Terms and Conditions
This page contains our General Business and Licensing Conditions.
1. Subject-matter of the conditions
The agreement between the Customer and SysNucleus regarding the software download or the delivery of the licensed programs shall come into force when the Customer, following choice of product, order placement and payment of the licence fee, has downloaded the licensed programs involved or received an order confirmation for the delivery of the licensed programs via email or by post.
The downloading operation, and every installation of the licensed programs, signifies implied acceptance of these licensing conditions. The downloading or delivery of the licensed programs and the granting of usufructuary rights to them shall be explicitly tied to compliance with these General Business and Licensing Conditions.
Explicit, written or electronic consent from Customer shall not be necessary in order to effectively agree the applicable validity of these General Business and Licensing Conditions.
2. Industrial property rights and denotations thereof
The licensed programs are the property of SysNucleus, and protected by copyright laws, industrial property rights, and other national statutory provisions, plus laws and agreements concerning intellectual property.
SysNucleus reserves all rights, particularly copyrights, patent rights, brand rights and further industrial and other property rights to the licensed programs, the documentation, and changes to and derivations from these. The Customer receives merely a usufructuary right to the licensed programs and documentation, and not ownership.
Identifications, brands, or references denoting industrial property rights or other forms of legal ownership within the licensed programs may be neither removed nor altered. They must be transferred together with the programs on every copy.
3. Usufructuary rights
SysNucleus grants to the Customer, after registration and payment of the licence fee, the non-exclusive right to install, to load and run the licensed programs on a maximum of three computer systems per licensed user. Note that a licence must be purchased for each person who uses the licensed programs. A licence is thus tied to a particular person.
The Customer shall be entitled to additionally create a back-up copy and customary data back-ups in reasonable numbers.
The Customer shall furthermore be entitled to alter the licensed programs so as to enable them to interact with other software programs.
In the case of an alteration required in order to establish interoperability or for remedying a fault, the licensed programs may be edited.
The Customer shall be entitled to pass on or sell the licensed programs to a third party once in all. In this case, the Customer shall transfer to the purchaser or acquisitor all copies of the licensed programs he has created, or erases them. The licensed programs may be neither rented out, leased, loaned nor transferred in the form of sub-licences.
Any further utilisation of the licensed programs shall require an additional granting of rights by SysNucleus.
4. Restrictions on use and utilisation
The use and utilisation of the licensed programs for military, nuclear-engineering, aviation and automotive-engineering purposes are explicitly prohibited. If the licensed programs are to be used directly or indirectly in one of the above-mentioned fields or in other software-controlled or influenced fields where human life or health may be at risk, this shall require a prior explicit agreement with SysNucleus.
SysNucleus shall not be obligated to provide maintenance for the licensed programs. SysNucleus shall, however, at its discretion and at intervals specified by SysNucleus, supply the customers with minor updates to the licensed programs free of charge. Note that minor updates contain corrections of errors and improvements to the licensed programs.
SysNucleus shall inform the Customers about the chargeable provision of major updates to the licensed programs, and shall make these major updates available to them for downloading or delivery on data carriers following payment of the price concerned. Major updates shall contain new, additional functionalities besides correcting errors and improving the licensed programs.