License agreement between you and ALNO Aktiengesellschaft, 88630 Pfullendorf, for the software “ALNO | Kitchen Planner” (hereinafter referred to as the Software).
1. License Terms
The Software and the image material contained therein may only be used in conformity with the license terms below.
Please note for your use that the accuracy of the color reproduction and the quality of the reproduction of the image material (including, without limitation, monitor colors) may deviate considerably from the original. This also applies to text and image information that ALNO cannot ensure is always correct and up-to-date; in such a case, the information from the most recent sales manual of ALNO applies.
You are only entitled to use the Software if you accept and abide by the license terms below. If you fail to accept the license terms, you will not be entitled to use the Software (CD-ROM or download).
2. Subject Matter of the Contract
ALNO grants you, the licensee, a non-transferable, non-exclusive right to use the Software and the image material contained therein for a limited period of time in accordance with the following conditions. You do not have to pay license fees to use the Software and image material.
3. Scope of Use
ALNO grants you a usufructuary right to display photorealistic kitchen models and print them out for the purpose of promoting the sale of ALNO kitchens; as to retail customers, the right applies for the purpose of planning kitchens subject to the following conditions:
a) The Software may only be reproduced to the extent necessary to load, display, run, transfer or save the Software simultaneously on one computer (“proper use”).
b) The right to proper use applies solely to the machine-coded form of the Software.
c) Proper use includes the right to create a back-up copy. You are not allowed to create any other copies. The documentation must not be copied.
d) The Software or the documentation may only be changed, edited or translated wherever and to the extent necessary to fix errors and enable proper use.
e) You are not entitled to decompile the Software or translate it in any other way into the source code or into any other human-readable form. In the event that interoperability with independent third-party software is necessary to enable proper use of the Software, ALNO will provide the information you require upon request.
f) Proper use is only permitted to process your data for in-house use and to plan an ALNO kitchen. The Software must not be used to process third-party data. This does not apply if you are an ALNO kitchen dealer and use the Software to plan a virtual ALNO kitchen for a customer. This is the only case where you are entitled to use the Software to process third-party data.
g) You are furthermore not entitled to make the Software available to third parties on a long-term or temporary basis without the consent of ALNO, including, without limitation, leasing it out, lending it or otherwise making it available.
h) The generated image material must not be used for any other purpose than to plan an ALNO kitchen, including, without limitation, any purpose that falls outside the purview of using the Software. Nor are you entitled to change or edit the image material, including, without limitation, touching up the images.
i) You are not entitled to transfer the rights listed herein to third parties or to grant them equivalent usufructuary rights.
4. Copyrights to the Software, the Image Material Used and the Documentation
Without prejudice to the usufructuary rights granted in Sections 2 and 3, ALNO reserves all rights to the Software and image material. In particular, ALNO is the holder of the usufructuary rights to the data, programs, procedures, illustrations and image material contained in this Software (CD-ROM or download).
You are not entitled to change or remove ownership information, marks, copyright notes or any other markings on the Software or documentation.
5. Term of the License Agreement, ALNO Right to Cancel
If you use the Software to plan your own kitchen, this license agreement is limited to the period during which you plan an individual ALNO kitchen and, without requiring a notice of cancellation from one of the parties, automatically expires when the planning is finished.
If you use the Software to plan customer kitchens, this license agreement is limited to the period during which you maintain a business relationship with ALNO and, without requiring a notice of cancellation from one of the parties, automatically expires when the business relationship is terminated.
ALNO is entitled to immediately cancel your license agreement and bar you from using the Software (CD-ROM or download) if you violate the terms of this license agreement. Furthermore, you are liable to ALNO for any damage incurred as a result of any use of the Software or the image material that is contrary to the terms of the agreement.
When the agreement is terminated or lapses, you must delete the Software from all your IT equipment, destroy the CD-ROM with the software program sent to you, delete any documentation provided to you, delete any copies of the Software and the documentation, and prove all the above to ALNO if so requested.
6. Warranty Claims
You use the Software and image material at your own risk.
ALNO expressly rejects any and all warranty claims, except for those warranty claims brought for defects of quality or title wherever ALNO fraudulently concealed the defect.
7. Limitations on Liability
ALNO is only liable for willful or grossly negligent misconduct.
ALNO assumes no additional liability beyond the limited liability described above; this apples to any and all claims for damages brought on any legal grounds whatsoever, including, without limitation, tort claims or claims brought for violations of obligations, pre-contractual or otherwise.
The above provisions are without prejudice to the mandatory liability of ALNO in the event of injury to life, limb or health.
8. General Provisions
a) The invalidity of individual provisions of this license agreement does not affect the validity of the remaining provisions. The parties must replace the invalid provision with a valid provision that attains the business result and legal purpose of the invalid provision to the greatest extent possible.
b) All changes or additions made to this license agreement must be made in writing to be valid. This also applies to a waiver of this written-form requirement.
c) This agreement is subject to the laws of the Federal Republic of Germany except for the United Nations Convention on Contracts for the International Sale of Goods (CISG).
d) If you are a company, the sole venue is the local and/or district court with jurisdiction over Pfullendorf. However, ALNO is entitled to bring an action against you at any other legal venue. If you are a consumer, the venue is determined by the requirements of law.
e) Any license terms that you may impose in contravention of this license agreement are hereby deemed null and void. This also applies if ALNO has failed to expressly object to such license terms.