Licensing Terms and Conditions for the Freeware Hulbee DataCloud

• Formation of Contract

  The Hulbee Data Cloud Freeware – hereinafter “Software” – is available for you to download. Clicking on Hulbee Data Cloud enables you to download the Software. You may only download and install the Software if you have expressly consented to these Licensing Terms and Conditions. The same terms and conditions will apply if you receive the Software by delivery instead of by download.

• Right of Cancellation

  • If you are not obtaining the Software for your commercial or self-employed activity, you have a right of cancellation. Within the cancellation period you can cancel your acceptance of the contract, without giving any reasons, either in written form (e.g. letter, fax or e-mail) or by returning a supplied data carrier with the relevant material. The period will commence no earlier than on receipt of this instruction and is in principle two weeks. The time limit will be deemed met if the notice of cancellation or the data carrier with the relevant material is dispatched in time. However, the right of cancellation in the case of Software that is made available for downloading will expire immediately on commencement of the downloading of the Software.

    Notice of cancellation must be sent to:

    Fa. Hulbee AG
    Hauptstr. 137 E
    CH-8274 Tägerwilen
    Tel: 0041 71 6300892
    Fax: 0041 71 6331028
    E-Mail: info@hulbee.com

  • In the case of effective cancellation, performances received on both sides shall be returned and any benefits obtained shall be surrendered. If the received performance cannot be returned in full or in part or can only be returned in a deteriorated state, equivalent compensation must be paid where appropriate. This will not apply if the deterioration is due solely to inspection, such as would have been possible in a shop, for instance. You may otherwise avoid the duty to pay compensation by not using the Software as your property and by refraining from any action that diminishes its value. Data carriers capable of shipping by parcel post are to be returned at our risk. Return will be at no expense to you. Software must be deleted on all data carriers to which it was copied.

• Copying rights

  You may copy the software or have it copied if it is necessary to copy the software in order to be able to use it correctly. In addition you may copy it for backup purposes. No other copies may be made.

• Multiple use and network use

  You may use the software on every one of the servers available to you and also have multiple simultaneous access to it within the company on these servers in order to use it correctly (company licence). Third parties who may also use the software on your company’s servers may also access it. No use beyond this shall be the permitted.

• Passing On of the Software

  You may donate the Software including any documents in your possession permanently to third parties provided that the acquiring third party declares to you also its consent to the continued validity of these Terms and Conditions.

  You must hand over to the new user all program copies including any backup copies that may exist or destroy the copies not handed over. Passing on will result in your right to use the Software expiring. You may not transfer the Software to third parties if there are grounds to suspect that the third party will breach the terms and conditions, in particular by unauthorised duplication.

• Decompilation and Program Modifications

  • The reverse translation of a transferred program code to other code forms (decompilation) and other forms of reverse capture of the various production stages of the Software (reverse engineering), including a program modification, are in principle prohibited unless otherwise dictated by mandatory provisions of law.
  • The removal of a copy protection or similar protection mechanisms is only permitted if this protection mechanism impairs or prevents the trouble-free use of the program.
  • If the acts mentioned under No. 1 are performed on commercial grounds, they shall only be permitted if they are indispensable to the creation, maintenance or functioning of an independently created and interoperable program and the necessary relevant information has not yet been published or is otherwise accessible, for instance by enquiry from the manufacturer.
  • Copyright notices, serial numbers and other elements enabling identification of the program must not be removed or modified.

• Claims based on Defects

  Liability for material defects of freeware is limited because of the underlying legislation governing gifts and donations, so that liability for material defects and deficiencies in title, in particular for the correctness, absence of errors, completeness and usability of the information, is precluded unless the defect was maliciously not disclosed.

• Liability

  All liability for losses arising through use of the Software is precluded. This shall not apply if liability is mandatory due to intent or gross negligence or due to loss of life, physical injury or damage to health. This does not affect liability under product liability laws [Produkthaftungsgesetz].

  Liability for loss of data is limited to the typical costs of recovery that would be incurred for the creation of backup copies at regular intervals commensurate with the risk.

  Our employees and other vicarious agents shall likewise be liable personally only under the provisions of this liability clause.

• Miscellaneous

  • Amendments and additions to these Terms and Conditions must be confirmed in writing.
  • The place of performance is Tägerwilen / Switzerland.
  • The Licensing Terms and Conditions and the contractual relationship shall be governed by Swiss law (Thurgau canton) to the exclusion of the UN Sales Convention (CISG).
  • Kreuzlingen/ Switzerland shall be the agreed place of jurisdiction for commercial customers and legal persons under public law.
  • Should individual provisions be ineffective or invalid, this shall not affect the effectiveness of the remaining provisions. Partial invalidity shall not render the entire contract invalid.

• Support

  Please visit us: http://www.hulbee.com to get some help.