ConPresso License Agreement [22.09.2005]
Bartels Schöne GmbH & Co. KG, Münster, Germany
1. Preliminary remark:
This licence agreement refers to Bartels.Schoene's Content Management System ConPresso. The terms "ConPresso" or "system" used in this license agreement refer to all elements of the source code, all contents of the files supplied and all work related to it.
ConPresso is a work protected by copyright. The copyright is held by Bartels Schoene GmbH & Co.KG, Muenster, Germany.
Please read the following conditions carefully before using ConPresso. The conditions for using ConPresso are different when it comes to commercial and non-commercial purposes. Therefore please pay special attention to section 3 "Licence for Commercial Use".
If you have questions about this licence agreement, please contact Bartels.Schoene <licence@conpresso.com>>. For further information please refer to the ConPresso Website at http://www.conpresso.com.
2. Agreement:
If the licensee has not made another license agreement in writing with the Licenser of ConPresso, the Bartels Schoene GmbH & Co.KG, he gives his express consent to the conditions of this license agreement by downloading, installing or customizing ConPresso.
By accepting the license agreement, the licenser grants an non-exclusive and non-transferable license for the use of ConPresso to the licensee.
The licenser prohibits the use of the software, as a whole or in parts, if the licensee does not agree to some or all conditions of this license agreement.
3. License for Commercial Use
If ConPresso or a part of it is used for commercial purposes after a period of testing and customization, or if a fee is charged for customizing it for a third party that is going to use it, the licensee has to obtain a "Licence for Commercial Use".
A "Licence for Commercial Use" can be obtained at the ConPresso Website http://www.conpresso.com/.
4. License Scope:
Each license allows the installation of one copy of the the Content Management System ConPresso on one webserver and its use for one ConPresso project. If ConPresso is installed on several physical servers or if ConPresso is used for several projects, an equivalent number of licences is required.
However, this license agreement explicitly covers an unlimited number of websites and domains operated on one physical server and managed by one ConPresso project.
The scope of this license does not include lending or renting out ConPresso and it does not permit using it as a basis for other software or licensing it to others. For these purposes the licensee has to ask for an express and written authorization by the licencer
Licensees of a "Licence for Commercial Use" (see section 3) are allowed to resell ConPresso, however.
All rights to ConPresso, which are not expressly assigned to the licensee by means of this licensing agreement, remain with the licenser exclusively.
5. Warranty
Within the scope of this license ConPresso provided 'as is' without express or implied warranties. No express or implied warranties are accepted concerning the software's marketability and usability for a certain purpose.
Within the scope of this "Licence for Commercial Use" (see section 3) the licenser guarantees that the software is ready for use at the time of delivery. However, the licenser neither guarantees that ConPresso meets the requirements and purposes of the licensee nor that it will be compatible with other software.
The licensee bears all risks concerning the quality and performance of the system. If ConPresso should turn out to be faulty in any way, the licensee has to pay all costs resulting from services, repairs or corrections. If liability is neither stipulated by law nor agreed upon in writing, the licenser is in no case legally liable for any damages experienced by the licensee. This includes all general, particular, coincidental and any other damages which might result from the use or non-use of the system. This also includes the loss of data (caused by, for example, incorrect use or failure to secure data) and the provision of incorrect data, losses caused by the licensee or a third party and losses caused by a fault of the ConPresso system. This applies even if the user or any other party has been notified of possible damages.
Bartels.Schoene expressly prohibits the use of ConPresso in applications or systems, where malfunction of this software could, as far as anyone can judge, lead to physical injuries or to injuries causing death. The use of the system in such circumstances is at the user's own risk and peril. The licencer excludes any liability for damages or losses resulting from unauthorized use.
In case of a subsequent dispute based on this license agreement, the place of jurisdiction is Münster (Westphalia), provided that the licensee is a registered trader in the terms of the German Commercial Code (Handelsgesetzbuch).
Auf die vorliegende Vereinbarung findet ausschließlich deutsches materielles Recht Anwendung. Die Anwendung des Abkommens über den internationalen Kauf von Waren (CISG) wird ausdrücklich ausgeschlossen. Diese Vereinbarung stellt den vollständigen Vertrag zwischen den beiden Parteien dar und tritt an die Stelle aller früheren Verabredungen, Kaufverträge, Abmachungen und Vereinbarungen, es sei denn, der Lizenznehmer hat eine anderslautende schriftliche Vereinbarung mit dem Lizenzgeber getroffen.
This agreement is subject to German substantive law exclusively. The Convention on Contracts for the International Sale of Goods (CISG) is not applicable to this agreement. This agreement represents the complete contract between the two parties and replaces any former agreements, contracts, settlements and stipulations, unless these have been accepted explicitly and in writing by the licencer.
Copyright (c) 2002-2006
Bartels Schöne GmbH & Co. KG, Münster, Germany
All rights reserved.