elementec IncidentManager 1.4

License Agreements

By opening the seal of the medium and by installing and using the software, you accept the following license agreements as well as the "general terms and conditions" of elementec Software & Consulting Dr. Peter Kullmann.

1. Terms

software - the complete contents of the files and data media, with which this agreement document file is sent. update - software, which updates an older version of the same software and thus establishes a newer version state of the software. usage - the installation, the access, the execution and other types of using the fucntions of the software as described in the documentation. elementec - elementec Software & Consulting Dr. Peter Kullmann, Wollgrasweg 49, 70599 Stuttgart, Germany.

2. Software license

As long as you agree with the license conditions in this document, elementec grants you a non-exclusive license for using the software in accordance with the purposes for which this software is intended and described in the documentation. Depending on the license you have purchased or received, one of the following paragraphs 2.1, 2.2 or 2.3 applies.

2.1 Single user license ("named user") for IncidentManager Small Business

You may install the software on one computer in your company. It is permitted to make backup copies of the software and to install the software as a precaution on one additional computer. One license permits the usage of the software on one computer by one user.

2.2 Network license ("concurrent user") for IncidentManager Business/Enterprise

You may install the software on an arbitrary number of computers in your company. This implies the installation on a server for making the software available in a network. It is also permitted to make backup copies of the software and install the software as a precaution on additional computers, such as notebooks. One license permits the concurrent usage of the software for data entry and maintenance by a maximum of one person. During the processing of a emergency, one additional user per license is permitted. For each additional user, who uses the software simultaneously (i.e. is logged in the system), an additional license is required. You commit yourself to ensuring that the number of purchased licenses is not exceeded at any time.

2.3 Demo license

This license corresponds to 2.2, but expires with the end of the agreed testing period. When the testing period has expired, the software has to be uninstalled from all computers.

3. Copyright and intellectual property

The software and all copies of the software, that you may produce, are intelectual property of elementec and belong to elmentec. The software is procetected by copyright laws and may only be copied under the terms of section 2. All copies which you produce according to these agreements must be complete and must contain the same copyright notices as the original software. You accept, that you may not modify or adapt the software in any way. You also accept, that you are not allowed to decompile deassemble, do "reverse engineering" or to determine the source code or the internal functionality of the software. All information and documents that are provided by elementec concerning the software and its functionality may not be made accessible to third persons or used for creating other software, which substatially corresponds to the original software. The usage of trade marks is only permitted for documents (e.g. print-outs, reports and presentations) which are closely related to the software.

4. Transfer of license

You may not rent, sublicense or lend the software, neither in parts nor as a whole. You may not approve the creation of copies by a third party, except for the explicitely permitted purposes. You may transfer all your rights to another natural person or legal entity, provided that this persons or entity knows and accepts these license agreements, that you completely hand over the software and not retain any copies.

5. Updates

If you purchase an update for the software, you may use the previous version after receiving the update to facilitate the migration to the new version. This right is granted only under the condition that that the update and the previous version are installed on the same computer and that the previous version is not transferred to a third party on to another computer. By puchasing the update, all obligations for supporting the previous version by elementec are terminated.

6. Backup

You agree that you create daily backups of the database in a suitable form and that you archive these backups in a suitable way. elementec cannot be made responsible for any loss or damage of data, if the aforementioned backup was not created. In this context refer to the liability exclusion in the "general terms and conditions" §5 sect. 9.

7. Compensation

If the customer does not adhere to the condition no. 2 to no. 5, elementec is entitled to claim an amount of 5 times the license fee as a compensation for the losses of elementec. This regulation does not apply if elementec can prove a higher damage or the customer can prove a lower damage.

8. General conditions

If these agreements contain gaps or individual agreements are partially or entirely non-effective or become so, the remaining agreements remain effective. In this case the content of the non-effective agreements are replaced by the regulations which are in effect by governing law.

If you have questions concerning these license agreements, please contact a sales representative of elementec (sales@elementec.de)