novaCapta

novaCapta Software & Consulting GmbH, the developer and legal owner of the Software, its source code and any documentation.

Licensee

An individual or organisation that accepts this software licence agreement. Note that the terms of this agreement apply also to individuals and organisations who are testing the software and have not yet made a decision to purchase.

Agreement

This document, which grants the Licensee a non-exclusive, non-transferrable right to use the licence to the Software as given by novaCapta.

Software

Any computer software program of programs in object code form owned or distributed by novaCapta.

The Software that accompanies this licence is the property of novaCapta and is protected by national and international copyright law. While novaCapta continues to own the Software, you will have certain rights to use the Software after your acceptance of this licence. Except as may be modified by a licence addendum which accompanies this licence, your rights and obligations with respect to the use of this Software are as follows:

You may use the software on the number of web applications, servers or workstations allowed by the contract between you (an individual person or organisation) and novaCapta. The exact limitations on the number of web applications, servers or workstations can be found in the invoice sent to you by novaCapta or on other documentation provided by novaCapta during the ordering process. Unless otherwise stated on the invoice or in the ordering process, there is no limitation on the number of users who access the software, as the number of web applications, servers or workstations is generally the relevant figure.

You are permitted to make one (1) backup copy of the software for use on the same web application, server or workstation as given in the previous paragraph. The Software contains copyrighted material, trade secrets and other proprietary material. You must reproduce on all such copies of the Software the copyright notices and any other proprietary legends that were on the original copy of the Software.

(c) You may not rent, lease or otherwise transfer the Software, your licence key or the Software’s documentation to any other party. You shall not, without the prior written permission of novaCapta, nor permit anyone else to, decompile, reverse engineer, disassemble, make any attempt to discover the source code of the Software or otherwise reduce the Software to a human perceivable form, or to modify, network, rent, lease, loan, distribute, or create derivative works based upon the Software or the documentation in whole or in part. The only exception to this rule is expressly and specifically provided in the EEC Council Directive of 14th May, 1991. Any and all information obtained during such lawful reverse engineering and/or decompiling activities, including but not limited to, the organisation, logic, algorithms and processes of the Software, shall be deemed to be the confidential and proprietary information of novaCapta or its Licensors.

You may not redistribute the symbols, copyrights, logos or trademarks of novaCapta without prior written permission.

novaCapta warrants that the media on which the Software is distributed will be free from defects, and that the Software shall perform substantially as described in its documentation for a period of sixty (60) days from purchase. Your sole remedy in the event of a breach of this warranty will be that novaCapta will, at it its option, replace any defective media returned to novaCapta within the warranty period or refund the money you paid for the Software. novaCapta does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.

THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM COUNTRY TO COUNTRY.

You shall indemnify and hold novaCapta harmless against any damages caused by improper use of the Software, where its correct use is given by the Documentation provided by novaCapta. Furthermore, novaCapta is not liable for any damages caused by any other means other than by the Software itself, where it has been used in accordance with the Documentation.

novaCapta stresses that liability will not be held in cases where the licensee has not met the technical requirements for installing the software before trying to do so.

novaCapta shall not be held liable for any losses resulting from the use of any programs that are not from novaCapta, whether the Licensee uses the other programs independently or in conjunction with novaCapta’s Software. The exception to this is for any programs that are listed in the Documentation as prerequisites for the Software. In these cases, novaCapta will only accept liability if the damages were caused by its own Software.

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL novaCapta BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF novaCapta HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In any case, the extent of novaCapta’s liability shall not exceed the fees paid to novaCapta for the licence of the Software.

The limitations of liability listed above apply also to employees and contractors of novaCapta, as well as organisations that are related to novaCapta.

The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

Termination of the Contract:

• This agreement shall remain in place until either party cancels it. Upon cancellation, all copies of the Software and its Documentation held by the Licensee must be destroyed.
• novaCapta has the right to cancel this licence agreement at any time and without prior notice if the Licensee breaks any term of this agreement or acts contrary to any other written Documentation given by novaCapta, including (but not limited to) email communication prior to or during the ordering process. Such a cancellation shall have no bearing on novaCapta’s right to seek compensation for any damages caused by these breaches of agreement.
• In other circumstances (i.e. when there has been no breach of contract), either party is permitted to end this contract for any reason, provided they give the other party 30 days’ written notice.

This Software is subject to export regulations and may not be exported without prior permission.

You are entitled to free technical support during your trial of the Software. After purchase, you are only entitled to technical support and software upgrades if you have an active Maintenance & Support agreement with novaCapta. More information on these agreements can be obtained from novaCapta.

The developer and owner of this Software is novaCapta Software & Consulting GmbH, Stockgasse 11, 96155 Buttenheim, Germany.

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

• the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
• the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.

Furthermore, the invalid, illegal or unenforceable provision shall be deemed to be replaced or complemented by a valid, legal and enforceable provision that most closely represents the original intention of the provision in terms of the economic goals understood by the parties when they agreed to the terms of this Agreement.

This Agreement will be governed by the laws of Germany. This Agreement may only be modified by a licence addendum which accompanies this licence or by a written document which has been signed by both the Licensee and novaCapta. Should you have any questions concerning this Agreement, or if you desire to contact novaCapta for any reason, please write to: novaCapta Software & Consulting GmbH, Stockgasse 11, 96155 Buttenheim, Germany.

novaCapta Software & Consulting GmbH, Buttenheim, Germany. December 2011.