TQ-Systems Product Software License Agreement Version 1.0.2

Copyright (c) 2020-2024 TQ-Systems GmbH <[email protected]>, D-82229 Seefeld, Germany.
All rights reserved.

It is permitted to copy and distribute this document true to word.

The software is classified as product-specific software and bound
to the use with the TQ-Systems GmbH product.

The software is, at licensor's full discretion, provided in machine-readable
form (binary or object code) and/or source code form.

§1 Scope of Use and Usage Period
  1. The rights to the TQ-Systems GmbH (TQ) software - in particular the
     copyright and additional industrial property rights - shall remain
     exclusively with TQ even if the software has been modified by you or your
     company.
     You are prohibited from using this Software in any way other than
     as described in the following provisions of this Agreement.
  2. The ordinary, non-exclusive right to use the Software shall only apply in
     direct connection with the product.
     Product means that parts of the software has been developed by TQ or a
     company affiliated with TQ.
     You are prohibited from using the software developed by us on any other
     product (e.g. from third parties).
     Any transfer to third parties is bound by the provisions of this Agreement.
  3. You may not distribute the software or a modified version of the software
     to third parties in source code format.
  4. Any use of the software that goes beyond the scope of the previous
     provisions requires our written consent.
  5. We reserve the right to assert claims for damages.
  6. You are only entitled to sub-license the software in connection with
     the TQ product.
  7. In the event of sub-licensing, you must also ensure that no
     additional rights to the Software are granted to sublicensees other
     than those granted to you under these License Terms.
  8. If you transfer your rights to the Software to any third party, you
     must destroy any untransferred copies of the Software.

§2 Warranty; Liability
  1. We expressly point out that it is not possible according to the
     state of the art to develop more complex software in such a way
     that an error-free function is guaranteed under all application
     conditions. We therefore only guarantee that the delivered software
     is suitable for contractual use in accordance with the description
     created or accepted by us.
  2. In the event of major, significant and reproducible deviations of the
     software functionality from the product description or specification, we
     are entitled, at our discretion, either to refund the purchase price paid
     by you or to carry out subsequent performance in the form of a new
     delivery or repair of the product, within a reasonable period of time.
     If, within the framework of the supplementary performance chosen by us,
     we are unable to eliminate the considerable deviations in the
     functionality of the software that have occurred within a reasonable
     period by providing a defect-free update or upgrade of the software or to
     circumvent them in such a way that you are able to use the software in
     accordance with the contract, you may claim a reduction in the agreed
     remuneration or withdraw from the contract. Any further claims are
     excluded to the extent permitted by law.
  3. We do not warrant for minor deviations in the functionality of the
     software from the product description or specification.
  4. The warranty period is one (1) year, unless longer periods are
     required by law. It begins with the acceptance of the software by
     you or - if a formal acceptance is not planned or does not take
     place - at the latest two (2) weeks after delivery or actual transfer.
  5. We do not warrant or assume any liability beyond the scope of use
     described in paragraph 1 with respect to the proper selection,
     application and use of the Software.
     This applies in particular to improper use, in particular the use of
     incompatible hardware or software, modifications or extensions to
     the software made independently by or at your instigation, the
     culpable omission of a regular data backup and other cases of
     incorrect or negligent handling by you.
  6. If you use the software outside these license terms, all warranty
     and liability claims are void. The aforementioned warranty or
     liability limitations shall not apply in cases of injury to life,
     limb or health, in cases of liability falling within the scope of
     the Product Liability Act, insofar as the software lacks a property
     or quality expressly warranted by us or we are at fault in the form
     of intent or gross negligence.

§3. Additional conditions
  1. A written notice (printed or digitally) has to be provided with the
     product which contains either a literal copy of this document or an
     Uniform Resource Locator (URL) to a literal copy of this document or
     a written EULA approved by TQ.
  2. TQ may revise this License from time to time.
     Each Revision is identified by a Version number.
     You may either use this Software within the scope of this version
     of the license or under the conditions of a later version of the
     license.
     If the Software does not specify a version number of this license,
     you may choose any version of this license ever published by TQ.