License Terms and Conditions of Use

The Use of this Software Package is granted by terms and conditions of use shown below. Before opening the package or installing the Software you shall have read this  contract carefully.
By installing the Software Package this contract becomes legally binding.
The Right of Use, Transfer or Copying is restricted by this agreement.

The Software Package contains Data Processing Programs and the related Documentation. For both the term "Works" are used below.

The Licensor and other third parties own property right on these Works. Related to property rights of third parties the Licensor has sufficient rights to use. Acknowledgments and Additional Terms of Use apply also.

The Licensor grants to the acquirer (later called Licensee) the right to use the Works bound by following conditions:

1. Right of Use

a. Works shall be used on or in combination with only one and single workplace or computer.

b. If Works are being processed or linked with other Works, these other Works shall also be used on only one and single workplace computer.

c. Unchanged, processed or linked Works shall be copied in the machine readable or printed form only for the purpose of securing the data or to process the Works. Thus 1a also applies for such copies.

d. Any further or different use is not allowed.

2. Copyright Notice

Each part of Works contains a Copyright Notice. Each Copy, each Processing and any Part oft Works, which are linked to other Works must show this Notice also.

3. Transfer of the Right to Use

a. The Licensee can transfer his limited Right to Use, which result from 1. and 2, in full to a third party only with additional written permission from T.Kornicki and only if this third party provides a declaration of accepting the terms and conditions of this license contract. This Terms and Conditions shall be explicitly pointed out to the third party.
T.Kornicki will grant such a written permission, provided that the third party will oblige himself to update the Works to their newest available version on his expense and to cover any expenses of extending any Sublicenses to Full Licenses if applicable. The third party will also oblige himself to meet the costs of the transfer fee according to the then valid tariff list, payable to T.Kornicki.
Performing the transfer all Rights to Use granted to the Licensee are terminated, also including all Copies, Processing and Linkages. Shall those be not transferred to the third party, they must be irrevocably destroyed.

b. Transfer by the contract of any continuing obligation (e.g. rental, leasing) is prohibited.

4. Acquisition of extended version of the Software Package

Shall the Licensee extend, with these Works, an earlier version of Works or of Works linked to it, he is only granted the right to use this extended version. If nothing special has been separately agreed with the Licensor the Licensee is obliged to irrevocably destroy or delete all earlier versions and its copies, including the documentation, processing and linkages.

5. Licensor cannot be made liable for the correctness of any processing.

6. Additional terms for surrender of hardware dongles for the purpose of license activation

If the Licensee has opted to activate the license by the means of hardware dongles (instead of binding to the network adapter of one computer) the agreement extends as follows:

a. Hardware dongles shall be used only in connection with the use and activation of Works as set in 1. The licensee is entitled to install the Works on a maximum of 5 (five) computers but use the Works at one of them only (the one with the dongle installed).

b. The hardware dongles and data stored therein are property of the Licensor (The Owner) must not be changed, manipulated, simulated, copied, transferred or sold without the consent of the owner. Shall agreement be terminated for any reason the Licensee will, at his own expenses and without any additional notice, return hardware dongles to the owner immediately. At any time the owner is entitled to claim the return of dongles within 14 days at expense of the Licensee. At any time the owner is entitled to check the proper use of hardware dongles in the premises of the licensee or by electronic means.
Loss or damage to the dongles must be reported to the owner immediately. The owner is entitled to charge a fee to the Licensee for such replacement. After the payment of the fee by the Licensee the Owner will attempt to replace the dongle as soon as possible. If necessary, the entire stock of the dongles at Licensee's hands must be returned to the owner immediately.

c. With the handover of the dongles to the licensee or his representative or the dispatch to the transportation person, the risk goes to the licensee regardless of the fact who has paid for the shipment.
In case the Licensor is responsible for defect of the hardware dongle, the Licensor is authorized for his election for remedial or replacement. Obvious deficiencies must be complained within 14 days after receipt of the hardware dongle. Shall no complaints be made within 10 working days after the arrival of dongles at their  destination, they shall be deemed approved. The guarantee expires at interference, repairs or repair attempts by the Licensee or any unauthorized third parties. The transfer of warranty claims is excluded. Replaced parts will also be our property. Same warranties apply to replaced or repaired parts. If the Licensor is unwilling or unable for replacement, or at least three remedial fail, the Licensee is entitled to rescind the contract. It is expressly stated that due to the wide variety of configurations and the constant developments in the peripherals the proper function of dongle modules cannot be assured in each every case.
If nothing else has been explicitly agreed any further claims by the Licensee - regardless of what legal grounds - are excluded. Licensor cannot is not liable for any damages other then the dongle itself, especially not for lost profits or other property damage.

7. General Business Terms and Conditions

The General Business Terms and Conditions of Kornicki DL in EDV&IT in the latest version apply for the rest.

Copyright: © Kornicki Dienstleistungen in EDV & IT