General Terms of License for Voith Turbo ALADIN.

IMPORTANT: THESE TERMS OF LICENSE ARE A LEGALLY BINDING DOCUMENT BETWEEN YOU (EITHER A NATURAL PERSON OR, IF BOUGHT OR OTHERWISE ACQUIRED THROUGH OR BY A LEGAL PERSON, A LEGAL PERSON) AND VOITH TURBO GMBH & CO. KG. READ THEM THROUGH THOROUGHLY BEFORE INSTALLING AND USING THE SOFTWARE. WITH THESE TERMS OF LICENSE, THE RIGHT TO USE THE SOFTWARE IS ASSIGNED TO YOU. THE TERMS OF LICENSE FURTHERMORE CONTAIN INFORMATION ON THE WARRANTY AND EXCLUSIONS OF LIABILITY. BY INSTALLING AND USING THE SOFTWARE, YOU ACCEPT THESE TERMS OF LICENSE UNCONDITIONALLY. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT INSTALL THE SOFTWARE.

(1) Granting of the license:

 (a) You may install and use the software on one single computer OR you may install and store the software on a storage device (such as, for example, a network server) which is only used for the installation of the software on the other computers via an internal network, provided that you have an own license for each computer on which the software is to be installed and run. A license for the software must neither be shared nor installed or used on several computers concurrently.

(b) It is only permissible to make one single copy of the software for backup purposes in a machine-readable format. The copyrights and other notes on property rights contained in the original have to be reproduced and must be contained in the backup copy of the software. Any backup copies of the software must neither be sold nor yielded.

(c) The license rights granted in this end-user licensing agreement are not exclusive. 

 (2). Intangible property rights

This license grants a restricted license for using the software. Voith Turbo GmbH & Co. KG and its suppliers retain all property rights, including all copyrights and intellectual property rights, in the software and all copies thereof. All rights not explicitly granted in this licensing agreement, including all domestic and foreign copyrights, remain with Voith Turbo GmbH & Co. KG and its suppliers.

 (3). WARRANTY AND EXCLUSION OF LIABILITY

 (a) Irrespective of the legal ground, Voith is liable for any damages caused by the culpable breach of a substantial contractual obligation, in a way that the achievement of the purpose of the contract is endangered. The liability is limited to the contract-typical damage the arising of which Voith had to reckon with upon conclusion of the contract due to the circumstances known at that time.

 (b) Voith is not liable for the lack of economic success, lost profit, consequential harms caused by a defect and third-party claims, except for claims based on the infringement of industrial property rights of third parties through the license material. Especially in the following cases, there is no liability assumed: Inappropriate or improper use, faulty installation or use of unsuitable operating systems.

 (c) The amount of damage in accordance with para. (1) and para. (2) is limited to the amount of the one-time charge of the program which is the cause of the claim or which is the proximate cause of the damage. Decisive are the charges valid at the time of accrual of the claim without value-added tax.

 (d) Voith is liable for the loss of data and their recovery in accordance with para. (a) to (c) only if the licensee has regularly carried out system checks and data backups (at least once a day) and only if the data is reproducible from databases kept ready in a machine-readable form, with a justifiable effort. 

 (e) The liability of Voith for any damages caused by gross negligence or intent by members of its management or its executive personnel as well as a possible liability of Voith for the infringement of third-party copyrights due to the contractual use of the license material and for claims based on the Product Liability Act remain unaffected.

 (f) Further claims are excluded.

(4). Inherent basis of the contract

The restricted warranty and the exclusion of liability, the warranty claims and the restricted liability are fundamental terms of the contract between Voith Turbo GmbH & Co. KG and you. Without these restrictions, Voith would not be able to offer the software economically reasonable. The restricted warranty, the exclusion of liability, the exclusive remedies and the limitations on liability also apply to the licensers of Voith Turbo GmbH & Co. KG .

(5). Software of third-party suppliers

The software might contain software of third-party suppliers for which certain notes and/or additional terms of contract are required. By accepting these terms of license, you also accept the additional terms of contract.