications of the Software have been tested. The use of the Software does not replace an expert’s assessment. Aidex shall in no event be liable for the results arising out of the use or inability to use the Software. The users of the Software are responsible for the supervision, application and control of the Software. This responsibility includes the determination of the field of application of the Software and the selection of the Software and other programs to produce the intended results.
6. Limitation of Liability
Damage claims against Aidex are excluded irrespective of legal basis, particularly on grounds of delayed performance or impossibility, neglect of advisory and accessory contractual obligations, pre-contractual duties, defective performance, violation of third-party industrial property rights and unlawful acts, unless Aidex has acted with intent or gross negligence or unless the damage claims result from the failure to ensure a warranted quality. Aidex is liable to the same extent for breaches of duty that are of essential importance for achieving the purpose of the Agreement caused by slight negligence by one of its legal representatives or senior employees. Insofar as grounds for liability on the part of Aidex exist, the damage claim shall be limited to the extent of the foreseeable damage. Compensation for consequential damage such as loss of profit is excluded in all cases. This damage limitation clause shall not apply if the event giving rise to the damage was caused with intent or gross negligence by Aidex. All damage claims against Aidex shall expire by limitation six (6) months after the receipt of the Software. This does not apply to claims based on unlawful acts. These provisions do not apply to claims based on product liability legislation.
7. Final Provisions
A. This license will terminate immediately without notice from Aidex if the licensee files a bankruptcy petition, proposes an arrangement to its creditors or goes into liquidation.
B. Claims arising under this Agreement shall be governed by the laws of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods of 1980. This is the entire Agreement between licenser and licensee and it supersedes any other representations, discussions, undertakings, communications or advertising relating to the Software and the documentation. In case of questions please contact Aidex or your KEY ORGANIZER dealer.
C. If any of the above paragraphs is or becomes invalid, this shall not affect the validity of the rest of this Agreement. In this case, the invalid or unenforceable provision shall be replaced where possible by a legitimate provision with an equivalent commercial intent.
Full name and address of the originator and licenser:
Aidex GmbH, Wiedenbrücker Str. 8, Lippstadt 59555, Germany
Date: May 19, 2015