daylight Elements 1.2.0.1

EULA - End User License Agreement

Subject of the license
educo gmbh grants the customer a non-transferable and non-exclusive license to personally use the product.
The licensed product shall contain, in addition to the software, all associated documentation.
Scope of the license
The main license entitles the customer, for payment of the agreed fee, to the personal use of the software solely by the user specified in the license registration. In addition, the customer shall be entitled to use the associated documentation.
For use of the programs by anyone other than the registered user, an additional license (sub-license) will be required for each user.
Delivery of the programs
educo gmbh will provide the latest version of the programs.
The programs are to be installed by the customers themselves and at their own responsibility. If needed, educo gmbh will support the customer, charging the respectively agreed hourly rate for services.
If software licensed to the customer should be completely or partially damaged or accidentally deleted, educo gmbh will replace it free of charge, billing only the expenses (such as medium, working hours and shipping costs).
Rights to the programs
A main or sub-license will give the customer a right of use. All other rights to the programs, particularly ownership, will remain with the developers of the programs or educo gmbh. This will also apply if the customer modifies the programs. The customer shall not transfer, leave or otherwise make accessible the programs to any third parties.
Without the prior written consent of educo gmbh, the customer may not create any copies of the software on other media. educo gmbh may grant the customer permission to make copies of the software at his own cost. In any case, the customer shall keep records of the number and storage of the copies. The rights to copies are governed by the same rules as the original supplied by educo gmbh.
The documentation may not be copied. Additional copies can be obtained under the currently applicable conditions from educo gmbh.
Warranty
educo gmbh warrants that at the time of delivery by educo gmbh the program referred to in the license registration shall meet the program specifications described in the manual (in case of use under the designated conditions of operations).
Otherwise educo gmbh undertakes, for one year, to correct the program to the best of its ability and within a reasonable time, free of charge. The place of performance under the guarantee shall be the head office of educo gmbh.
Any defects shall be notified in writing to educo gmbh within 10 days after their detection.
Any further liability of any kind, in particular for any consequential, incidental or indirect damage (e.g. loss of profit, claims of third parties) is expressly waived. In particular, educo gmbh does not warrant that the programs in the selected combination will run without interruption and error, nor that the existing functions will meet the customer's needs. The customer has to ensure data privacy. He shall bear the responsibility for the use of the programs.
Modification of the programs by the customer or any third party shall void any guarantee.
Termination
The customer may terminate the license listed on the license registration at any time by written notification to educo gmbh. Termination shall in any case cover all the program components.
educo gmbh may terminate the present agreement or individual licenses only in case of violation of the agreement by the customer. The right to termination for cause remains reserved.
Termination of the present agreement according to either of the above Items a and b shall not entitle the customer (regardless of the duration of the use of the software) to any refund of fees.
In case of termination of a license, the customer shall return the original and all complete or partial copies obtained from educo gmbh, as well as the documentation, and to destroy or delete any complete or partial self-made copies.
If a program is replaced by a new version, the customer shall be entitled to keep the old version for a transitional period of 6 months free of charge in order to be able to use it alternatively if the need should arise (substitute program). After this, the old version shall be returned or destroyed/deleted, respectively.
Upon request of educo gmbh, the customer shall confirm in writing the destruction and/or deletion of programs.
Notification of termination must in any case be sent in by registered letter.
Further provisions
The rights of the customer shall enter into force upon submission of the license registration to educo gmbh. Modification of programs shall be allowed only with the prior written consent of educo gmbh.
The rights and obligations of the customer shall not be transferable. In particular, the customer may not transfer the licenses nor grant sub-licenses.
The customer shall take appropriate precautions to ensure that all persons who have access to the programs will comply with the obligations of the customer.
The customer must assert any claim for compensation within one year after the claim arises.

The rights of the customers are conclusively defined in these general terms and conditions.
Invalidity of any provision of these general terms and conditions shall not affect the validity of the remaining regulations thereof. In this case, the contract shall be amended, taking into account the legal and customary provisions rules, in such a way that the intended economic success will be achieved as far as possible.

Additional agreements and modifications to these general terms and conditions shall be valid only if agreed in writing.

The present agreement shall be governed by Swiss law. The legal venue for both parties shall be Winterthur.