License agreement for software products
This is a legal contract between you (either a natural or legal person) and Profics AG. By using the software, you confirm that you have read and understood this license agreement and agree to the following license conditions. Furthermore, you agree that only this license agreement is legally valid for the software - regardless of previous oral or written agreements of any kind. If you do not agree to the license conditions or do not understand the agreement, you may no longer use the software with immediate effect, and must also return the entire software packet to the seller, including the data carrier and accompanying written materials, and destroy any copies that have potentially been created. In this situation, the purchase price will be fully refunded.
1. License granting
The software is owned by Profics AG and is protected by national and international copyright laws, international treaties and other national legislation such as laws and agreements covering intellectual property. On purchase, you only buy a license for use of the software, and not the software itself. You may only create a copy of the software for security/archival purposes or to transfer it to another single hard disk (as long as the original copy is then kept only for security/archival purposes). The software's user manual and other accompanying written materials may not be copied.
2. Usage rights
This license agreement entitles you to a copy of a Profics AG software product for use on a single computer. The software is 'in use' on a computer if it is loaded into the computer's working memory (RAM) or saved onto one of the computer's permanent mediums (e.g. on a hard disk, CD-ROM or other data carrier). The software is not considered 'in use' if a copy is installed on a network server for the sole purpose of conducting internal distribution to other computers - providing that you have a separate license for each computer on which that software will be used.
3. Further restrictions
You are not permitted to rent out, lease, lend or sub-license this software. You are however permitted to transfer the rights afforded in this license agreement to a third party on a permanent basis - providing all copies of the software and the entire accompanying written materials are also handed over and the third party agrees to this agreement's terms. If the transferred software is an updated version, the newest version must be handed over along with all previous versions. You are not permitted to reverse engineer, decompile or disassemble the software unless, despite this limitation, the right to do so is explicitly stated in applicable law (and then only to the stated extent).
4. Limited guarantee/disclaimer
You expressly acknowledge and agree to use the software at your own risk. Profics AG rejects all express or implied guarantees of suitability or usefulness for a particular purpose. Profics AG makes no guarantee that the software's functions will meet your requirements, that the software will function without interruptions and errors, or that errors in the software require fixing. No performance data or other software descriptions therefore constitute an assurance of any features - even if they refer to DIN and/or other standards. All risk regarding results and software performance falls on you. If the software is damaged, you assume the risk and costs necessary for repair measures or corrections. However, Profics AG does guarantee that the mediums delivered with the product that contain the software are free from material and workmanship defects under normal use. If a medium from this product proves to be defective, Profics AG, as the license grantor, will replace the defective medium without cost to the buyer - providing the medium proves to be defective within 6 months of the sale date. The claim period on this guarantee begins on the date found on the invoice; in the event of a claim, this document should be submitted to the seller along with the software.
5. Customer claims
Profic AG's entire liability and your only recourse shall be, according to Profics AG's decision, either a) refund of the purchase price, b) repair or c) software replacement. Further guarantee claims are ruled out. This limited guarantee does not apply if the software's failure has resulted from accident, abuse of misapplication. For replacement software, Profics AG provides a guarantee for the remainder of the original guarantee. The guarantee period shall not be extended if replacement software is provided.
6. Exclusion of additional guarantees
Profics AG rejects any additional guarantees concerning the software and its accompanying written materials. This exclusion also applies, although not exclusively, to any implied assumption of usability for a particular purpose.
7. Exclusion of liability for consequential damages
Profics AG is not liable for any damages that arise directly, indirectly or as consequential damages due to your use of - or inability to use - the software, even if Profics AG has been notified of the potential for such damages. This limitation includes damages for lost profits, interruption of business, loss of commercial information or financial losses. Claims that are based on compulsory legal provisions concerning product liability are not affected.
8. Governing law and jurisdiction
All legal relationships between the parties are governed by Swiss law - excluding the Uniform Laws on the Purchase and Sale of Goods. The jurisdiction for all disputes arising from this agreement is St. Gallen.