These License Conditions shall apply as a supplement to the Standard Terms and Conditions for Goods Deliveries (STC Goods Deliveries).
2. Granting of Rights of Use
Upon conclusion of the contract for the delivery/downloading of software (irrespective of the storage medium) the Customer is granted a non-transferable, non-exclusive right of use in the contractual software, which is limited to the use described below. All rights of use not explicitly listed there shall remain with EPPENDORF AG as the owner of all copyright and property rights.
3. Scope of the Rights of Use
3.1. Upon delivery the Customer acquires the right to use the software delivered to him within the scope of the contract (number of acquired licenses: 1) on a standalone computer.
3.2. The Customer undertakes to use the software for his own purposes only and not to make it available to third parties free of charge or in return for payment. Under each license the software may only be used by one person on one computer and not simultaneously on two or more computers, irrespective of whether it is used by the same or different persons.
3.3. The Customer shall be entitled to install the software on a hard disk and use it and make a backup copy of the original diskette or CD-ROM, which may not be used at the same time as the original version. If the contract is for a network version/multiple-user license, the Customer shall be entitled to use the software simultaneously on one or more computers with more than one person at any time in accordance with the contractual agreement.
3.4. The Customer shall not be entitled to make copies of the software unless the copies are made for data backup purposes and are actually only used for that purpose. In addition, he may not reproduce the software parts, supplied pictures, the manual, accompanying texts, or the documentation belonging to the software, by photocopying, microfilming, electronic storage or by other methods. He may neither market nor rent out the software and/or the associated documentation, grant sublicenses for it to third parties or make the latter available to third parties in any other way. The Customer shall not be entitled to pass on to third parties access codes and/or passwords for the product or for database accesses that are associated with the product. The Customer shall not be authorized to partially or wholly change, modify, adapt, or decompile the software and/or the associated documentation. Also the Customer shall not be allowed to change the owner's copyright notices, marks/trademarks and/or property information concerning programs or the documentation.
Liability for damage or loss caused by use of the software delivered by EPPENDORF AG or its distributors in conjunction with the Customer's other software or on the Customer's data storage media/data processing systems is only accepted if the defect in the delivered software/data storage medium causing the damage or loss has been caused intentionally with gross negligence by a legal representative or universal agent and the damage or loss is one that is foreseeable and typical. In the case of contracts concluded with public law entities, special public corporations, and merchants - vis-à-vis the latter only if the contract belongs to the running of their commercial business - liability for gross negligence on the part of universal agents beyond the limitation of liability in the preceding sentence is also excluded unless the negligence is on the part of senior universal agents or principal contractual duties have been violated.
Issued: March 2007