1 SUBJECT
Subject of this agreement are the conditions based on which the CUSTOMER can use the QR Stream Series software products (hereinafter called the "Software") of CSK.
2 DEFINITIONS
2.1 "Software" is referred to as license programs in machine-readable form coming from CSK or a third party and on which CSK grants a license based on the provisions of this contract.
2.2 "Documentation" is referred to as handbooks etc., which are given to the customer in printed or electronic form.
2.3 "License material" is referred to as software, documentation and media on which these are delivered.
3 CONTENT AND EXTENT OF THE LICENSE
3.1 CSK grants the customer the non-exclusive, non-transferable right to use the software for a number of users the customer has acquired license rights.
3.2 The right to use the software begins with the day of installation and is valid subject to payment of the license fee.
3.3 The right to use the software does not include a right to change the software by the customer.
3.4 For archiving and security purposes only the customer is permitted to make copies of the software, which all must contain information regarding the copyright of CSK. License material must not be copied. Additional copies can be purchased from CSK.
4 EDUCATION
If the customer wishes CSK can do the education for the usage of the software. Such education is billed separately.
5 LICENSE FEES
5.1 The license fees do not include VAT.
5.2 Customs fees and costs for loading and testing of the software, its installation and freight and insurance to the place of installation are separately stated on the invoice and billed.
6 PAYMENT CONDITIONS
6.1 The license fee is due before delivery of the software and is generally paid via an electronic commerce facility.
7 DELIVERY
7.1 ELECTRONIC DELIVERY
After receiving the license payment the customer can install the software at his site using the electronic delivery mechanism of the software.
7.2 PRODUCT CHANGES
CSK delivers the software basically in the offered version but reserves the right to deliver an actual version at time of delivery, if this version is compatible, contains at least the same functionality and does not cause additional costs to the customer.
8 INSTALLATION
8.1 The software is intended to be installed by the customer.
9 RESPONSIBILITY OF THE CUSTOMER
9.1 The responsibility for choice, usage and professional deployment of the software is with the customer. In addition he is responsible for safety measures to protect stored data and programs against destruction, theft or abuse.
9.2 The customer accepts the copyrights of CSK on the software.
10 WARRANTY
CSK warrants that the license material shall be free from defects in the electronic delivery of the software for a period of ninety days following the date of purchase when used under normal conditions.
11 WARRANTY LIMITATIONS
11.1 CSK is responsible to the customer in the frame of the Swiss code of obligations for direct damages in connection with the software up to the maximum amount of CHF 50.000.--.
11.2 Any warranty of CSK or its delegates for further going damages, especially for subsequent damages, lost profit or missed business opportunities or loss of data etc. is explicitly excluded.
11.3 No party can be made liable for non-fulfillment of its contractual obligations due to reasons, which are outside its direct area of influence.
12 INTELLECTUAL PROPERTY / CONFIDENTIALITY
The customer acknowledges the intellectual property of CSK on documents, materials and other information which CSK gives him access to. The customer obliges himself to treat confidential information of CSK or its subsidiaries like his own confidential information and to prevent at his best efforts its disclosure to third parties.
13 GENERAL PROVISIONS
13.1 This contract and its exhibits define all rights and obligations between the parties regarding the usage rights of the software. They override possible previous negotiations and agreements. Changes of the contract are only valid in written form and signed by both parties.
13.2 Rights and obligations in this contract can only by transferred by the customer to others if CSK agrees in written form.
13.3 If one or more provisions in this contract are declared as non-effective by a court, the remaining part of the contract remains in effect.
13.4 PLACE OF JURISDICTION IS ZÜRICH-1.
This contract and its exhibits are based on Swiss law.
19981111-2
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1998 MathConsult Dr. R. Mäder |