Electronic End-User Licensing Agreement
RELUX Informatik AG & Relux Information Technology Ltd (hereinafter: RELUX) for ReluxDesktop and ReluxNet
Information for the use
This is an agreement between you (the "licensee") and Relux INFORMATIK AG ("RELUX"), a joint stock company entered in the Swiss commercial register. If you declare acceptance of this agreement at the end of the text, you confirm thereby that you have carefully read and understood this agreement and agree to all provisions and conditions contained therein. This is an end-user licensing agreement (hereinafter: "agreement"). It is enclosed with the ReluxDekstop software products (Relux, ReluxOffer, ReluxNet, ReluxEnergyCH, ReluxCAD *, ReluxTunnel) and corresponding explanatory material ("software") as well as product data of manufacturers who make these available to the public via RELUX products. The designation "software" also includes all improved and amended versions for which RELUX has granted a free or feebased license. This software copy
and all other copies remain the property of RELUX. Subject to acceptance of this agreement, including the conditions set out below, RELUX grants the licensee a non-exclusive license to use the software.
1. Software Utilization
1.1 The licensee is entitled to install the software on a hard disk or other data storage medium or to utilize the software online; the licensee is entitled to install the software on a file server for use in a local network for purposes of (i) permanent installation on hard disks or other storage media or (ii) operating the software via a network of this type; the licensee is entitled to make back-up copies of the software.
1.2. The licensee is not entitled to make any copies of the software for commercial purposes. The licensee retains the right to make back-up copies as per clause 1.1 above, but shall not be entitled to sell these. If the licensee downloads the software from the Internet or from a similar online source, the same rules shall apply as those
that are applicable to RELUX data media.
2.1 The licensee may not change or modify the installation program in any way. The software is licensed and marketed by RELUX for the purposes of viewing, marketing and
distributing product data of RELUX members. Any third-party plug-in or improvement which makes it possible to save data from these members either directly or indirectly,
or to make further use of said data, is expressly forbidden.
2.2 The licensee undertakes to neither modify the software, nor align, translate, reverse-develop, decompile or disassemble it, nor attempt to establish the source code
of the software in any other way or access product data of RELUX members.
3. Ownership, secrecy and industrial property rights
3.1 Ownership and property rights
The licensees rights of software utilization are limited to those expressly granted within the framework of this agreement. All other rights, in particular ownership rights, industrial property rights, copyright to the software, and all authorizations of use not expressly allocated to the licensee, shall remain with RELUX
3.2 Secrecy regarding the software
The software incorporates information, ideas, concepts and processes relating in particular to the processing of data for specific applications, which constitute business and trade secrets of RELUX. The licensee thus undertakes to treat the software with the same care and confidentiality as own business and trade secrets, not to use it for any other than the intended purpose set out in this agreement, not to make it available in any way or form whatsoever to third parties either in part or whole, and not to publish it.
3.3 Identifier rights
All identifier rights (trademarks, etc.) belong to RELUX or other legal owners. Licensees are not entitled to make use of protected identifier rights without prior written permission of RELUX or the respective legal owner.
3.4 Protection of property rights
The licensee hereby confirms recognition of all property rights, in particular the RELUX copyright, and undertakes during the entire licensing term not to contest the
validity and scope of these rights and to take all measures, as instructed by RELUX, to protect the rights of RELUX to the software. In particular, the licensee undertakes to apply the RELUX trademark symbol to all copies of the software whether in part of whole, and to promptly inform RELUX of any respective property right violations coming to the licensee's attention.
4. Limitations of Liability
4.1. RELUX supplies the licensee with the software without warranty of any kind.
4.2 RELUX and its members provide no guarantee and accept no liability for software performance or for the results of the licensee utilizing the same.
4.3 RELUX and its members do not warrant or guarantee, either expressly or tacitly, that no property rights of third parties have been violated, or that the software is marketable or suitable for any specific purpose whatsoever
4.4 RELUX does not provide any guarantee that the software can be used uninterruptedly and error-free in all combinations desired by the licensee with any required data,
information technology systems, and other software, or any guarantee that the correction of one programming error will eliminate the possibility of other programming errors.
4.5 Any liability or obligation on the part of RELUX from or in conjunction with the application or use of the software and the results achieved therewith and also from the testing of programs, from the recovery of non-secured data, and for direct, indirect or consequential damage such as loss of profit, unrealized savings, additional expenses of the licensee or claims by third parties, is excluded insofar as it is legally permissible. This shall also apply notwithstanding the possibility of such damage having been pointed out to a RELUX representative.
4.6 None of the provisions contained in the present agreement restricts the statutory rights of any party in the role of a consumer.
5. Applicable law
This agreement and any disputes arising therefrom between the parties to the same are subject to Swiss law, excluding jurisdiction by court of arbitration. The United Nations
Convention of 11 April 1980 on Contracts for the International Sale of Goods shall not apply.
6. Place of Jurisdiction
The courts of Basel, Switzerland, Shall be the sole competent court for any disputes arising from or in conjunction with this agreement.
7. General provisions
7.1 If any individual provisions or parts of this agreement prove to be invalid, ineffective or unenforceable, this shall not affect the validity of the remainder of the Agreement.
7.2 This agreement shall terminate automatically if the licensee fails to fulfil the provisions contained therein despite being granted a reasonable period of time within
which to do so. This agreement may only be modified in writing, and any such modification must be signed by an authorized senior executive of RELUX
7.3 This agreement between the licensee and RELUX replaces all previous presentations, discussions, assurances, end-user license agreements, communications and advertising regarding the software.
7.4 Each licensee is provided with a copy of this agreement after installing the software. If you have any questions regarding this agreement or require any further information from RELUX, please contact either the RELUX branch for your country or Relux Informatik AG, www.relux.com, firstname.lastname@example.org
RELUX and RELUXNET are registered trademarks of RELUX Informatik AG.
TO CONFIRM YOUR ACCEPTANCE OF THIS AGREEMENT, CLICK ON THE CORRESPONDING FIELD BELOW. IF YOU DO NOT ACCEPT THE CONDITIONS OF THIS AGREEMENT, PLEASE CLICK ON THE RESPECTIVE FIELD, BUT USE OF THE SOFTWARE WILL THEN BE BLOCKED.
Münchenstein, October 2016