DMP Scan Pro EULA
END USER LICENSE AGREEMENT (EULA)
DPM Scan Pro
DPM Scan Pro END USER LICENSE AGREEMENT (EULA)
IMPORTANT - PLEASE READ THIS AGREEMENT CAREFULLY
THIS IS AN AGREEMENT BETWEEN ADDITIVE MARKING GMBH, TECHNOLOGIEPARK 31, 33100 PADERBORN, GERMANY ("LICENSOR") AND YOU ("LICENSEE"). BY CLICKING ON THE "ACCEPT" OPTION OR BY INSTALLING OR USING THE SOFTWARE, YOU WILL BE BOUND BY THIS AGREEMENT.
DEFINITIONS
This EULA applies to the Additive Marking software DPM Scan Pro.
The DPM Scan Pro app includes software components/modules and mobile applications for scanning digital codes like DataMatrix and QR codes especially Direct Part Markings (DPM).
“Direct Part Marking (DPM)” refers to the embossing, overprinting or underprinting of a marking in the form of a picture and word mark, as well as any character strings or machine-readable codes (e.g. QR codes, data matrix codes).
“Own Device” means the respective physical or virtual hardware system of Licensee on which the software is installed for use.
“Third-party software” refers to software that can be purchased commercially from other manufacturers, as well as open source software and freeware.
“Internal Use” means the execution of the software for Licensee’s own purposes and within Licensee’s own technical environment.
“Software” means the respective Additive Marking computer program in the Object Code, which is listed in the offer / order confirmation.
This EULA applies to the Additive Marking software DPM Scan Pro.
The DPM Scan Pro app includes software components/modules and mobile applications for scanning digital codes like DataMatrix and QR codes especially Direct Part Markings (DPM).
“Direct Part Marking (DPM)” refers to the embossing, overprinting or underprinting of a marking in the form of a picture and word mark, as well as any character strings or machine-readable codes (e.g. QR codes, data matrix codes).
“Own Device” means the respective physical or virtual hardware system of Licensee on which the software is installed for use.
“Third-party software” refers to software that can be purchased commercially from other manufacturers, as well as open source software and freeware.
“Internal Use” means the execution of the software for Licensee’s own purposes and within Licensee’s own technical environment.
“Software” means the respective Additive Marking computer program in the Object Code, which is listed in the offer / order confirmation.
SOFTWARE LICENSE
1. Scope of application/subject matter of the contract:
(1) The subject matter of this Agreement is the transfer of the software specified in the offer / order confirmation in object code and the granting of the rights of use described in No. 2 of this License Agreement. The hardware and software environment within the software is to be used is also specified in the offer, the order confirmation, the product description or separately as an attachment. Firmware is expressly not software within the meaning of these license terms.
(2) The Licensor shall make the software available to the Licensee for use via the App Store.
(3) The quality and functionality of the software is conclusively determined by the product description. The information contained therein is to be understood as a performance description and not as a guarantee.
(4) Installation and configuration services are not the subject of this contract.
(5) The General Terms and Conditions (GTC) of Additive Marking GmbH shall apply. Should individual provisions of the GTC conflict with the following provisions, the provisions of this EULA shall prevail. The precedence of individual written agreements between the Licensor and the Licensee shall remain unaffected.
1. Scope of application/subject matter of the contract:
(1) The subject matter of this Agreement is the transfer of the software specified in the offer / order confirmation in object code and the granting of the rights of use described in No. 2 of this License Agreement. The hardware and software environment within the software is to be used is also specified in the offer, the order confirmation, the product description or separately as an attachment. Firmware is expressly not software within the meaning of these license terms.
(2) The Licensor shall make the software available to the Licensee for use via the App Store.
(3) The quality and functionality of the software is conclusively determined by the product description. The information contained therein is to be understood as a performance description and not as a guarantee.
(4) Installation and configuration services are not the subject of this contract.
(5) The General Terms and Conditions (GTC) of Additive Marking GmbH shall apply. Should individual provisions of the GTC conflict with the following provisions, the provisions of this EULA shall prevail. The precedence of individual written agreements between the Licensor and the Licensee shall remain unaffected.
2. Right of use:
(1) The Licensor grants the Licensee a limited, non-exclusive, non-transferable license for internal use and, depending on the software ordered, for installation of the software. The right of use is differentiated according to user-based use (user license) and volume-based use (volume license).
(2) User License: The software may only be by natural persons corresponding to the licenses purchased by the Licensee. (Standard-Case).
(3) Volume License: The use of the software is limited to the number of DPMs that can be scanned purchased by the Licensee. The respective number and calculation of the DPMs is finally listed in the app.
(4) If the Licensee uses the software to an extent that qualitatively or quantitatively exceeds the rights of use acquired by it, it undertakes to re-license the rights of use necessary for the permitted use from the Licensor without delay. Otherwise, the Licensor reserves the right to assert the rights to which it is entitled.
(1) The Licensor grants the Licensee a limited, non-exclusive, non-transferable license for internal use and, depending on the software ordered, for installation of the software. The right of use is differentiated according to user-based use (user license) and volume-based use (volume license).
(2) User License: The software may only be by natural persons corresponding to the licenses purchased by the Licensee. (Standard-Case).
(3) Volume License: The use of the software is limited to the number of DPMs that can be scanned purchased by the Licensee. The respective number and calculation of the DPMs is finally listed in the app.
(4) If the Licensee uses the software to an extent that qualitatively or quantitatively exceeds the rights of use acquired by it, it undertakes to re-license the rights of use necessary for the permitted use from the Licensor without delay. Otherwise, the Licensor reserves the right to assert the rights to which it is entitled.
3. Restriction of use/ownership:
(1) Licensee is prohibited from (a) distributing, sublicensing, transferring, lending or otherwise making available the software to third parties (except as expressly permitted in this Agreement); (b) disassembling, decompiling, disassembling, technically reversing, modifying or reverse engineering the software beyond the scope permitted by law (section 69e UrhG). The Licensee is prohibited from circumventing technical measures to protect the software.
(2) The Licensee is prohibited from making copies of the software, subject to the statutory provisions of section 69d UrhG11. If the Licensee is permitted to make a backup copy within the scope of the statutory provisions, the Licensee undertakes to visibly affix the note “Backup Copy” to the aforementioned copy as well as a copyright notice referring to the Licensor. The right to make a backup copy shall not apply in the case of multiple licenses.
(3) The Licensor is the owner of all industrial property rights and copyrights to the software. References to copyrights or other industrial property rights located on or in the software may not be changed, removed or otherwise made unrecognizable.
(1) Licensee is prohibited from (a) distributing, sublicensing, transferring, lending or otherwise making available the software to third parties (except as expressly permitted in this Agreement); (b) disassembling, decompiling, disassembling, technically reversing, modifying or reverse engineering the software beyond the scope permitted by law (section 69e UrhG). The Licensee is prohibited from circumventing technical measures to protect the software.
(2) The Licensee is prohibited from making copies of the software, subject to the statutory provisions of section 69d UrhG11. If the Licensee is permitted to make a backup copy within the scope of the statutory provisions, the Licensee undertakes to visibly affix the note “Backup Copy” to the aforementioned copy as well as a copyright notice referring to the Licensor. The right to make a backup copy shall not apply in the case of multiple licenses.
(3) The Licensor is the owner of all industrial property rights and copyrights to the software. References to copyrights or other industrial property rights located on or in the software may not be changed, removed or otherwise made unrecognizable.
4. Third-party software, open source and freeware:
(1) Proper licensing for third-party software is the responsibility of the Licensee.
(2) The use of open source or freeware products provided in connection with the software is licensed under the terms of the applicable license agreement. Any use beyond this is not subject to the control of the Licensor. The Licensor is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
5. Maintenance / Care
If the Licensee has booked maintenance / servicing services of the software and, if applicable, hardware (See Internal Use), these shall be subject exclusively to the provisions of a separate maintenance agreement (“Service Agreement”).
6. Contract duration/termination
(1) The term of the User License shall be twelve (12) months beginning on the date of delivery of the software in accordance with No. 1 (2) of this License Agreement and shall be extended by a further twelve (12) months unless the License is terminated according the terms and conditions of the app store.
(2) The Licensor shall be entitled to terminate the Agreement if (a) the Licensee fails to comply with the payment terms and/or (b) the Licensee fails to comply with the terms of this Agreement and the breach is not remedied within ten (10) days even after receipt of a written warning. In the event of effective termination, Licensee shall cease using the software, destroy all copies of the software (including copies on storage media) and confirm this to Licensor. This provision applies to all copies of any kind, whether partial or complete. Upon termination taking effect, Licensee waives all rights granted by this Agreement.
(1) Proper licensing for third-party software is the responsibility of the Licensee.
(2) The use of open source or freeware products provided in connection with the software is licensed under the terms of the applicable license agreement. Any use beyond this is not subject to the control of the Licensor. The Licensor is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
5. Maintenance / Care
If the Licensee has booked maintenance / servicing services of the software and, if applicable, hardware (See Internal Use), these shall be subject exclusively to the provisions of a separate maintenance agreement (“Service Agreement”).
6. Contract duration/termination
(1) The term of the User License shall be twelve (12) months beginning on the date of delivery of the software in accordance with No. 1 (2) of this License Agreement and shall be extended by a further twelve (12) months unless the License is terminated according the terms and conditions of the app store.
(2) The Licensor shall be entitled to terminate the Agreement if (a) the Licensee fails to comply with the payment terms and/or (b) the Licensee fails to comply with the terms of this Agreement and the breach is not remedied within ten (10) days even after receipt of a written warning. In the event of effective termination, Licensee shall cease using the software, destroy all copies of the software (including copies on storage media) and confirm this to Licensor. This provision applies to all copies of any kind, whether partial or complete. Upon termination taking effect, Licensee waives all rights granted by this Agreement.
7. Warranty
(1) Licensor warrants that the original media (if any) on which the software is provided and any printed materials accompanying the software will be free from defects in materials and workmanship under proper use for a period of ninety (90) days from the date of delivery (the “Warranty Period”). Upon return of defective media or printed materials within the Warranty Period, Licensor will correct or replace the defective media or printed materials at no charge. 1 German Law on Copyright and Related Rights
(2) The Licensor has no control over your use of the software. Licensor does not and cannot guarantee the performance or results that may be obtained from the use of the software. Licensor does not warrant the accuracy or timeliness of any data contained in the software, and Licensor shall not be liable to you or any other party for any inaccuracy or untimeliness of any data or for any delay in reporting such data contained in the software. Various information in the software is constantly changing, and the information in the software is only valid as of a particular date. The Licensor does not warrant that the operation of the software will be uninterrupted or error-free. The Licensor is not responsible for problems caused by accident, misuse, abuse, alteration or improper use. Licensor makes no warranty as to the suitability of the software or that it will meet your requirements.
(3) EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED “AS IS,” AND TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, MEDIA AND RELATED MATERIALS, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. LICENSOR’S LIABILITY UNDER THE ABOVE WARRANTY IS LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE LICENSE. IN THIS CASE, ALL IMPLIED WARRANTIES ARE LIMITED TO A PERIOD OF 90 DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
(1) Licensor warrants that the original media (if any) on which the software is provided and any printed materials accompanying the software will be free from defects in materials and workmanship under proper use for a period of ninety (90) days from the date of delivery (the “Warranty Period”). Upon return of defective media or printed materials within the Warranty Period, Licensor will correct or replace the defective media or printed materials at no charge. 1 German Law on Copyright and Related Rights
(2) The Licensor has no control over your use of the software. Licensor does not and cannot guarantee the performance or results that may be obtained from the use of the software. Licensor does not warrant the accuracy or timeliness of any data contained in the software, and Licensor shall not be liable to you or any other party for any inaccuracy or untimeliness of any data or for any delay in reporting such data contained in the software. Various information in the software is constantly changing, and the information in the software is only valid as of a particular date. The Licensor does not warrant that the operation of the software will be uninterrupted or error-free. The Licensor is not responsible for problems caused by accident, misuse, abuse, alteration or improper use. Licensor makes no warranty as to the suitability of the software or that it will meet your requirements.
(3) EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED “AS IS,” AND TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, MEDIA AND RELATED MATERIALS, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. LICENSOR’S LIABILITY UNDER THE ABOVE WARRANTY IS LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE LICENSE. IN THIS CASE, ALL IMPLIED WARRANTIES ARE LIMITED TO A PERIOD OF 90 DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
8. Limitation of liability
(1) The Licensor shall be liable without limitation in the event of intent or gross negligence, for injury to life, limb, or health, in accordance with the provisions of product liability and to the extent of any warranty assumed by it.
(2) In the event of a breach of a cardinal obligation (material contractual obligation), the liability of the Licensor shall be limited to the damage that is foreseeable and typical according to the nature of the transaction in question.
(3) There is no further liability of the licensor.
(4) The aforementioned limitation of liability also applies to the personal liability of the Licensor’s employees, representatives and bodies.
9. Secrecy obligation
(1) Any software, documentation or technical information provided by the Licensor or its representative relating to the software and the terms and conditions of this Agreement shall be treated as “trade secret/confidential information” without further marking or designation. The Licensee undertakes to keep the information made available secret, in particular not to pass it on to third parties and to use it only within the scope of this Agreement. For this purpose, the Licensee shall keep all documents and data carriers as secret as its own documents to be kept secret, and shall oblige every employee who has access to confidential information of the Licensor to maintain secrecy. The foregoing obligations shall survive termination of this Agreement for a period of three (3) years.
(2) The foregoing restrictions shall not apply to information that (a) was already in Licensee’s possession in written form prior to the conclusion of the Agreement or (b) has become available to the general public due to publications by third parties without Licensee’s intervention, whereby Licensee shall bear the burden of proof for the existence of these exceptions.
(1) The Licensor shall be liable without limitation in the event of intent or gross negligence, for injury to life, limb, or health, in accordance with the provisions of product liability and to the extent of any warranty assumed by it.
(2) In the event of a breach of a cardinal obligation (material contractual obligation), the liability of the Licensor shall be limited to the damage that is foreseeable and typical according to the nature of the transaction in question.
(3) There is no further liability of the licensor.
(4) The aforementioned limitation of liability also applies to the personal liability of the Licensor’s employees, representatives and bodies.
9. Secrecy obligation
(1) Any software, documentation or technical information provided by the Licensor or its representative relating to the software and the terms and conditions of this Agreement shall be treated as “trade secret/confidential information” without further marking or designation. The Licensee undertakes to keep the information made available secret, in particular not to pass it on to third parties and to use it only within the scope of this Agreement. For this purpose, the Licensee shall keep all documents and data carriers as secret as its own documents to be kept secret, and shall oblige every employee who has access to confidential information of the Licensor to maintain secrecy. The foregoing obligations shall survive termination of this Agreement for a period of three (3) years.
(2) The foregoing restrictions shall not apply to information that (a) was already in Licensee’s possession in written form prior to the conclusion of the Agreement or (b) has become available to the general public due to publications by third parties without Licensee’s intervention, whereby Licensee shall bear the burden of proof for the existence of these exceptions.
10. Restrictions for U.S. authorities
The software is a “commercial product” the development of which was financed solely by private enterprise and which consists of “commercial computer software” and “commercial computer software documentation” within the meaning of the applicable U.S. Acquisition Regulations. If Licensee is an agency, governmental entity or other instrumentality of the U.S. Government, the software is licensed (a) solely as a commercial product and (b) only with the rights granted to all other licensees under the terms of this Agreement. You, as Licensee, agree not to use, reproduce or disclose the software in any manner not expressly permitted under this Agreement. Nothing in this Agreement obligates the Licensor to prepare or provide technical data to you, the Licensee. The manufacturer is Additive Marking GmbH, Technologiepark 31, 33100 Paderborn, Germany.
11. Other
(1) Amendments and supplements to this contract must be made in writing. This shall also apply to the amendment or cancellation of the written form clause. Electronic documents in text form do not fulfill this form requirement.
(2) If the software is subject to (re-)export restrictions, Licensee shall comply with these provisions when exporting the software.
(3) This contract is subject to German law. If Licensee is an entrepreneur, the place of jurisdiction for all disputes arising from and in connection with this Agreement shall be Paderborn.
The software is a “commercial product” the development of which was financed solely by private enterprise and which consists of “commercial computer software” and “commercial computer software documentation” within the meaning of the applicable U.S. Acquisition Regulations. If Licensee is an agency, governmental entity or other instrumentality of the U.S. Government, the software is licensed (a) solely as a commercial product and (b) only with the rights granted to all other licensees under the terms of this Agreement. You, as Licensee, agree not to use, reproduce or disclose the software in any manner not expressly permitted under this Agreement. Nothing in this Agreement obligates the Licensor to prepare or provide technical data to you, the Licensee. The manufacturer is Additive Marking GmbH, Technologiepark 31, 33100 Paderborn, Germany.
11. Other
(1) Amendments and supplements to this contract must be made in writing. This shall also apply to the amendment or cancellation of the written form clause. Electronic documents in text form do not fulfill this form requirement.
(2) If the software is subject to (re-)export restrictions, Licensee shall comply with these provisions when exporting the software.
(3) This contract is subject to German law. If Licensee is an entrepreneur, the place of jurisdiction for all disputes arising from and in connection with this Agreement shall be Paderborn.
1German Law on Copyright and Related Rights