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InfoPortal - Content Managment System
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URL:
http://www.ip-cms.com
| Author:
Michael Hartmann
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Copyright © 2005 - webanddesign.de - All rights reserved.
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InfoPortal - Licence agreement [01.06.2005]
Duesseldorf, Germany
This licence agreement refers to Content Management System InfoPortal.
The terms in the broader use "InfoPortal" or "system" respectively, contain all elements of the source text, thus all contents of the supplied files, as well as all work based on it.
InfoPortal is a work protected by copyright. The copyright is held by webanddesign GbR, Duesseldorf.
Please read the following conditions carefully before using InfoPortal. With regard to the use of InfoPortal, the rights for commercial and non-commercial purposes are different. Therefore, please pay special attention to the article 3 "Licence for the commercial use".
If you have questions about this licence agreement, you can find further information on the InfoPortal website at http://www.ip-cms.com/.
If the licensee has not made another licensing agreement in writing with the Licenser of InfoPortal, M. Hartmann, he gives his express consent with the conditions of the available licensing agreement by downloading, installing or adapting InfoPortal.
With the acceptance of the license agreement the licenser grants you an non-exclusive and non-transferable license for the use of InfoPortal.
If the licensee does not agree with some or all conditions of this licence agreement, the use of the software, as a whole or in parts, is not permitted.
If InfoPortal is used after a period of testing and adaptation, as a whole or in parts for commercial purposes, or if it is adapted for third party's use and a fee is charged for this service, a "Licence for the commercial use" must be obtained by the licensee.
A "Licence for the commercial use" can be obtained at the InfoPortal Website http://www.ip-cms.com/.
This copy of the Content Management System InfoPortal is intended for installation on one web server and for the management of one InfoPortal project. If InfoPortal is installed on several physical servers or if several InfoPortal projects are administered on one physical server, then an appropriate number of licences is needed.
On the other hand, the operation of a an unlimited number of websites (including an unlimited number of domains), which is administered in a single InfoPortal project on one physical server, is expressly covered by this licence agreement.
Lending or renting InfoPortal within the scope of this Licence with the purpose to use or further licence the own software program, is not allowed. Except for express authorization of the licencer.
The licensees of the "Licence for the commercial use" (see point 3) are allowed to resell InfoPortal in contrast hereof.
All rights to InfoPortal, which are not expressly assigned to the licencee by means of this licensing agreement, remain exclusively reserved to the licencer.
Within the scope of this licence InfoPortal is available to the licensees the way it is without guarantee. There is no guarantee for the program, neither expressed or implied, including any other possible implicit guarantees, which refer to marketability and usability for a certain purpose.
The licenser ensures the licensee of the "Licence for the commercial use" (refer to article 3) that the software is ready for use at the time of its disposal in accordance with the scope of services. The licenser offers no guarantee that InfoPortal meets the requirements and purposes of the licensee or that it co-operates with other programs selected by him.
The Licencee carries all risks concerning the quality and performance of the system. If InfoPortal should turn out to be faulty in any way, the Licencee is liable himself for all costs resulting from services, repairs or corrections. In no case the Licencer is legally liable for any damage as regards the Licencee, if the liability is not either stipulated by law or by written agreement. This includes all general, particular, coincidental or any other damages which might arise by use or by use not being possible of the system. It also includes the loss of data (i.e. the Licencee's omission to secure data or by his own improper use) and the provision of incorrect data, losses caused by the Licence or a third party or which result from a fault of the InfoPortal system.
This applies even if the user or any other party has been advised of possible damages.
The Licencer expressly prohibits the use of InfoPortal for applications or systems, where malfunction of this software could, as far as anyone can judge, lead to physical injuries or injuries causing death. The use of the system in such surroundings is at the user's own risk and peril. The Licencer excludes any liability for damages or losses resulting from unauthorized use.
In case of conflict resulting from this licensing agreement, the court of jurisdiction is in Düsseldorf, provided that the Licencee is registered trader according to the German Commercial Code (Handelsgesetzbuch).
The agreement is submitted exclusively to German substantive law. The Convention on Contracts for the International Sale of Goods (CISG) is not applicable to this agreement. This agreement constitutes the complete contract between the two parties and replaces any former agreements, contracts, settlements and stipulations, except if they have been concluded in written form with the Licencer.
Copyright © 2005
Duesseldorf, Germany
All Rights Reserved.