OCAD AG (hereinafter also referred to as the "Licensor") licenses the enclosed OCAD® software to you (the user/Licensee) exclusively on the basis of the software license terms outlined below. If you do not agree to these terms, you are not permitted to install or use the OCAD® software. The OCAD® software is not sold, but only licensed for utilization purposes.
1. Granting of a License
1.1 You (a company or natural person), hereinafter also referred to as "Licensee", are entitled to use the software according to the number of purchased licenses (the number/type of the purchased licenses is specified in the invoice/license certificate, or an electronic confirmation you receive from OCAD AG or one of its authorized resellers) if and to the extent that you comply with the following terms. Moreover, you are entitled to make one (1) backup copy of the software, which must be marked as such.
1.2 The purchase of one license entitles a user (primary user) to install and use the software on one data processing unit, which may be a workstation or a laptop.
1.3 Moreover, the primary user is entitled to install and use the software on a second computer, if and insofar as this second computer is being used exclusively by the primary user.
1.4 A software copy is in use or deemed to be in use on a computer if the copy is loaded into the temporary memory (e.g., working memory, RAM) or installed on a permanent storage medium (hard disk, CD-ROM, DVD-ROM, or another permanent storage medium).
1.5 A single license may only be installed on a data processing unit that is not used as server.
1.6 Leasing or commercial resale of the software is not permitted.
1.7 The documentation may only be used within the scope of the normal contractual use of the software.
1.8. You are not permitted to transfer or sell your software license key without the approval of OCAD AG. However, you are entitled to transfer the software (including all predecessor versions) permanently if you transfer all documentation and media, do not retain any copies, and make sure that this license agreement is applied. OCAD AG shall be informed by e-mail about the permanent transfer, specifying the recipient.
1.9 The software or parts of the software may not be copied, modified, compiled, de-compiled, or integrated in other programs without the express approval of OCAD AG.
1.10 To use a product designated as an upgrade or update, the Licensee must be the holder of a full license for the product that OCAD AG designates as eligible for upgrade and update. After executing the upgrade or update, the Licensee is no longer entitled to use the product that constituted the basis for the upgrade or update eligibility (including the license) or transfer it to a third party.
2. Term of the License
2.1 The license is granted for an unlimited term.
2.2 If the Licensee violates a provision of this agreement, the license will automatically expire without notice of termination. In the event of termination, the Licensee shall destroy the software and all copies of the software.
2.3 The Licensee may terminate the license agreement at all times by destroying the software and all copies.
3. Exclusion of liability
3.1 The Licensee bears the risk associated with its utilization when deploying the software. OCAD AG and/or its resellers do not make any representations regarding the suitability, reliability, availability, accessibility, and accuracy of the OCAD software and related information, products, and services. The OCAD software and related information, products, and services are made available "as seen" without any warranty of any type. To the extent legally permitted, OCAD AG and/or its resellers exclude all warranties and guarantees in this connection. In particular, OCAD AG does not warrant or guarantee that a) the data you enter in OCAD will be stored correctly and be accessible at all times; b) errors and defects will be eliminated by OCAD.
In no case shall OCAD AG and/or resellers be held liable for (a) any direct, indirect, incidental, or consequential damages or punitive compensation of damages, (b) any other damages of any kind, including, but not limited to, damages from loss of use, lost data, or lost profits, which may be incurred from, or be related in any way to, the use or the services of OCAD, the delay or inability to use OCAD, the provision of services or the fact that no services have been rendered, or for damages from information, software, IT hardware, products, or services that became accessible through OCAD, or for damages incurred otherwise through the use of OCAD®, no matter whether this is based on the contract, offense, negligence, or another legal reason, even if OCAD AG and/or its resellers had been informed of the possibility of such damages. In particular, the liability for slight and gross negligence of auxiliary staff is excluded.
3.3 You alone are responsible for the quality, reliability, and correctness of the data you enter. OCAD may only be used to enter data that you are authorized to enter. A review of the contents is unacceptable for the Licensor and is therefore rejected.
3.4 The maximum amount of any reimbursements and damage compensations claims in the event of a court case is limited to the purchase price of the respective license.
3.5 Should the data you enter result in direct or indirect damage to OCAD® and/or its service partners, you undertake to pay for the incurred damage.
4.1 The software enclosed with these license terms, including all components, especially the Java applets, Flash applets, and the documentation, are property of OCAD AG and are protected by national and international copyrights and other intellectual property rights. OCAD AG in Baar, Switzerland, is entitled to the rights resulting from the copyright.
In the event that there are any other license terms governing the use of the software, these shall be stated in a separate written software agreement that must be signed by OCAD AG or an authorized third party. These shall also constitute part of the agreement.
4.2 The software contains copyrighted material and operational secrets that the Licensee undertakes to protect.
4.3 The original software, as well as parts thereof, and the individual modules of the software shall not be transferred to third parties. This applies both to free transfer of the software and to sale or letting to third parties.
4.4 Every violation of the stated copyright is subject to prosecution under civil and criminal laws.
5. License violations
5.1 In the event of violations of the license agreements, the Licensor or an authorized agent of the Licensor shall be entitled to withdraw the license and declare it null and void.
5.2 In the event of violations of this license, the Licensor shall be entitled to promptly initiate legal steps. Moreover, the Licensor shall be entitled to claim compensation for incurred damages.
5.3 In case a license is withdrawn due to license violations, any payments made for purchased licenses will not be refunded.
6. Data protection, other provisions
6.1 You hereby expressly permit OCAD AG to collect and store data and information about you (e.g., name, address, and e-mail address) and use and process them at the company and affiliated companies. Please note that the collected data may be transferred to third parties that OCAD AG may engage to fulfill its contractual and non-contractual rights and obligations, for the purpose of fulfilling these rights and obligations. For example, such third parties may be resellers, supply companies, marketing representatives, and credit card companies.
6.2 Notwithstanding all other claims (e.g., damage compensation claims), OCAD AG has the right to terminate this license agreement with immediate effect, by serving a written notice to the Licensee and without observing any other notice period or sending any other notification in the event that the Licensee breaches the agreement to such an extent that OCAD AG cannot reasonably be expected to continue this license agreement, in particular if the Licensee • has committed a breach of his obligations under this agreement that is capable of remedy and does not remedy the situation within 30 days after having received a notification about this violation from OCAD AG; • has committed a breach of his obligations under this agreement that is incapable of remedy.
6.3 This software is subject to export restrictions which are to observed by the Licensee. In particular, the Licensee is not entitled to export this software to a country that is specified in an embargo list according to US laws, EU laws, and national laws.
6.4 The manufacturer of the software is OCAD AG, Mühlegasse 36, 6340 Baar, Switzerland.
6.5 Should individual provisions of this agreement be, or become invalid, this shall not affect the validity of the other provisions. A valid and adequate provision which comes as close as possible to the economic objectives of the parties shall replace the invalid provision, or fill any gaps in the agreement.
6.6 Amendments and supplements to this license agreement must be made in writing. A waiver of the written form must also be made in this form.
6.7 If you have concluded a separate agreement for the purchase of this software with the Licensor, the provisions of the respective agreement shall have priority over the provisions of these license terms.
6.8 This agreement is governed by the laws of Switzerland, under exclusion of conflict of law and UN sales laws. The application of the latest valid version of the Convention for the International Sale of Goods (CISG) of April 11, 1980 is excluded.
6.9 In the event of legal disputes, the courts of Baar, Switzerland shall have jurisdiction. However, OCAD AG may also appeal to the court at the customer's domicile.
Errors and Suggestions
All software contains errors, including OCAD. Reports of errors found and any other suggestions are welcome at all times. Please send them to OCAD AG.