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Terms of Use

To download the application "InvoiceView" & Terms of Use of Software

By clicking the option box marked “I accept" the Customer ("User") indicates his/her willingness to comply with the following conditions ("Terms of Use").

PREAMPLE

The InvoiceView program ("Software") is a freeware product, which DB Cargo AG ("DB Cargo") provides for its customers free of charge, enabling them to view invoice details in XML format.

The Software is owned by computer scientist Markus Pils, residing at Alte Länderstrasse 12, 64560 Riedstadt (“Manufacturer”) and protected under copyright law. DB Cargo has the right to grant Software licenses to Users and to permit Users to download the Software. The Software is licensed to the Users and not sold to them.

§ 1 LICENSE

DB Cargo makes the Software available to the User for download and hereby grants him/her a limited, non-sub-licensable, revocable, non-exclusive and non-transferrable license to use the Software in accordance with these Terms of Use.

§ 2 RIGHTS OF THE USER

The User is only permitted to install and use a copy of the software on a computer or network and only pursuant to the Terms of Use.

§ 3 LICENSE RESTRICTIONS

1.    The User is not permitted (a) to reverse engineer, decompile, disassemble or modify the Software or develop versions derived from it, (b) to sublicense, rent, lease, assign, sell or otherwise transfer the Software, its associated components or accompanying documents to third parties, (c) to cause any third party to undertake the foregoing actions or to assist or permit the latter to undertake such actions.

2.    Using or operating the Software in connection with products which have not been issued by DB Cargo or its affiliated companies is expressly excluded from the License referred to in the Terms of Use.

3.    With respect to use of the Software, the User shall be solely liable for using the Software and any consequences arising from its use. The User declares itself willing to use the Software only within the framework of what is permitted by law and in accordance with these Terms of Use.

4.    Where the User wishes to have follow-up software or individualized software, this must be agreed solely with the Manufacturer.  

§ 4 DURATION AND TERMINATION

1.    This License is valid for the entire useful life of the Software.  The License will, however, be terminated by DB Cargo automatically without further notice if the User breaches the Terms of Use. 

2.    In addition, DB Cargo reserves the right to suspend, at its sole discretion, the User's access to the Software, at any time and for any reason, with or without prior notice. On termination of the License, the User shall destroy all copies of the Software.

3.    The limitations of warranty and liability set out below shall remain valid even after any termination.  Following termination of the License (a) all rights granted to the User under these Terms of Use shall be extinguished, and (b) the User must cease to use the Software forthwith.

§ 5 SUPPORT AND FURTHER DEVELOPMENT

1.    The provision of the Software and/or License purely constitutes a service. In particular, provision of the Software by the Manufacturer and/or provision and licensing by DB Cargo, shall not give rise to a right on the part of the User to claim technical or other support from the Manufacturer, DB Cargo or a third party nor any right to further development, updates or upgrades of the Software.

2.    Furthermore, DB Cargo shall not be responsible for any costs arising from the fact that the Software is extended or adapted by the Manufacturer for the User's internal requirements. 

§ 6 EXCLUSION OF WARRANTY AND LIABILITY

1.    The Software is made available to the User without any warranty or assurance of any sort. This relates in particular to its serviceability or fitness for purpose.

2.    The downloading and/or any other acquisition as well as the specific use of the Software takes place at the User's own discretion and sole risk .In the absence of any mandatory legal provision to the contrary, all liability on the part of the Manufacturer or DB Cargo for the provision of the Software or for the licensing, whether contractual or non-contractual, is excluded.

3.    Sub-clause 2 applies to DB Cargo as well as to all updates or modifications of the Software which the User agrees bilaterally with the Manufacturer and/or commissions to be carried out. 

§ 7 INDEMNIFICATION

The User shall indemnify the Manufacturer, DB Cargo and its subsidiaries, managers, authorized representatives and employees, licensors and partners from any claims by third parties arising as a result of or in connection with the use of the Software or the breach of these Terms of Use. 

§ 8 INTELLECTUAL PROPERTY

The Manufacturer shall retain ownership of all rights, particularly intellectual property rights, over and/or to the Software. The User shall not acquire any rights over and/or to the Software, other than the limited license expressly specified in these Terms of Use.

§ 9 GENERAL PROVISIONS

1.    These Terms of Use contain all the rights relating to the use of the Software and constitute the entire agreement between the Parties. The User's Terms and Conditions are not binding even where DB Cargo does not expressly reject them.

2.    Where a provision of these Terms of Use are or become invalid, or where they contain an omission, the validity of the Terms of Use shall remain otherwise unaffected. 


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