﻿BlNDER
GENERAL CONDITIONS
FOR SOFTWARE LICENSE CONTRACTS
of BINDER GmbH, Tuttlingen (Germany)


General Provisions I Conclusion of Contract

Object of this Contract is the granting of the usufructuary right for the computer program, which you have acquired from us or your
BINDER dealer.

he right of use for the Software is granted with the conclusion of this license contract. To conclude
this contract, you have to fill and sign the enclosed register card and subsequently mail the card to
us. The software license contract between you and us shall be deemed concluded when we have
received the register card.

In case you should not agree to the provisions of this software license contract as laid
down, you are not entitled to install or even use the Software. In this case you may return
the Software to us or your BINDER dealer, depending from whom you purchased the
Software, and the purchase price will be paid back. Nevertheless, refunds shall only be
carried out when the seal of the DVD-ROM cover is fully intact.
Installation I Conditions for the Computer System

Installation of the software program as well as the additional hardware components may be carried
out either by you or by one of our authorized service stations. In the latter case, your separate order
is essential.

Before starting with the installation you have to make a backup copy of the PC.

We take no legal responsibility neither for wrongful application of the software program nor for the
loss of data if the installation of the Software program and the additional hardware components
(“plug-in board" and converter) has not been carried out according to the enclosed manual or by an
authorized service station.

The software has been tested by us. Your system must provide the conditions described in the
operating manual for usability of the software.


Hotline

With the conclusion of this software license contract, you may use our service-hotline at any time.
We will endeavor to advice and support you in case of problems with the Software to the best of our
possibilities.

Nonetheless, we will only pass on information via the hotline, if you are regularly registered
as our licensee!


Updates

We will inform you about potential up-dates of the software program acquired by you. if you ask for
it, we will deliver and install the up-dates at your cost.
These services also require that you are registered as our licensee.
Copyrights

You may copy our software program, insofar as the copying is essential for the rightful use of the
program. The following reasons for copying shall be deemed essential: installation of the software
program from the original data base to the mass storage device of the used hardware as well as the
loading of the software program into the main memory.

Additionally, you are entitled to make a backup copy for the purpose of safeguarding. You may
make and keep only one back up copy. You have to mark this back up copy as being a copy of the
software program licensed to you.

Further copies, including the output of the program code through the printer, are strictly prohibited.
If you should change your hardware, you are obliged to delete the software program from the mass
storage device of the hardware used so far. You are not allowed to use, keep available or
simultaneously storage the software program on more than one hardware.


Decompilation and Change of Program

Decompilation and reverse engineering of the software program are strictly prohibited.

In general you are not allowed to remove the copy protection or similar protection devices. You may
only remove the copy protection respectively similar protection devices if the protection device
should interfere with or prevent trouble-free use of the software program and - additionally- if we
should not eliminate the disruption within a reasonable time span after being asked by you. You
bear the burden of proof that trouble-free use of the program is interfered with or prevented by the
protection device.

It is strictly prohibited to change or remove serial numbers or other features by which the program
can be identified.

When directly interfering with the software files you will lose all warranty rights.


Sale and Lease

You are entitled to sell or give away free the software program including the manual and additional
material permanently, presupposed that the person acquiring the program agrees that the
conditions of this contract continue to be in force with respect to the acquiring person.

In case you should pass on the Software, you have to hand over to the new user all program
copies, including the backup copy, or to destroy all copies not handed over. After the passing on of
the Software you may not use the program any longer; you right of use lapses.

Nonetheless, you are not entitled to commercially lease the Software - including manual and the
additional material - to a third party. You may borrow the Software (i.e. without receiving monies) to
a third party if the borrower agrees that the conditions of this contract continue to be in force with
respect to him and if you hand over all program copies including the backup copy to the borrower or
if you destroy all copies not handed over to the borrower. For the time the borrower uses the
Software, you may not use the software program yourself.

You may not surrender the Software to a third person if there is reasonable suspicion that the third
person infringes the provisions of this contract, especially if it is suspected that the third person
makes unlawful copies of the program.


Obligation of Information

In case you should sell the Software you are obliged to pass on to us the complete name and
address of the purchaser in writing, if the Buyer is an entrepreneur within the meaning of the
German Civil Code (BGB).
Warranty

All defects of the delivered Software will be repaired by us or our service stations if they occur within
a time span of 12 months, starting with the date of purchase of the Software (the date of the
dealer’s invoice or our invoice shall be crucial).

Defects will only be repaired if you are regularly registered as being our customer (licensee).

The following cases shall be excluded from the guarantee: false program application caused by
improper (not in accordance with the manual) installation of the Software program or the additional
hardware components; if the defect is caused by an accident, or misuse or wrongful application of
the program. We also do not warrant for any defects which are caused due to non-compliance of
the hardware used by you or the use of an incompatible system driver of other hardware
components.

You have no right to ask for repair at your premises. We can decide whether we will remedy the
defect at your site or whether you return the defective goods. In the latter case, in case of a defect
within the legal guarantee period, we cover the shipping costs for returning the goods, in case of a
defect within the legal guarantee period.

If defects are covered by our guarantee, we are entitled - at our discretion - either to cost-free repair
of the defect or to replace the defective part or program.

If the defect cannot be repaired within a reasonable period of time or if repair or replacement should
fail respectively come to nothing for whatever reasons, you are entitled at your discretion to ask for
a price reduction or redhibition (“Wandelung") of the contract. Repair or replacement shall be
regarded as failures not until we have had sufficient opportunity for repair or replacement or if repair
or replacement are impossible or if there are justified doubts with respect to the success of repair or
replacement or if repair or replacement are unreasonable.


Obligation to Inspect and Reprimand

You have to inspect the Software (including manual and additional material) within 5 work days after
the installation of the Software program, especially with respect to the completeness of the
documents as well as the functioning of the program operations as laid down in the manual.

All defects detected due to the inspection or which are detectable, have to be brought to our notice
within additional 5 days in writing. Your reprimand has to contain a detailed description of the
defect(s).

Defects not being detectable in the course of a regular inspection (as described above) have to be
brought to our attention within 5 work days after their detection in writing; additionally, you have to
strictly keep to our reprimand rules as described above.

In case you should not keep to the inspection and reprimand rules, the delivered Software shall be
deemed approved by you regarding the respective defect.
You have to install the software program at the latest within 12 months after the purchase. If should
you not keep to this deadline, we are not obliged to repair any defects.


Liability

We are liable for damages according to the statutes of the applicable law as long as we or our
representatives or servants have acted with malice intent or gross negligence. If we have not acted
with malice intent, our liability shall be restricted to such damages which are foreseeable and have
typically be taken into account while dealing with surrender of software programs.

We also are responsible according to the applicable law if there is an infringement of an obligation
which is especially important and essential for serving this contract’s purpose (so called
“Kardinalpflicht“). in those cases damages shall also be restricted to such which are foreseeable
and have typically be taken into account while dealing with surrender of software programs.

Our liability for culpable infringement of life, body or health remains untouched; the same shall apply
with respect for the compulsory liability according to the German Product Liability Statute
(“Produkthaftungsgesetz”).

All further liability is excluded.


Place of Jurisdiction and Applicable Law

Place of Jurisdiction for all disputes arising in connection with this license contract shall be at our
domicile (Tuttlingen, Germany), presupposed that you are a “full merchant“ in the sense of the
German Commercial Statute (HGB)
This contract shall exclusively be construed under and governed by German substantial law, under
the express exclusion of the UN Vienna Convention on the Sale of Goods of 1980.
March 2010