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License agreement |
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For the freeware
"Red Dragon - calculation program for the board game of Mahjong" |
© 2003-2010 by Stephan Hilchenbach IT-Services
All rights reserved. |
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| Please read the following conditions of the license carefully
before installation or distribution. The use, distribution, copying
or installation of this software relies on agreement to the conditions
of this license. If you do not agree with any part of the licensing
conditions, you may not install, use, copy or distribute this software. |
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| Producer and owner of the software rights is Mr. Stephan
Hilchenbach. |
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| 1. |
Object of the agreement |
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1.1. |
The object of the agreement is the right of use of the
computer program „Red Dragon“ as a calculation program
for the board game of Mahjong, as well as the documentation to the
program (user instructions / helpline / handbook). The object is from
henceforth known as the „software”. |
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1.2. |
Written agreement is required before the acquisition
of ownership of the software or of any further rights thereto. |
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1.3. |
The following conditions do not apply for additional
services such as installation, integration or adaption of the software
to individual requirements. |
| 2. |
Limitations of use |
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2.1. |
The use of the software is prohibited on computers or
systems with administrative, time-dependent and/or control and supervisory
functions where life, physical capability, health or the support thereof
may be affected. |
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2.2. |
Furthermore, the private or commercial use of the software
is prohibited in games played for money, material or personal gain,
especially in situations conducive to compulsive behaviour patterns. |
| 3. |
Extent of the license |
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3.1. |
Free version |
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I. The user is granted the right to use the software free of
charge. There is no time limit. |
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II. The installation of the software on one
or more PCs or networks and its further distribution remain unlimited. |
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III. It is not permitted to distribute the software
or copies thereof
- for service charge or donation
- for rent. |
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IV. The software may not be altered, analysed or decompiled in any
way by the present user or third person.
The distribution together with other products on all forms of data medium
requires my written agreement. I retain the right to revoke the distribution
of the software at any time and without given reason. |
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V. All additional user rights not specifically granted
in this agreement belong exclusively to Stephan Hilchenbach. I retain
the right to revoke the distribution of the software at any time and
without given reason.
Furthermore I reserve the right to sell the ownership of the software to
a third party. In this case all of my previous rights and obligations in
this agreement become the rights and obligations of the new owner. |
| 4. |
Reproduction |
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4.1. |
The software as well as all pertinent written material
are owned by me, and are protected through copyright laws, international
covenants and further national rights. The copyright qualifiers and
registration numbers contained in the software may not be altered or
removed. A reproduction of complementary documentation or additional
relevant material is not allowed. |
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4.2. |
The program documentation is available for any eventuality
as online help. A printout of the documentation is permissable only
for personal use. |
| 5. |
Warranty exclusion |
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This software is provided "as is", without warranty of any kind, express or implied. In no event shall Stephan Hilchenbach be held liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use this software. |
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Please note: Given the current state of technology we cannot
guarantee that the software will be compatible with all application
conditions. |
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The software is checked for viruses using a current
virus protection program before availability. This also applies for
updates. All security scans have found no evidence that the software
itself contains potentially insecure functions. |
| 6. |
Protection rights |
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6.1. |
The software and accompanying documentation, including
hand book and helpline, are copyright protected. |
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6.2. |
In the case that a third person claims against the user
for violation of protection rights of another copyright through the
delivered software and thereby use of the software is impaired or prohibited,
the following conditions apply:
The owner has the free choice against personal costs to either change or
replace the software in such a way that the previously mentioned protection
rights are not damaged. However, the replacement product shall include
all contractually agreed functions and capabilities.
Alternatively, the user will be made exempt from any further license fees
for the use of the software.
If the above given options prove to be inapplicable, the owner will inform
the user forthwith and from that given moment use of the software will
be prohibited. The user is then obligated to delete the software from his
system and to destroy all documentation and copies thereof. In this case
a partial restitution of the license fee may be deemed appropriate. |
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6.3. |
The conditions for the owner liability according to
paragraph 6.2 are that a user:
I - immediately informs the owner of third person claims
II – does not personally accept alleged copyright damages
III – refrains from any form of claim agreement including any out-of-court
settlements unless given express written permission by the owner
If the user decides to suspend the use of the software in order to limit
potential damage claims or with respect to other factors, he is then obliged
to inform the third person that the suspension in no way represents a recognition
of alleged copyright damages. |
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6.4. |
Should the user be personally responsible for any copyright
damages, no claims against the owner are valid. |
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6.5. |
Further user claims of copyright damages from third
persons against the owner are excluded. This exclusion is not valid
in the case of premeditation, gross negligence, physical injury or
endangerment of life. |
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| Ronnenberg, Germany, 2009-01-01 |
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