Software License Agreement
Please read this contract thoroughly. By copying the software in parts or as a whole, buying it, installing it or using it, you accept all the conditions of this contract, including and in particular the following exceptions: usage in accordance with clause 3, transferability in accordance with clause 5.4, warranty in accordance with clause 6, liability in accordance with clause 6.3.
This contract is enforceable towards the licensee and every other person who has received this software and for whom the software is being used.
All rights for the intellectual property of the software belong to customweb Ltd. The software will neither be licensed nor sold. Customweb merely allows you to copy, download, install, use or profit from the functionalities and the intellectual property of the software within the terms of contract. The software does not contain parts of GPL software, nor will any component parts of GPL software be delivered. The following license agreement is valid for the purchased software. The license agreement is in addition to the General Terms and Conditions accepted by the customer.
1 Recital Clause
The licensor distributes the computer programmes mentioned in the annex of this software-license agreement as well as the corresponding user documentation in form of a machine-readable object code. He or she is entitled to grant rights of use to the software and to the user documentation.
The licensee intends to use the software and to purchase the rights of use in correspondence with the contract.
The licensor and the licensee (together the «parties»), therefore, agree on the following:
„customweb" stands for customweb Ltd. headquartered in Winterthur (Switzerland), below also called licensor.
"Computer" stands for a computer device which records information in digital or similar form and can convert a result according to a instruction sequence.
2.3 Permitted Number
"Permitted Number" means one (1) installation for one (1) domain, as long as nothing else has expressly been agreed upon. Possible additions to this license agreement may be found, for example, in the General Terms and Conditions.
"Software" comprises the entire delivered information which can be downloaded in the shop after the successful ordering and payment.
3 Software Licenses
Provided that you have obtained the software with customweb or one of its entitled resellers and provided that you abide by the conditions of this contract, customweb grants you a non-exclusive license for the usage of the software, in the manner and for the aims specified in the documentation and in accordance with the following conditions:
The rights of use will be specified and substantiated in point 5.
3.1 General Usage
You are allowed to install and use a copy of the software on compatible computers up to the permitted number (1 installation, cf. point 2.3.).
You are entitled to create a backup for the software under the condition that this backup will not be installed and used on any computer. A transfer of the right to creating a backup is not permitted unless all rights to the software, in accordance with clause 5.4. of this contract, are transferred and the software is no longer been used by the former holder of the right.
4 Right to Intellectual Property
The software and all authorised copies of this software, made by you, are intellectual property and belong to customweb. The structure, organisation and code of the software represent valuable trade secrets and confidential information of customweb. The software is legally protected, above all by the copyright of the Swiss Federation as well as international contracts. With exception of the specifications at hand, this contract does not grant you any intellectual ownership of the software. All rights not explicitly granted are expressly reserved for customweb.
5.1 Protection Notes
Copying the software, except in the cases specified in clause 3.2., is not permitted. Every allowed copy of the software made by you must exhibit the same copyright and other property right notations which appear in or on the software of the original.
5.2 No Alterations
You are not permitted to alter, adapt or translate the software. You are, furthermore, not allowed to decompile, disassemble or carry out reverse engineering, nor try in any other way to determine the source code of the software, except to the degree in which you may, according to applicable law, carry out a decompilation in order to create the interoperability with the software.
5.3 No Unbundling
The software may contain various applications, programmes and components, support various platforms and languages and made available to you on various storage devices and in various copies. The software was developed as an individual product and is made available to you as such.
It may solely be used as an individual product, in accordance with clause 3. It is not necessary that you use all the components of the software, however, the software components are not allowed to be unbundled for use on different computers. The unbundling or repacking of the software in order to distribute, transfer or resell it is not permitted.
You are not permitted to rent, lend, sell, sub-license, cease or transfer the rights to the software, nor authorise the copying of the software neither in parts nor as a whole onto the computer of an other person or to an other entity, except in the expressly permitted cases.
However, you are allowed to transfer all your rights of usage of the software onto an other natural person or entity under the conditions that:
- you transfer your entire contract and the licenses, including all the copies, upgrades, updates and previous versions.
- you do not retain any upgrades, updates and copies, including the backup and other copies which might be saved on a computer.
- the recipient accepts the conditions of this contract as well as other conditions based on which you have acquired an effective software license.
If the software is an upgrade or update of a previous version then you must have a valid license for the previous version in order to be allowed to use the upgrade or update. All upgrades and updates will be placed at your disposal on the basis of a license change. You agree that by using the upgrade or update you voluntarily renounce the right to the usage of the previous version of the software. In exceptional cases you may be allowed to continue using the previous version of the software after receipt of the upgrade or update. However, only in order to facilitate the adjustment to the upgrade or update. This right will be granted under the condition that the upgrade or the update and the previous version are installed on the same computer.
6 Warranty of Quality
customweb grants all licensees who are first time receivers of a licence for the usage of the software on the computer according to the conditions of this contract a time period of 90 days from the receipt of the software that the software is essentially capable of carrying out the functions specified in the documentation, provided it is used according to the recommended operating system and the recommended hardware configuration.
Minor deviations from the descriptions in the documentations do not justify a warranty claim. All warranty claims must be asserted within ninety (90) days according to the contract (cf. clause 6.2). If the software does essentially not fullfill the functions specified in the documentation, there is the possibility to return the product during the warranty period. Reported defects of the software will either be repaired or replaced according to the customers choice. The bypassing or suppression of a defect counts as a permissible repair.
6.2 Reproval Obligations
In case of a defect, the licensee must make his complaint to the licensor within 7 calendar days after its detection and in a sufficiently documented and written form. You are obliged, in accordance with the terms of this contract, to take all necessary and adequate means, in particular to create a backup of the software and your computer data, in order to avoid or minimise a damage.
6.3 Liability Limitations
customweb stipulates all liability claims insofar as legally permitted (OR 99).
customweb, in particular, does not assume liability for loss, damage, claims or costs of any kind, including consequential damage, indirect or accidental damage, lost profit or lost savings, damages resulting from an operation shutdown, personal injury or want of care or claims of third parties.
Further warranty claims of the licensee (including the right to a reduction of the license fee or compensation for damage) are expressly ruled out.
6.4 Saving of the license key and product-specific data
Every product is delivered with an individual license key. For this purpose a non-ambiguous serial number is recorded with your order and reported to us during the installation. With the conclusion of the order you expressly authorise customweb Ltd. to save this data.
7 Final Clauses
7.1 Severability Clause
If a part of the contract at hand turns out to be invalid or not enforceable, the validity and enforceability of the remaining contract will not be touched by this.
7.2 Written Form
Changes of and additions to this contract must occur in written form.
This contract or individual rights and duties resulting from this contract can only be ceased or transferred to a third party after the written consent of the other party.
7.4 Applicable Law
This contract is subject to Swiss law, with exception of the UN-treaty concerning the international selling of goods (CISG).
7.5 Place of Jurisdiction
Zurich is the exclusive place of jurisdiction for all conflicts resulting from or in connection with this contract.
The fast, efficient and helpful Customweb team solved our problems in a short time. As a new Magento user, we got stuck in the middle when adding the payments module and badly needed help to solve our problems. We highly recommend this company and will turn to them again in the future.
Thomas Meinl, Geschäftsführer (Meinl Kaffee)