License agreement

Licence agreement

§1 Subject of the agreement

Subject of this agreement is the grant of a not exclusive, not transferable right to use the software SW-Lookup®, called SOFTWARE PRODUCT below, on data processing equipment of the purchaser of this license, called user below. The SOFTWARE PRODUCT is licensed, not sold.

§2 Conclusion of this agreement

This agreement is concluded between the producer of the SOFTWARE PRODUCT, friendlyGIS ® GmbH in D-33332 Gütersloh, Germany, and the user by installing and using the SOFTWARE PRODUCT.

§3 Licensed rights

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

The user has aquired the right to run a specific number of PeerServers by purchasing a specific number of licences. It is explicitly indicated that running a PeerServer requires a Smallworld® GIS workstation with a valid Smallworld® licence. The number of licences refers to the number of PeerServers running concurrently on the user's network. The number of client accesses through customary HTML browsers is not limited.

This licence agreement grants the user the following rights:

• Installation and usage

  The user may integrate the SW-Lookup® PeerServer in any number of Smallworld® GIS images. The licence file on the SW-Lookup® dispatcher takes care of limiting the allowed number of concurrently running licences.

• Distribution and backup

  The user may create backup copies of the SOFTWARE PRODUCT. He may also pass the SOFTWARE PRODUCT to third parties for test purposes. He may NOT pass on the licence key.

§4 Other rights and restrictions

• Limitations on Reverse Engineering, Decompilation, and Disassembly

  The user is not allowed to reverse engineer, decompile or disassemble the SOFTWARE PRODUCT or parts of it, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The parts of the SOFTWARE PRODUCT written in MAGIK may be changed by the user; in this case, however, warranty for the affected parts of the SOFTWARE PRODUCT is voided. The user is adviced to keep track of his modifications and store the modifications separately in order to prevent loss of his modifications in case of product updates.

• Software Transfer

  The user may permanently transfer all of his rights under this license agreement provided the recipient agrees to the terms of this license agreement. In this case, the licence for the former user is voided.

• Termination

  Without prejudice to any other rights, friendlyGIS ® may terminate this license agreement if the user fails to comply with the terms and conditions of this license agreement. In such event, the user must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

• Rental

  The user may not sell, rent, or lease the SOFTWARE PRODUCT.

§5 Warranty and limitation of liability

• Limited Warranty

  friendlyGIS ® assures the usability of the SOFTWARE PRODUCT to the extent described in the manual, provided that the requirements described there regarding hardware, software and operating systems are guaranteed. It is explicitly pointed out that for each PeerServer the user needs a Smallworld® GIS workstation with a valid licence. The warranty is valid for 12 months after purchase of the SOFTWARE PRODUCT.

• Support

  friendlyGIS ® provides free support via EMail or telephone (+49)(0)5241 / 94 24 58 in english or german language for the period of time described below. Within this period of time, called support period below, the user also has the right to access newer versions of the SOFTWARE PRODUCT for free through electronic transmission (download or EMail).

  SW-Lookup® may be licenced by permanent licence or one-year licence.

  A permanent licence includes the support for the first 12 months after purchase of the licence. After this period the support period may be prolonged by another 12 months by paying a support fee. The support fee is to be payed for each 12 months in advance.

  If the user has purchased SW-Lookup® through one-year licenses, the support period equals the licence period.

• Retouchment and right of return

  If the SOFTWARE PRODUCT should be provably unusable by the user even after retouchment by friendlyGIS ®, the user has the right to return the licence. The rights of the user are limited to a refund of the price payed for the SOFTWARE PRODUCT. friendlyGIS ® disclaims, to the maximum extent allowed by applicable laws, all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT. If the user has returned its licence, he must destroy all its copies of the SOFTWARE PRODUCT.

• Limitation of liability

  To the maximum extent permitted by applicable law, in no event shall friendlyGIS ® GmbH or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide support services, even if friendlyGIS ® GmbH has been advised of the possibility of such damages.

• User's rights in the case of the producer's vanishing

  If the producer or its successor should not be willing or able to ensure further maintenance and development of the SOFTWARE PRODUCT, ALL users have the right to receive a copy of the complete development material such as source code and documentation in order to organise further development of the product.

  The user's address will, if he does not explicitly deny this, be held in a list which is also exposed to the user community in order to enable common action in the case noted above.

§6 Trade marks

friendlyGIS ® und SW-Lookup® as well as the corresponding logos are trade marks of friendlyGIS GmbH, D-33332 Gütersloh.

All names of companies or products used in the SOFTWARE PRODUCT or its documentation and supplemental material may be trade marks of their corresponding owners. Their use by friendlyGIS ® is intended to be in compliance with the respective guidelines and licenses.

W3C, CSS, HTML, XML, and XSL are trademarks of the World Wide Web Consortium (W3C); marks of the W3C are registered and held by its host institutions MIT, INRIA, and Keio.

§8 Salvatoric clause

If one of the regulations in this document should not be valid due to applicable law, a regulation representing the intended goals as close as possible regarding applicable law shall be used instead.