Trial License
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License
Agreement on the use of trial software
Data Virtuality GmbH, Katharinenstraße 15, 04109 Leipzig, Germany, hereinafter the “Licensor“, and you as the “Licensee“ close the following agreement on the Licensee’s use of the trial software, which the Licensor makes available to the Licensee. The Licensor shall provide the software Data Virtuality Suite (hereinafter “Software“) distributed by the Licensor to the Licensee for trial purposes.
Trial Use
The Licensee shall use the Software for trial purposes only.
For the trial period of 30 days from the date of the download, the Licensee shall be granted a non-exclusive, non-transferable, license to use the Software. This usage right shall be limited in any case by the purpose of testing; it shall only comprise those uses of the Software that are necessary to test the Software’s functionalities. It shall also be limited to the 30 days mentioned above.
The Licensee shall not be entitled to make the Software available to persons who are not employed by the Licensee. The Licensee shall oblige any person that is granted access to the Software to secrecy as specified herein. Any disclosure of the Software to a person or company not employed by or affiliated with the Licensee shall be excluded.
After expiry of the trial period, the Licensee shall be obliged to erase the Software in all its manifestations completely and in a non-recoverable way from the hardware it was installed on and to destroy all copies of it. This shall not apply in case the Parties agree upon a further usage of the Software.
The Software contains third-party components, including open source software. These components are subject to additional license terms. Such additional license terms are available at www.datavirtuality.com/download and will furthermore be referred to during the installation routine or in the accompanying documentation.
Confidentiality Obligation
The Licensor has a vital interest to protect the Software and its content, form, structure, visual design, encoding and encryption as well as all parts and aspects of the Software in its entirety. Accordingly, the Software and its parts represent confidential trade and business secrets – as far as it is not publicly available - especially within the meaning of the Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb, UWG).
The Licensee shall be obliged to keep the Software strictly confidential and not to disclose it to third parties in any form.
The Licensee shall be prohibited to use the Software and the information gained from it for any purpose other than the trial agreed upon.
This obligation to confidentiality shall remain binding upon the Licensee after the end of the cooperation between the two parties.
The Licensee is aware of the fact that the infringement upon trade and business secrets represents a criminal act according to §§ 17, 18 UWG and can be punished with imprisonment of up to three years and, in serious cases, of up to five years. Moreover, a person infringing upon trade and business secrets is obliged to pay compensation for damages according to § 19 UWG.
Contractual Penalty
In any case of non-compliance with this Agreement, the Licensee shall forfeit a contractual penalty - excluding a continuation of offence - amounting to 10.000,00 EUR made payable to the Licensor. The Licensor’s right to assert damage claims shall remain unaffected thereby.
Liability
The Licensee is aware of the fact that he is testing a Software that is functionally limited and may contain some programming errors. The Licensee is hereby informed that this may result in irreversible data loss.
Accordingly, the Licensee must not use the Software for any business-relevant processes.
For the reasons mentioned above the Licensor does not assume liability for the Software being error-free. In particular, the Licensor does not guarantee that the Software fulfils the requirements and purposes of the Licensee or works with other programs chosen by the Licensee. The responsibility for the right choice and the consequences of the use of the Software and the results intended or gained by its use shall rest with the Licensee.
The Licensor shall not be liable for damages resulting from the use or the inability to use the Software (this includes without limitation any damages from loss of profit, business interruption, loss of business information or data, or other financial loss) even if the Licensor has been informed of the possibility that such damages may occur. This shall not apply in cases of mandatory liability due to malicious intent or gross negligence.
Applicable Law and Jurisdiction
This Agreement and any obligations arising from it, including any possible damage claims, shall be governed by the substantive and procedural law of the Federal Republic of Germany to the exclusion of its conflict of law provisions. Exclusive place of jurisdiction for any disputes shall be the place of the Licensor’s registered office.