PLEASE READ CAREFULLY THROUGH THE FOLLOWING SOFTWARE LICENCE AGREEMENT.

BY INSTALLING OR USING THE SOFTWARE IN ANY WAY, YOU EXPLICITLY AGREE TO BE BOUND BY THE CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SOFTWARE.

THE SOFTWARE IS INTENDED EXCLUSIVELY TO BE USED ON A SINGLE COMPUTERSYSTEM (WORKSTATION). YOU MAY NOT PASS ON THE SOFTWARE-INSTALLATIONSFILE TO A THIRT PARTY.

THIS SOFTWARE IS ALLOWED TO BE USED EXCLUSIVELY ON A COMPUTERSYSTEM VERIFIED AND PROVIDED BY THE LÜHRS GERÄTEBAU GMBH ONLY: EXCEPTIONS HEREBY ARE ONLY POSSIBLE AFTER WRITTEN PERMISSION BY LÜHRS APPLIANCE LTD IN SIGLE OCCASIONS.

§1 Subject matter of agreement

 This agreement refers to the computer programs, program specifications and user manual hereinafter called "software".

• The user is granted the right to use the software free of charge.
• The software was developed by and conforms to the latest technological standards. Mr. Siegfried Biste "Author" of this software in order of Lührs Gerätebau GmbH however points out, that the latest technological standards do not guarantee software programs to function entirely without error in all applications and combinations.
• Lührs Gerätebau GmbH offers the software exclusively –with separate license key – pre installed and on data carrier. Updates may be also offered as downloads from its server http://lwww.lgbgmbh.de. Thereby Lührs Gerätebau GmbH will not be responsible for its transfer to the user’s computer.

 

§2 Scope of application

Lührs Gerätebau GmbH grants the software owner a single (1), non-exclusive, personal right ("License") to use the software on exactly one computer system and in exactly one location only as detailed below:

• The software may be install on exactly a computer system, load it into the memory and run it accordingly.
• The software may by used exclusively for the VoluMeter-Feeding only. Similarly, the software must not be used in a home office and/or for other - commercial or business purposes – not conforming to its conventional use.
• The creation of one (1) backup copy of the software witch serves exclusively safety purposes, is valid

 

 §3 Special restrictions

• The user is forbidden in particular to reproduce the software in whole or in part on the same or other media outside the limits indicated in §2;3.
• To separate the components of the software in order to use them in more than one computer; to modify, translate, reverse-engineer, decompile, disassemble or generate works derived from the software, or to reproduce, translate or modify the written material or generate works derived there from.
• To pass on, rent or lease the software to a third party, or to use it in any other form for commercial purposes. This also applies to copies of the software. Sole exception:Sale or lease of the entire VoluMeter-Feeding.
• To pass on the software or copies thereof to a third party in return for payment. This software package may not be distributed on commercial data media (e.g. sampler CDs, shareware CDs, OEM versions) without the permission of the Licensor.

 

 §4 Distribution of rights

• This software is protected by copyright. All rights arising from the copyright are the property of the Lührs Gerätebau GmbH The copyright covers in particular the program code, documentation, appearance, structure and organization of the program files, program name, logos and other forms of representation within the software.
• The purchaser of this software is only granted the right to individual use of the software. This does not imply conferral of any rights to the software itself. Lührs Gerätebau GmbH reserves all rights of publication, reproduction, editing and utilizations.

 

§5 Term of agreement

• The agreement is concluded for an indefinite period. The purchaser right to use the software shall end automatically without notice in the event of non-compliance with any of the conditions of this agreement.
• On termination of the right of use, the owner of this software is obliged to uninstall the software from his/her computer system. He/she is also obliged to destroy all copies of the software together with all written material and all copies thereof, including any modified copies.

 

 §6 Warranty

• The right to use this software is granted to the user free of charge. It is not therefore subject to any sales or warranty legislation. The Licensee must accept this program in its currently available form, and is consequently not entitled to any warranty claims.

 

 §7 Liability

• The Author in conjunction with Lührs Gerätebau GmbH guarantees the suitability of the product for the contractual purpose, as described in the program specification and user manual. No liability is accepted in respect of the suitability of the software for the user’s purposes and its compatibility with the user’s existing software.
• Damage claims against Lührs Gerätebau GmbH are excluded irrespective of legal basis, particularly on grounds of delayed performance or impossibility, neglect of advisory and accessory contractual obligations, pre-contractual duties, defective performance, violation of third-party industrial property rights and unlawful acts, unless Lührs Gerätebau GmbH has acted with intent or gross negligence or unless the damage claims result from the failure to ensure a warranted quality.
• Insofar as reasons for liability on the part of the owner of the software exist, the damage claim shall be limited to the extent of the foreseeable damage. Compensation for consequential damage such as loss of profit is excluded in all cases. This damage limitation clause shall not apply if the event giving rise to the damage was caused with intent or gross negligence by one of its legal representatives or senior employees.
• All damage claims against Lührs Gerätebau GmbH shall expire by limitation six months after the receipt of the software. This does not apply to claims based on unlawful acts.
• These provisions do not apply to claims based on product liability legislation.

 

 §8 Damage minimization obligation

• he user is explicitly reminded that he/she must make backups of the data on his computer at adequate, regular intervals (normally once a week). Failure to do so shall constitute a breach of the Licensee’s damage minimization obligation, and Lührs Gerätebau GmbH shall not be liable for any resultant damage.
• The user is explicitly reminded that he/she must not use the software in not conventional hazardous environments in which non fault-tolerant operation is imperative (e.g. high-risk activities such as the operation of nuclear power installations, defense systems, air navigation or communication systems or life-support machines). Failure to observe this condition shall constitute a breach of the user damage minimization obligation, and Lührs Gerätebau GmbH shall not be liable for any resultant damage

 

 §9 Contractual amendments and protective clause

• These conditions of use apply in the currently applicable version as published in the website http://www.lgbgmbh.de.
• These and the terms of conditions (TOC`) of Lührs Gerätebau GmbH shall still form part of the contract even if they differ from those of the purchasers, even where not expressly contradicted by the Licensor.

 

  §10 Choice of law

• This agreement is subject to the law of the Federal Republic of Germany. All legal relations between the parties, including the law of tort, the validity, interpretation and fulfillment of the contractual provisions shall be subject to the law of the Federal Republic of Germany. The place of jurisdiction shall be Diepholz, Germany.

 

  §11 Final provisions

• All supplements to this contract, including this clause, must be made in writing. Should any provision of this agreement be or become invalid or unenforceable, this shall not affect the legal validity of the other provisions. In this case, the invalid or unenforceable provision shall be replaced where possible by a legitimate provision with an equivalent commercial intent.

Terms of Condition (TOC`s)

of Lührs appliance construction Ltd.

Dear Costumer

Since our TOC`s are legally binding only in Germany the have not been translated!

We are very sorry,  but the above information is therefore only available in German at this time.

 Lührs Gerätebau GmbH | Am Langen Lande 4 | 49453 Rehden - Germany                                                                            * QUALITY PRODUCTS  - out of the practice for the practice *