LICENSING AGREEMENT

Licensing agreement for software for Diercke Atlas, Diercke Globus Online

This is a legally valid agreement between you, the end-user (either a natural person or a legal person such as a company – for example), and Westermann Bildungsmedien Verlag GmbH, Braunschweig (referred to in the following as "licensor"). By registering with your registration data you agree to be bound by the provisions of this agreement.

Software licence
Licensing

Use on individual computers
This licensing agreement allows you to instal a copy of the product specified above (referred to in the following as "software") on up to three computers or tablets. You are not permitted to copy the software onto a computer hard drive or any other permanent storage medium (this does not apply for processes occurring during implementation of the set-up/installation programme or those processes which occur as a result of the use of other software functions on your individual computer). The use of the software is permitted only for a maximum of three computers or tablets at the particular time of use. 

Use in a computer network
If you intend to use the software via a computer network rather than on individual computers, then the following applies to you:
(i) You are permitted to implement the set-up/installation programme on any or all computers in your network and to install the software, and (ii) you are permitted to make the software available via your network, provided (iii) you have a reliable mechanism or a reliable procedure for limiting the number of simultaneous software users (i.e. the total number of users who can access the software via the network at any one time) to the number of licences which you have acquired for the software.  If you possess more than one copy of the software and use these copies as licences to use the software on a computer network, then please make sure that you file away these copies and do not otherwise use them while they are in use as network copies.

2. Updates
If the software is an update of a previous version, then you will be granted a single licence for both copies. You are not permitted to transfer an earlier version separately, unless it involves a one-off permanent transfer of the latest update and all previous versions to another user, as permitted under Clause 4 below. 

3. Copyright
The software is the property of Westermann Bildungsmedien Verlag GmbH, Braunschweig and is protected by German copyright law and the provisions of international agreements.
You are not permitted to copy the printed material accompanying the software. You can use materials in your own lessons which you produce by means of screenshots or other functions contained in the software and which lead to the creation of an image of content from the software.
You can also use this content in internal networks while you possess a valid licence for the software. Access to these networks has to be user-oriented. Any use on the internet of image data taken from the software is only permissible with the agreement of Westermann Bildungsmedien Verlag GmbH, Braunschweig.

4. Further restrictions
You are not permitted to rent out or lease the software. You are however permitted to transfer the software and its accompanying printed material permanently to another end-user on the condition that you delete the software and the set-up files from your computer and the recipient agrees to the conditions in this agreement. You are not permitted to reverse engineer, decompile or disassemble the software and its data. Any transfer of the software has to include the transfer of the latest update and all previous versions. 

Limited warranty
The "licensor" guarantees (a) that the software essentially functions in accordance with the accompanying documentation (including help files) for a period of 90 days from the date of receipt, and (b) that the hardware accompanying the software as supplied by the "licensors" and with normal use and maintenance shall be free of any material or workmanship defects for a period of one year from the date of receipt. The guarantee is limited to 90 days with regard to the software and to one year with regard to the hardware.
The "licensor", as manufacturer of the product, accepts this guarantee; this neither replaces nor limits any legal warranty or liability claims against the dealer from whom you acquired your copy of the software.

Customer claims
The total liability of the "licensor" and your sole entitlement consists – as decided by the "licensor" - either (a) in reimbursement of the price paid or (b) in the repair or the replacement of the software or hardware, which does not meet the "licensor’s" limited warranty. This limited warranty does not apply if failure of the software or hardware has arisen due to an accident, abuse or incorrect use. The "licensor" will only accept a guarantee for replacement software for the rest of the original guarantee period or for 30 days, whereby the longer period is binding.

No further warranty
The "licensor" excludes for itself any further warranty with regard to the software, the associated documentation and the accompanying hardware.

No liability for consequential damages
Neither the "licensor" nor its suppliers are liable for compensation for any damage resulting from use of this product or from an inability to use it, even when the "licensor" has been informed of the possibility of such damage.  This damage includes without restriction damage due to lost profits, interruption of operations, loss of business information or of data or resulting from other financial loss. The "licensor’s" liability is limited to the amount of money which you actually paid for the product. This exclusion does not apply to damage caused intentionally or through gross negligence on the part of the "licensor". This also does not affect claims based on indispensable legal regulations regarding product liability.
