RTFC End User License Agreement

 https://www.rtfc.eu/license.html

Demo Version

License Models

1. Single user license for one workplace.
   
2. Additional licenses for further workplaces.
   
3. Campus license (as from 25 workplaces). Permits the use of up to 50 copies of RTFC in one location of the Licensee including home offices of his/her staff members.
   
4. District license (as from 50 workplaces). Permits the use of more than 50 copies of RTFC in multiple locations of the Licensee in one country.
   

§ 1 Object of Agreement

1. This agreement covers the computer programs (hereinafter referred to as the "Software") including modified versions and updates, documentation and user manuals as well as all accompanying materials, be it in print or electronic form.
   
2. The user is granted the right to use the Software in accordance with the license models and conditions mentioned above.
   
3. The Software described in the documentation is "state of the art". Dipl.-Ing. (FH) W. Hubert (hereinafter referred to as the "Licensor") wishes to point out, however, that the "state of the art" makes it impossible to develop Software which works properly in all application scenarios and under all circumstances.
   
4. The Licensor only provides the Software for download from the internet. He/She does not offer services for installation, configuration, customization and maintenance of the Software on the users computer.
   

§ 2 Scope of Use

1. The Licensee is entitled to download and install the Software, load it into memory and run it on a single personal computer.
   
2. In case of a multi user license the Licensee may copy the complete Software package to a network drive in order to distribute it through an internal network for use at multiple workplaces. At the same time the terms of this agreement in the file "License.txt" may not be removed. Any other use of the Software on a server or in a network is prohibited.
   
3. The Licensee is entitled to make a backup copy of the Software.
   
4. In addition to the copies mentioned in subparagraph 2 and 3 the main user of a computer on which the Software is installed may install and use another copy exclusively on a mobile computer or a computer in his home office, provided that he actually is the only one who uses the Software.
   

§ 3 Special Limitations

1. make copies of the Software (in whole or in part) beyond the conditions indicated in paragraph 2;
   
2. separate the components of the Software in order to use it on more than one computer;
   
3. modify, translate, disassemble, decompile or apply any method of reverse-engineering to the Software;
   
4. generate works derived from the Software, or to reproduce, translate or modify the written material or generate works derived there from;
   
5. to pass on, rent or lease the Software to a third party or to use it in any other form for commercial purposes. This also applies to copies of the Software;
   
6. distribute the Software on commercial data media (e.g. sampler-CDs, shareware-CDs, OEM-versions) without express written permission of the Licensor;
   
7. use the Software for hosting services or to install it on a web server without express written permission of the Licensor;
   
8. make or transfer copies for teaching, pre-publishing or product samples.
   

§ 4 Copyright Notice

1. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights resulting from these copyright laws are reserved for the Licensor. The copyright in particular covers the program code, documentation, appearance, structure and organization of the program files, program name, logos and other forms of representation within the Software.
   
2. The Licensee is only granted the right to individual, private use of the Software. This does not imply conferral of any rights to the Software itself. The Software is licensed, not sold.
   
3. The licensee obtains a personal license key for activating the software. He agrees, that his full name, postal code and city are gathered and stored for creating it. These data may also be disclosed to distributors or suppliers based on contractual obligations.
   
4. The Licensor reserves all rights of publication, translation, reproduction, editing and utilization of the Software. Any use of the Software beyond the scope of the present agreement requires express written permission of the Licensor.
   

§ 5 Transfer of Rights

1. you inform the Licensor about the transfer of the license in order to obtain a personal license key for the new Licensee,
   
2. you transfer the present agreement and all of the Software, including all copies, updates and prior versions,
   
3. you retain no copies including backup copies and other copies and
   
4. the recipient agrees to the terms of this agreement and other provisions by which you became the legal user of the Software.
   

§ 6 Terms of Validity

1. The agreement is concluded for an indefinite period. The Licensee's right to use the Software shall end automatically without notice in the event of non-compliance with any of the conditions of this agreement. At the same time the right to publish works which have been generated with the Software expires.
   
2. On termination of the right of use, the Licensee is obliged to uninstall the Software from his/her computer systems. He/she is also obliged to destroy all copies of the Software together with all written material and all copies thereof, including any modified copies.
   

§ 7 Terms of Warranty

1. The software is provided "as is". The Licensor makes no warranties regarding the complete absence of errors, compatibility, or fitness for a particular purpose, unless explicitly agreed in writing.
   
2. This is standard Software, which has been developed and provided for common purposes, not for a particular purpose of a certain user.
   
3. The Licensor and his distributors expressly disclaim any warranty of performance or results you may obtain by using the Software.
   
4. To the maximum extent permitted by applicable law, the Licensor and his distributors expressly disclaim any warranty for the SOFTWARE PRODUCT of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose.
   

§ 8 Disclaimer and Limitation of Liability

1. The Licensor shall not be liable for any damages arising from the use of the software unless caused by intentional or grossly negligent conduct.
   
2. Liability for indirect damages, consequential damages, or loss of profit is excluded to the extent permitted by law.
   
3. The Licensor shall not be liable for damages caused by cyber attacks, provided the software has been secured against such attacks in accordance with the current state of the art and is regularly updated.
   
4. Liability for damages resulting from injury to life, body, or health remains unaffected.
   
5. The user is responsible for regularly updating the software and implementing appropriate security measures. The Licensor shall not be liable for damages resulting from missed updates or improper use.
   
6. Where the software includes open-source components, the respective license terms of those components apply. The Licensor assumes no liability for their functionality or security.
   
7. Except in cases of intent or gross negligence, the Licensors total liability is limited to the amount paid by the user for the use of the software within the last 12 months.
   
8. For the claim of a breach of regulations the Licensee is obliged to provide a proof of purchase upon request.
   

§ 9 Damage Minimization Obligation

1. The Licensee is explicitly reminded that he/she must make backups of the data on his/her computer at adequate, regular intervals (normally once a week). Failure to do so shall constitute a breach of the Licensee's damage minimization obligation, and the Licensor shall not be liable for any resultant damage.
   
2. The Licensee is explicitly reminded that he/she must not use the Software in hazardous environments in which non fault-tolerant operation is imperative (e.g. critical infrastructures or high-risk activities such as the operation of nuclear power installations, defense systems, air navigation or communication systems or life-support machines). Failure to observe this condition shall constitute a breach of the Licensee's damage minimization obligation, and the Licensor shall not be liable for any resultant damage.
   

§ 10 Contractual Amendments and Protective Clause

1. These conditions of use apply in the most recent version as published at  www.rtfc.eu on the internet.
   
2. These conditions of use shall still form part of the contract even if they differ from those of the Licensee, even where not expressly contradicted by the Licensor.
   

§ 11 Choice of Law and Jurisdiction

1. All legal relations between the parties, including the law of tort, shall be subject to the law of the Federal Republic of Germany.
   
2. The place of jurisdiction shall be Leonberg in the Federal Republic of Germany.
   
3. All matters relating to the validity, interpretation and fulfillment of the contractual provisions shall be settled at the legal venue of the Licensor.
   

§ 12 Final Provisions

1. All supplements to this contract, including this clause, must be made in writing.
   
2. Should any provision of this agreement be or become invalid or unenforceable, this shall not affect the legal validity of the other provisions. In this case, the invalid or unenforceable provision shall be replaced where possible by a legitimate provision with an equivalent commercial intent.
   

E-Mail:  s ervice@rtfc.eu

Internet:  https://www.rtfc.eu