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The English translation of our General Terms of Licence is no binding version. It serves for information purposes only. The original German text is legally binding.
General Terms of Licence
for Software Products of Geodog GmbH, Rüdesheimer Straße 11, 80686 München, Germany
Minimum system requirements for GeodogTMApp:
Windows PC with XP Home or Professional (Service Pack 2 or higher) or Vista 32 bit; Windows 7; CD- ROM drive; USB 1.1 port; screen resolution 1024 x 800 or higher; Internet-access for map display and updates.
Minimum system requirements for GeodogTMMobile and GeodogTMMobilePro:
Smartphone, Windows Mobile 6.0 and higher Smartphone, Windows Mobile 6.5 and lower or Android.
1. Scope of Application
These Terms of Licence are complementary to our General Terms & Conditions and our Special Privacy Policy. A valid version of the Terms of Licence is available on our website under “General Terms of Licence”. Moreover, we will send you the Terms of Licence together with an order confirmation. In case of doubt, the Terms of Licence published on our website prevail. We explicitly reserve our right to alter and amend the conditions in case a juridical declaration of ineffectiveness of a provision leads to a loophole which makes it difficult to carry out the contract and which can only be overcome by an alteration or amendment of said provision. We shall not accept any conflicting terms of licence as part of the contract.
2. Subject matter of Licence
2.1. Subject of this licence is the standard software GeodogTMApp, which is included in the delivery of every GEODOG® basic set or is available for download for our customers at our website, as well as available updates for the GeodogTMApp standard software.
In addition, the GEODOG® basic set includes a test version for Windows Mobile®, which you might use for one week for test and evaluation purposes only.
2.2. In case you acquire additional software products, especially Geodog TMMobile or Geodog TMMobilePro in order to utilize additional functionalities of the GEODOG® product, this software shall also be covered by this licence.
2.3. The licencee shall take care by himself for the minimum technical requirements of his PC for the installation of the software GeodogTMApp. The licencee shall also take care by himself for the minimum technical requirements of his PC or mobile phone if he acquires a licence for additional software products.
2.4. We advert to the fact that it is impossible to develop software in a way that it always runs faultlessly in all applications and combinations. For this reason, the subject matter of this licence is the software which, in the sense of the software description and the user manuals of the product and the device, can generally be used failure-free.
3. Copyright
3.1. The respective software is protected by copyright. The customer only gains ownership of the respective data medium (CD-ROM). The customer acknowledges that he has no other rights for the software than those stipulated in this licence agreement, but that these rights remain with the licenser or respective sole copyright owner. There is no entitlement to receive the source codes.
3.2. Displays are presented with the aid of GoogleTM, GoogleTM Maps, GoogleTM Maps Mobile, BingTM (formerly Microsoft Virtual Earth) and/or Open Street Map. We are not the owners of these trademarks. The trademark rights for these brands are owned by the respective owners of the trademark. GoogleTM, GoogleTM Maps, GoogleTM Maps Mobile, BingTM (formerly Microsoft Virtual Earth) and Open Street Map continue being the copyright owners of their products and services. Inasmuch as the customer himself makes use of products and services of the above businesses, the general terms and conditions of these companies apply.
4. Rights of Use
4.1. Within the scope of these Terms of Licence the customer is granted a non-exclusive, personal right (licence) to use the respective acquired software in the as-ordered version. The customer is obligated to use the software only for his own purpose and only in connection with the GEODOG® product.
4.2. The customer is allowed to copy the software only insofar as this is required for the contractual application of the software. Therefore, the customer is allowed to install the software on his computer. Moreover, he is allowed to make and keep a backup copy of the original CD-Rom for his own use. The backup copy must be labelled as such. It is not allowed to use the backup copy at the same time as the original version.
4.3. Apart from the above the customer is not allowed to copy the software or parts of the software. The customer may not commercially redistribute or sub-licence the software or parts of the software. He may only transfer the software or parts of the software to another party subject to the requirements under Section 5.
4.4. The customer may not amend, delete or otherwise make unrecognizable copyright annotations, trademarks and other legal reservations, serial numbers and other product identification marks in the software and the user manual
4.5. The customer may not change the software. A decompilation of the software is only allowed subject to the legal restrictions of § 69e Copyright Law. Further decompilation is excluded.
5. Transfer, Sub-licence
5.1. The customer may only transfer the software GeodogTMApp to another party provided that the receiving party declares in writing to the licenser that he accepts the continuance of the terms and conditions of this licence. The customer may only transfer the software GeodogTMApp only together with the associated hardware (GEODOG® positioning collar). Upon request, the licenser will inform the customer by email, if the receiving party has sent his written acceptance of the continued validity of these General Terms of Licence.
5.2. In case of a transfer the customer shall hand over all original data media including any existing backup copies as well as the user manual and other accompanying documentation. The customer has to remove the software GeodogTMApp completely from his computer so that it cannot be regained. For this purpose, the customer is required to use the GEODOG® Uninstaller, which is included in the GeodogTMApp software. The customer’s licence expires as soon as the software GeodogTMApp is transferred to another party.
5.3. The customer is not allowed to transfer the software to another party if it can reasonably be suspected that the other party will breach the terms of this licence, especially by unlicensed duplication.
5.4. In case of a transfer of the software and/or the GEODOG® positioning collar the customer is obligated to disclose the name and complete address of the other party to the licenser in written form.
5.5. The customer is not allowed to transfer or sublicense the software GeodogTMMobile or GeodogTMMobilePro to another party. Moreover, the customer may not disclose to any other party passwords or login names for the software or data bases, which are connected to this software. If the receiving party, after he has acquired the GEODOG® positioning collar including the software GEODOG™App, is also interested to purchase the software GeodogTMMobile or GeodogTMMobilePro he can directly contact the licenser.
6. Termination
Both parties can terminate this licence for cause. One important cause exists for the licenser if the customer violates the terms of use according to section 4 of this licence, and if he continues this breach even after he has received a written notice with a threat or termination from the licenser. Upon the termination of this licence the customer shall delete or rather destroy all media including all copies of the software. Upon request of the licenser he will confirm the deletion or destruction in writing.
7. Limited Warranty
Supplementary to section 8 of our General Terms & Conditions (link) the following applies:
7.1. The licenser warrants the CD-ROM to be free from defects and viruses, as far as the software is provided on a CD-ROM. This warranty is limited to the original CD-ROMs of the licenser. The licenser does not warrant the software to be from defects or computer viruses when the customer downloads the software from the Internet.
7.2. Furthermore, the licenser warrants the software to comprise the functionalities as detailed in the product description, provided that the software is properly applied. Not covered by this warranty are defects resulting from amending, damaging, improperly or inappropriately using the software or applying it for any other purposes than intended in this licence agreement. In particular, improper use exists if the customer deviates from the installation process described in the GEODOG® user manual.
7.3. In case a warranty or liability claim is raised against the licenser a contributory negligence of the licensee has to be adequately considered, if he has failed to take precautions by appropriate, up-to-date safety measures against external influences, especially against computer viruses or other phenomena which might jeopardize single data ort he complete data base.
You have questions?
Your confidence is very important to us. If you have a question which these General Terms of Licence do not answer, please feel free to contact us any time by email to info@geodog.de.
as of: August 2010
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