License Terms

Date: Mai 2013

§ 1 Scope of Terms

  • (1) The following license terms apply only to "Darterbase - Lite Edition" and "Darterbase - Premium Edition" (also simply referred to "Darterbase").
  • (2) The software "Darterbase - Lite Edition" includes all offered features. However, "Darterbase - Lite Edition" does not include all features of "Darterbase - Premium Edition" which is subject to charge.
  • (3) By downloading or installing Darterbase, as the case may be, Customers expressly agree to be bound by these license terms. If Customers do not agree with these license terms they are not allowed to use Darterbase.
  • (4) The right to use Darterbase ceases to exist, if a provision of these license terms is breached. In this case the Customer is required to remove Darterbase from any personal computer (Desktop, Server, Notebook, Tablet or Smartphone) and to destroy all existing copies of Darterbase, including documentation and created databases.

§ 2 Right of Use

  • (1) A non-exclusive unlimited right of use for Darterbase for an unlimited period of time is granted to the Customers.
  • (2) The Customer may create as many copies of "Darterbase - Lite Edition" as is considered necessary. For the purposes of data safety and to enable a full recovery after a computer system crash Customers may create safety backups by regularly creating data base backups as is considered necessary. The creation of any further copies other than security backup and data storage is prohibited.
  • (3) Licenses of "Darterbase - Premium Edition" entitles the Customer to use the license on maximum one (1) personal computer at the same time. Transfering the license file to another computer or a third person is totally prohibited.
  • (4) Customers may change the configuration files of Darterbase at their own risk. Customers are also entitled to adjust the configuration files in terms of functions to their own needs.
  • (5) Copyright markers as well as other notes identifying software- or source code of Darterbase may not be removed or amended. The mentioned copyright markers as well as all other notes identifying software- or source code of Darterbase are to be transferred to the amended or processed version of Darterbase.
  • (6) "Darterbase - Lite Edition" and "Darterbase - Premium Edition" may not be transferred, sub-leased or sub-licensed for commercial purposes and any other kind of commercial realization is also prohibited. Without the written consent the Customer is not entitled to distribute Darterbase on data carriers or web sites subject to charge. "Darterbase - Lite Edition" may be transferred only as unchanged and unamended version, i.e. the version after the first download from the servers.

§ 3 Updates

  • (1) Software updates will be provided at irregular intervals. Customers may install the respective update at their own discretion.
  • (2) The developers of Dartebase assume no liability for any damage if the Customer did not install the update, provided that it can be proved that no malfunction would have occurred had the current update been installed.

§ 4 Transfer

  • (1) The Software copy may only be transferred as a whole, i.e. by discontinuing the use of the acquired Software copy, Customers may transfer its respective right to use the Software according to the license agreement between WoltLab and the Customer to a third party. In this case the Customer must delete the Software on the Customer’s own remaining data carriers. After transfer the Customer’s right to use the Software ceases to exist.
  • (2) Customers may not transfer the Software to third parties if there is a reasonable suspicion that the third party intends to breach the existing license provisions, particularly if the third party intends to create illegal copies.

§ 5 Warranty

  • Customers should be aware, that on the basis of today’s state of technology it is not possible to completely eliminate failures of data processing software for any possible application. The right of use for "Darterbase - Lite Edition" is granted free of charge. Therefore, only warranty principles under the rules of gift apply. Under these rules, the developers of Darterbase accept no liability and gives no warranty or representation, other than for fraudulent concealment of failures. When purchasing a license of "Darterbase - Premium Edition" it is possible to examine the full functionality of the software for a limited time. If any deficiencies are revealed to the software, so this must be notified before purchasing a license.

§ 6 Liability

  • (1) Under the rules of gift (sec. 280 and 521 of the German Civil Code) the developers of Darterbase are liable only for gross negligence or wilful misconduct.
  • (2) A potential liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected (Sec. 14 Product Liability Act).
  • (3) The aforementioned provisions also apply to employees, representatives, assistants and vicarious agents.

§ 7 Jurisdiction

  • The license terms are governed by and shall be construed in accordance with the laws of Germany. The terms of the agreement of the United Nations on contracts concerning international purchase of articles (UN-Sales Law) do not apply.

Donation

Do you like Darterbase? Then it would be very nice if you show your appreciation by spending us a symbolic beer. This will cover the costs to keep the site running, and develop Darterbase.

Thank you & have fun with Darterbase!