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
§ 2 RIGHTS OF THE USER
§ 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.
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
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.
§ 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
§ 8 INTELLECTUAL PROPERTY
§ 9 GENERAL PROVISIONS