Software License Agreement “Rapsody”
I. Right of use
You are allowed to install the Software on your computer for normal use onetime. This means Installation, loading into memory and execution of the software. Other types of use are not permitted. The right of use does not include any right to edit, to modify, to publish, to copy, to transfer or to exploit the Software in any form (even partially or temporarily). A printout of the program code does also mean illegal copying. Alterations according to § 39 II Copyright Act are permitted. Reverse engineering, decompilation or disassembly of the Software is not allowed. Moreover §§ 69d, 69e Copyright Act remain unaffected.
RVT is and remains the owner of all titles and intellectual property rights for RAPSODY and the associated user manual. Notes of copyrights, or other intellectual property rights, which are located on or in the software may not be altered, removed or made otherwise unrecognizable. You must not rent or lease the software. A transfer of the right of use to a third party is only permitted with prior written consent of RVT, provided that the third party agrees with these conditions in writing and you retain no copy of the Software (incl. any previous versions).
RVT created the software with due care and specialist knowledge. Nevertheless, given the current state of the art, errors in software cannot be completely eliminated.Usage of calculation results and figures generated by RAPSODY is at your own risk. It is a theoretical calculation based on predefined conditions, which may differ in reality. Warranty for correctness, completeness, and marketability of the software calculations and suitability of RAPSODY for your intended purposes is expressly excluded!
RVT bears – except in the case of intent or gross negligence- irrespective of the legal basis, no liability especially not for damages related to the installation, performance or use of the Software RAPSODY. The foregoing limitations on liability do not apply if liability is mandatory under applicable law (damage to persons and liability under product liability law). The same applies to negligent violation of fundamental contractual obligations. For such violations RVT`s liability shall be limited to compensation for typical, foreseeable loss.
RVT shall not be liable for consequential loss or the replacement of lost or damaged data. You are aware that you have to carry out a regular backup of his data in the context of its obligation to mitigate damage. In case of assumed software error you have to take all reasonable additional safeguards.
The Agreement shall be governed by German law. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The German version is authoritative. The place of jurisdiction for all legal disputes shall be exclusively RVT`s registered office. In case of any difficulties with the implementation or application of RAPSODY please refer to firstname.lastname@example.org.