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PHS END USER LICENSE AGREEMENT November 06, 2018

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. BY USING THE SOFTWARE PHS YOU ACCEPT ALL TERMS OF THE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.

1.) DEFINITIONS

1.1) LICENSOR: Fraunhofer Gesellschaft zur Foerderung der angewandten Forschung e.V., Hansastr. 27c, 80686 Muenchen, Germany, as legal entity of Fraunhofer- Institut fuer Techno- und Wirtschaftsmathematik, Fraunhofer-Platz 1, 67663 Kaiserslautern, Germany.

1.2) LICENSEE: The user of PHS under this License Agreement.

1.3) LICENSED SOFTWARE: The Software PHS in source code and object code form including all executable programs.

1.4) DOCUMENTATION: The PHS user's guide, e-mails and other explanatory materials accompanying the LICENSED SOFTWARE in printed or electronic form.

2.) OWNERSHIP / INTELLECTUAL PROPERTY RIGHTS

LICENSEE acknowledges that ownership and all intellectual property rights related to the LICENSED SOFTWARE and to the DOCUMENTATION, including patents, copyright, company or trade secrets remain with the LICENSOR.

LICENSEE promises to keep and not to modify the copyright notices of the LICENSOR.

3.) SCOPE OF LICENSE

3.1) Provided LICENSEE accepts all terms of this License Agreement, LICENSEE is granted a non-exclusive, non-assignable right to use the LICENSED SOFTWARE, which means LICENSEE may use the software for an unrestricted number of users, as well as use the accompanying DOCUMENTATION by the actual number of users.

3.2) Without prior written consent of LICENSOR or an authorized partner, LICENSEE may modify the source code and use the modified version of the LICENSED SOFTWARE for internal use only.

3.2.1) LICENSEE must inform users of modified versions about the fact that the software differs from the original version.

3.2.2) The LICENSED SOFTWARE and the modifications generated by LICENSEE shall remain the property of LICENSOR and no rights, including but not limited to the right to apply for industrial property rights, are granted to LICENSEE.

3.3) Without prior written consent of LICENSOR or an authorized partner, LICENSEE may not:

  • use, copy or distribute the LICENSED SOFTWARE except as provided for under sections 3.1 and 3.2.
  • provide commercial turn-key solutions based on the LICENSED SOFTWARE or commercial services for the LICENSED SOFTWARE to any third party.
  • rent or lease the LICENSED SOFTWARE and DOCUMENTATION to any third party.
  • modify, adapt, or translate the LICENSED SOFTWARE for any third party.

3.4) The license under this License Agreement relates to the LICENSED SOFTWARE.

4.) LIMITED WARRANTY AND LIABILITY

4.1) LICENSOR confirms that the LICENSED SOFTWARE has been developed without infringement of any rights of third parties, in particular patents, copyrights or other intellectual property rights of third parties. Nevertheless LICENSOR does not warrant that the use of the LICENSED SOFTWARE by LICENSEE does not infringe any third party intellectual property rights.

4.2) LICENSEE is aware that there is a risk that the LICENSED SOFTWARE might damage the data or the computer of the LICENSEE or even other computers on the network in unpredictable ways. The use of the LICENSED SOFTWARE is at the exclusive risk of the LICENSEE. LICENSOR does not offer any warranty either expressed or implied and is not liable for any damages resulting from the use of the LICENSED SOFTWARE or DOCUMENTATION such as, but not limited to, data loss.

4.3) Notwithstanding sections 4.1 and 4.2, the liability of the LICENSOR, its legal representatives and employees resulting from breach of duty or tort is restricted to damages caused intentionally or by gross negligence. In any case, the liability under this section is limited by typical, foreseeable, direct damages. The liability is unrestricted for damages of the body, life or health.

5.) MISCELLANEOUS

This License Agreement in English is the original one. The terms of this Agreement can only be modified or amended in writing. In case of interpretation controversies the terms of this Agreement shall prevail over the respective terms of any other agreements.

This Agreement is construed under the Law of the Federal Republic of Germany. Therefore, any and all controversies resulting out of this Agreement shall be resolved under the Law of the Federal Republic of Germany excluding the German International Private Law Rules. The application of the UN-Convention of the International Sales of Goods (CISG) is explicitly excluded. Exclusive venue of jurisdiction for both parties shall be Munich, Germany.

In case that one or several of the terms of this Agreement should be or become invalid or unenforceable, the validity of the other terms shall remain unaffected. In such a case, the parties shall replace the invalid or unenforceable condition by another legally effective provision meeting the purpose of the abolished provision to the greatest extent. The same applies in ase of a gap of regulation.