PYTHA Lab GmbH
GENERAL TERMS AND CONDITIONS FOR SOFTWARE LICENSES

BY CLICKING ON “ACCEPT”, YOU ENTER INTO THE FOLLOWING AGREEMENT WITH PYTHA Lab GMBH. THESE GENERAL TERMS AND CONDITIONS OF PYTHA Lab GMBH ARE AVAILABLE ON THE WEBSITE OF PYTHA Lab GMBH. IF YOU DO NOT ACCEPT ALL OF THE TERMS SET FORTH BELOW, CLICK “DO NOT ACCEPT” AND THE INSTALLATION OF THE SOFTWARE WILL NOT CONTINUE.

These General Terms and Conditions of PYTHA Lab GmbH (hereinafter referred to as “PYTHA Lab”) consist of two parts which govern the conditions for the grant of rights to the contractual Software (hereinafter referred to as “Software”). Part I only applies if you have purchased a demo license to use the Software for testing purposes only. Or if you are using the “Viewer” software free of charge. Part II applies if you have purchased a royalty-based full license to use the attached Software.

If you have initially received a free demo license and would like to purchase a full license at a later date, please contact PYTHA Lab.

PART I - TERMS FOR A DEMO LICENSE FOR TRIAL PURPOSES AND FOR THE “VIEWER”

PYTHA Lab grants you a simple, non-transferable and non-sublicensable right of use the Software free of charge. The right of use is limited to the use for the purpose of testing the suitability of the Software for your internal use in order to determine whether a full license should be purchased retrospectively. The right of use is granted for a period of thirty days. The temporary and limited granting of rights of use does not include any claim to documentation, support services or other services. After expiry of the period of use, the Software must be deleted.

USAGE RIGHTS.
PERMISSIONS

You are permitted to use the Software on a single computer;

use the Software on a network, provided that any person accessing the Software over the Network owns license rights to a copy of the Software;
use the Software on another computer as long as only one copy per license is used at a time;

The contractually required use of the Software is limited to the reading of commands and data by loading the Software from the storage medium into the main memory of a host system for the purpose of subsequent intended use for test purposes only.

RESTRICTIONS

You are not permitted to:

allow third parties to use the Software;
allow multiple use of the Software;
modify the Software or develop derivative programs;
sublicense, transfer, decompile, disassemble or reverse engineer, unless this is necessary to obtain information necessary to establish interoperability with an independently developed computer program, and PYTHA Lab failed to provide you with this information within a reasonable time despite your request. Information acquired through such a measure shall not be used for purposes other than the establishment of interoperability and shall not be disclosed to third parties; in particular, they may not be used for the development, manufacture or marketing of programs that are similar to the Software; and
remove copyright or proprietary notices on the Software.

INTELLECTUAL PROPERTY. Ownership of all intellectual or industrial property rights in or to the Software remains with PYTHA Lab or its suppliers. Ownership and associated rights to content within the Software is owned by the respective third parties and may be legally protected. This license does not grant you any rights to third party rights.

WARRANTY DISCLAIMER. The Software is provided for a limited period of time and free of charge, therefore no warranty is assumed by PYTHA Lab.

LIMITATION OF LIABILITY. PYTHA Lab shall only be liable for damages, regardless of the legal grounds, including tort or breach of contract, exclusively in the event of gross negligence or intent on the part of PYTHA Lab. PYTHA Lab is not liable for the loss and recovery of lost data; in particular not if the loss could have been prevented by reasonable precautions on your part, in particular by the proper preparation of backup copies of all data and programs, at least once a day. Any liability of PYTHA Lab under this Subsection is also subject to the other limitations of liability provided for herein. In the case of simple negligence, liability is excluded if neither an essential contractual obligation nor life or limb has been injured, or if there is a case of delay or impossibility. PYTHA Lab shall only be liable for simple negligence in the event of a breach of an essential contractual obligation origin the event of damage resulting from injury to life, limb or health. PYTHA Lab is only liable for foreseeable damages, the occurrence of which must typically be expected. In the event of slight negligence, liability is limited to the extent of the regular license fee for the Software.

PYTHA Lab shall not be liable for any infringement of intellectual property rights resulting from changes to the Software made by you and which are not authorized in writing by PYTHA Lab, or is based on the use of the Software or parts thereof in connection with other products, processes or materials, or is due to your continuation of the infringement actions accused of, after you have been notified or notified of any changes that would have prevented the alleged breach or are based on your use of the Software in violation of the terms of this Agreement. In these cases, you must indemnity PYTHA Lab from all damages and costs or reimburse PYTHA Lab for those incurred as a result of any of the aforementioned circumstances.

In addition to liability for personal injury, the limitations of liability also do not apply to claims under the Product Liability Act and the provisions of the General Data Protection Regulation.

MISCELLANEOUS. To the extent that the Software you purchase is enclosed with a printed or other form of Hardcopy End User License Agreement whose terms differ from this Agreement, the Hardcopy End User License Agreement shall prevail. Otherwise, this agreement conclusively regulates the granting of rights of use hereafter and can only be changed by written agreement of the parties. This also applies to any waiver of this written form requirement.

ACCEPTANCE OF YOUR REQUEST IS SUBJECT TO THE EXPRESS CONDITION THAT YOU AGREE TO THE PROVISIONS CONTAINED HEREIN. ANY PURCHASING, PROCUREMENT OR OTHER GENERAL TERMS AND CONDITIONS OF YOURS SHALL NOT APPLY EVEN IF YOU HAVE REFERRED TO THEM IN YOUR PROPOSAL.

If any provision of this agreement is invalid in whole or in part, this shall not affect the validity of the remaining provisions of this agreement. The contracting parties shall endeavor to replace the invalid provision with a valid provision that comes as close as possible to the aim and purpose of the invalid provision.

German law shall apply exclusively. The provisions of private international law and the UN Sales Law (CISG) do not govern this Agreement.

Place of performance is Aschaffenburg. Subject matter jurisdiction has a court in Aschaffenburg.

PYTHA Lab GmbH
Inselstrasse 3
63741 Aschaffenburg, Germany
Germany
Phone +49 (0)6021 37060
Fax: +49 (0)6021 48455
email pytha@pytha.de
https://www.pytha.com

PART II - PROVISIONS FOR THE GRANTING OF LICENCES FOR CONSIDERATION

Upon payment of the applicable license fees, PYTHA Lab grants you a simple, non-transferable and non-sublicensable right to use the Software and the accompanying documentation.

RIGHTS OF USE.
PERMISSIONS

You are allowed to:

use the Software on a single computer;
use the Software on a network, provided that any person accessing the Software over the network owns license rights to a copy of the Software;
use the Software on another computer as long as only one copy per license is used at a time;
to make a backup copy of the Software, if this is necessary to secure future use. You will visibly attach the note “Backup copy” as well as all PROPERTY rights notices of PYTHA Lab to the created backup copy. When downloading the Software, the creation of a backup copy is prohibited, as a new download from the PYTHA Lab server is possible by specifying the license key; and
if you have acquired license rights for a pack of 10 or a pack of 50, make up to 10 or up to 50 copies of the Software (but not the documentation), provided that each copy contains all the proprietary notices of the original version. The number of copies authorized in each case may not be exceeded in any case, even if the copies are used on different platforms. Additional copies of the documentation can be purchased for a fee.

RESTRICTIONS

Outside of the acts of use permitted for the intended use, you are not permitted to:

allow third parties to use the Software;
allow multiple use of the Software for which a license (and not several licenses) has been purchased;
decompile, disassemble or reverse engineer the Software, unless this is necessary to obtain information necessary to establish interoperability with an independently developed computer program, and PYTHA Lab has not provided you with such information within a reasonable period of time, despite your written request. Information acquired through such a measure shall not be used for purposes other than the establishment of interoperability and shall not be disclosed to third parties; in particular, they may not be used for the development, manufacture or marketing of programs that are similar to the Software;
reproduce, modify, translate or edit the Software or documentation without the written consent of PYTHA Lab;
reproduce the Software; this does not apply to the creation of backup copies and the reproduction in the manner necessary for the intended use;
rent, lend, lease or otherwise sublicense the Software in whole or in part (in the case of versions of 10 or 50 packs), to reproduce or make it available to the public by wire or wireless means, or to make it available to third parties for a fee or free of charge. Exceptionally, you may only transfer the rights of use granted for a fee to third parties in their entirety if you inform PYTHA Lab in writing, the transferee acknowledges the provisions of this license agreement in writing as binding for himself and you completely cease the use of the Software, remove all installed copies of the program from your computers and all on other, delete copies or hand them over to PYTHA Lab, unless you are legally obliged to keep them for a longer period of time; and
remove proprietary notices or notices on the Software.

PYTHA Lab may object to a transfer if the transferee has a competitive relationship with PYTHA Lab or if the transfer results in an export or re-export of the Software that violates applicable export restrictions.

INTELLECTUAL PROPERTY. The ownership and all intellectual or industrial property rights in or to the Software remain with PYTHA Lab or its suppliers. Ownership and associated rights to content accessed through the Software are owned by the respective content provider and may be legally protected. This license does not grant you any rights to such content.

WARRANTY DISCLAIMER. PYTHA Lab warrants for a period of twelve months from the time of purchase, if the Software is operated in accordance with the regulations, the data carrier is free of defects and the Software fulfills the functionality described in the documentation. However, PYTHA Lab does not guarantee that the Software will always run uninterrupted or error-free and securely. Furthermore, the mechanisms, the PYTHA Lab has integrated into the Software, may have certain limitations; You must make sure in advance whether the Software sufficiently meets your requirements. In the event of a defect, PYTHA Lab shall, at its own discretion, be required to remedy the defect free of charge or replacement delivery is also justified. As long as PYTHA Lab carries out measures to remedy the defect, you have no right to reduce the remuneration or to withdraw from the contract as long as the rectification or replacement delivery has not finally failed.

The assumption of warranty obligations by PYTHA Lab requires that you immediately notify PYTHA Lab of defects in the Software and explain the manner in which the defect occurs. PYTHA Lab will make reasonable efforts to repair, replace or otherwise support in accordance with the above warranty within 30 days of receipt of a corresponding notification.

NO PYTHA Lab DEALER, SALES REPRESENTATIVE OR EMPLOYEE IS ENTITLED TO AGREE ON CHANGES, EXTENSIONS OR ADDITIONS TO THIS WARRANTY.

The warranty obligation does not apply if the Software is used on or in conjunction with versions of the hardware and Software programs other than those with which the Software is intended to be used according to the documentation.

In the case of simple negligence, liability is excluded if neither an essential contractual obligation nor life or limb has been injured, or if there is a case of delay or impossibility. PYTHA Lab shall only be liable for simple negligence in the event of a breach of an essential contractual obligation as well as in the event of damage resulting from injury to life, limb or health. PYTHA Lab is only liable for foreseeable damages, the occurrence of which must typically be expected. In the event of slight negligence, liability is limited to the extent of the license fee.

You are aware that, within the scope of your obligation to mitigate damages, you must in particular ensure the regular backup of your data and must take all reasonable additional security measures in the event of a suspected Software error.

PYTHA Lab shall not be liable for any infringement of intellectual property rights resulting from changes to the Software made after handover to you that are not authorized by PYTHA Lab in writing, or is based on or due to the use of the Software or parts thereof in connection with other products, processes or materials, as you continue any infringement actions complained of, after you have been notified or notified of any changes that would have prevented the alleged breach or are based on your use of the Software in violation of the terms of this Agreement. In these cases, you must indemnity PYTHA Lab from all damages and costs or reimburse PYTHA Lab for those incurred as a result of any of the aforementioned circumstances.

In addition to liability for personal injury, the limitations of liability also do not apply to claims under the Product Liability Act and the provisions of the General Data Protection Regulation.

TERMINATION. This license will automatically terminate if you do not comply with the restrictions set forth herein. Upon termination, you must destroy all copies of the Software and the documentation and must refrain from using it immediately. These conditions are applicable in case of a transfer of rights to a third party.

German law shall apply exclusively. The provisions of private international law and the UN Sales Law (CISG) do not govern this Agreement.

Place of performance is Aschaffenburg. The exclusive place of jurisdiction for all disputes is Aschaffenburg.

PYTHA Lab GmbH
Inselstrasse 3
63741 Aschaffenburg, Germany
Germany
Phone +49 (0)6021 37060
Fax: +49 (0)6021 48455
email pytha@pytha.de
https://www.pytha.com

PYTHA Lab GmbHGENERAL TERMS AND CONDITIONS FOR SOFTWARE LICENSES

PART I - TERMS FOR A DEMO LICENSE FOR TRIAL PURPOSES AND FOR THE “VIEWER”

USAGE RIGHTS. PERMISSIONS

RESTRICTIONS

PART II - PROVISIONS FOR THE GRANTING OF LICENCES FOR CONSIDERATION

RIGHTS OF USE.PERMISSIONS

RESTRICTIONS

PYTHA Lab GmbH
GENERAL TERMS AND CONDITIONS FOR SOFTWARE LICENSES

USAGE RIGHTS.
PERMISSIONS

RIGHTS OF USE.
PERMISSIONS