1. General remarks
These Business Terms apply to free use of the MusicBricks software for testing purposes. Customer terms contradicting or differing from these Business Terms have no validity. Ancillary agreements, amendments or supplements must be in writing. FhG reserves the right to offer the software under additional internet addresses (URLs). FhG is entitled to change the design of this website and the manner of presenting information. FhG wishes to point out that layout and design of the website are protected by copyright.
2. Usage rights
- FhG grants the customer the simple (non-exclusive) and fixed-term right to use, free of charge, the MusicBricks software designated in detail on this website under the provisions of the following Terms for test purposes. No grant of rights going beyond the following Terms is connected with the provision of this software. In particular, FhG retains for itself all dissemination, exhibition, demonstration, performance and publication rights to the software.
- Unless otherwise agreed in writing, the customer is only entitled to use of the software on one hardware unit, that is on one display place in one place and only for test purposes (single place use). If the customer changes hardware, the software must be deleted from the mass memory of the previously used hardware. Simultaneous uploading, storage or use on more than one hardware unit is not allowed. Use of the software inside a network or any other multi-station computer system is not allowed unless the possibility of simultaneous multi-use of the software is precluded. In addition, the software may not be used by remote data access/transmission.
- The customer may only reproduce the software if such reproduction is needed for use of the software. Necessary reproduction includes the installation of software from this website to the mass memory of the hardware used, unless this is prevented by copy protection, as well as loading the software into the working memory. Where such is required for future contractual use of the software the customer may additionally create a backup copy of the software. The customer is otherwise not entitled to reproduce the software. This also applies to reproduction of parts of the software and for – complete or partial – reproduction of the enclosed documentation.
- Retranslation of the programme code into other code forms (decompilation) as well as any other kinds of rediscovery of the various production stages of the software (reverse engineering) are only allowed in the context of Art 69e of the German Copyright Act.
- The customer is not permitted to lease the software and the enclosed documentation for commercial purposes. The customer is otherwise only entitled to transfer to third parties the software and the enclosed documentation if the latter have agreed in writing to respect the validity of the licence terms in this present Item 2 and if the customer transfers all programme copies to the third party or deletes them. Upon such transfer the customer's right to use the programme lapses. The customer is obliged to notify FhG of the third party's name and complete address.
- The customer is not entitled to remove or modify copyright notices, serial numbers and/or other software features intended for identification purposes.
The software is being provided for test purposes and for free. FhG is not responsible for any physical and/or legal flaws in the software. In particular, this applies as well to merely negligible deviation from the agreed condition, to merely minor impairment of usability, to natural wear-and-tear or to damage caused after risk passes due to improper or negligent handling, excessive straining, unsuitable supplies or due to peculiar external influences not presupposed under the contract. If improper modifications are made by the customer, likewise for such modifications and their eventual consequences there will be no claims for flaws. This does not apply to flaws maliciously concealed by FhG. FhG does not assume any liability under Art 443 of the German Civil Code.
4. Damage compensation
- Compensation claims by the customer for damage and expenses (hereinafter: compensation claims) are, for whatever legal reason and in particular due to violation of civil-law obligations for illicit actions, expressly barred. This does not apply where there is obligatory liability, such as under the German Product Liability Act, in cases of intent, gross negligence, injury to life, body or health, or for violation of essential contractual obligations. No shift in the burden of proof to the detriment of the customer is connected with the above provisions. The compensation claim for violation of essential contractual obligations is, however, limited to the contractually typical predictable damage unless intent or gross negligence obtains or there is liability for injury to life, body or health. No shift in the burden of proof to the detriment of the customer is connected with the above provisions.
- Compensation claims under Item 4.1 are subject to a limitation period of 12 months. This does not apply to flaws which FhG has maliciously concealed.
The software's duration is fixed in time. After the expiry date, the software and enclosed documentation and any eventually made reproductions must be deleted.
6. Applicable law, partially void provisions
- German law is exclusively applicable to any contract between FhG and the customer with the provisions of CISG being expressly barred.
- Should individual provisions of these Standard Business Terms be or become void then the validity of the Standard Business Terms is otherwise not affected. The void provisions will be replaced by regulations of the matter which most closely approximate what the contracting parties would have intended if they had considered the circumstance in question. This also applies to gaps in these standard Business Terms.