Terms and Conditions of Trial Version License (February 2017)
Please read this license agreement carefully. By using the VAM2-database you agree with these
1. Subject of Matter
Weiss AG grants the licensee a non-exclusive and non-transferable 14 days time limited right to use the VAM2-database free of charge, unless otherwise agreed in writing.
2. Digital Content for upload
The content uploaded to the VAM2-database application by the licensee remains the licensee´s content. Weiss AG will not download, share or redistribute this content at any time. Nevertheless Weiss AG is entitled to visually check the content for service and support reasons or if asked for.
Content uploaded by Weiss AG to the licensee´s account shall only be used for test purposes and shall remain property of Weiss AG or of the respective rights holder.
All remaining rights, in particular individual property rights and trademark rights regarding to the software and documentation are reserved to Weiss AG as far as no software parts of third parties are affected, for which suitable exploitation rights exist.
The trial license is exclusively for evaluation purposes. The use of the VAM2-database for commercial or productive purposes is explicitly prohibited.
All intellectual property rights concerning the contractual VAM2-database shall remain the property of Weiss AG or the respective rights holder. Any use of the VAM2-database - whether for a consideration or free of charge - by unauthorized third parties is not permitted. Weiss AG reserves the right to claim damage compensation in such cases.
The Licensee shall not acquire any rights in relation to the VAM2-database. The Licensee is not permitted to alter, translate or reverse engineer, disassemble or decompile the VAM2-database, unless such rights are permitted by a rule of law.
3. Supply of Trial Version of VAM2-database
Weiss AG reserves the right to withdraw the trial license of VAM2-database at any time without notice and without any assumption of liability in its discretion. Weiss AG will not be liable for software errors, loss of data or other damages, which occurs by using of the VAM2-database in accordance with clause 5.
4. Obligations of the Licensee
The Licensee of the trial License indemnifies Weiss AG against any and all claims of third parties due to the illegal utilization of the VAM2-database and shall pay all costs of legal defense and any other damages for whatever legal reason.
Any claims for compensation of the Licensee are excluded. Any discharge from liability will be void if a defect results from a gross negligent or intentional breach of contract on the part or in the case that Weiss AG violates duties, which makes the execution of the contract in an appropriate way possible and on which the contractual partner is entitled to rely (fundamental contractual obligations). In such a case the liability is limited to what damage might typically be predicted, if no intentional breach applies. Furthermore, the liability for fraudulent concealment of a defect or in the case that Weiss AG gave a guarantee of the quality or in the event of injury to life, body or health shall remain unaffected. The exclusion of liability does also not apply for damages under the German Product Liability Act.
At the end of the 14-day free trial, the free trial account will expire automatically and all files stored at the VAM2-database will be deleted, unless the Licensee purchases a royalty-bearing license.
7. Applicable Law / Place of Venue
The legal relationship between the parties is subject to the German substantive law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Kaiserslautern (Germany) shall be the sole place of venue for all disputes among the parties arising out of and in relation to this business relationship.
Open source software licenses and contracts
Please contact your Reseller or account manager at Weiss AG for a copy of your contract.
Weiss AG is a supporter of open source projects and developers. Some functionalities of VAM2 would not have been possible without the help of open source contributions. For a list of components and associated web site URLs and credits, please download a copy of the Weiss AG OSS credits as PDF.