General Terms & Conditions

for software-products


Please read the following conditions carefully before using the software!

This is a legally valid contract between you (natural or legal person) and Cybersystems GmbH. By using the software you confirm that you have read this license agreement and agree to the terms and conditions, and that you declare your consent to the following license conditions. Further, you confirm that only this license agreement has legal validity with regard to this software, regardless of any other prior written or oral agreements made so far. In case you do not agree to the terms of the license or of this contract, you should deist from using this software immediately.

1. Granting a license

The software is the property of Cybersystems GmbH or of its suppliers and is protected by copyright and international patent and copy rights, international contracts and other national statutes., as well as laws and agreements governing intellectual property. With the purchase, you will be acquiring only the license for using the software, and not the software itself. You may create a copy of the software exclusively for back up or archiving purposes or transfer the software to a single hard disc, provided you retain the original exclusively for back up or archiving purposes.

2. Copyright

This license agreement entitles you to a copy of the software product (software) of Cybersystems GmbH, which has been acquired through this license, for use on the number of servers and users specified and ordered for the respective product. The software is "in use" on a computer if it has been loaded into the RAM or installed on a permanent memory (such as a hard disc drive, CD-Rom or other data storage medium) on this computer (server or client).

3. Other restrictions

You may not lease this software, rent it, or issue sub-licenses. You are however free to transfer the rights from this license agreement to a third party, provided you hand over all copies of the software and the entire written accompanying material and the third party declares his consent to the stipulations of this contract.
In case the software that is transferred is an updated version (Update), the latest update version inclusive of all the earlier versions should be transferred.
You are not entitled to perform reverse engineering on the software, decompile it or disassemble it, unless this is allowed by the applicable law, and only to that extent, regardless of this restriction.

4. Software Assurance

Software Assurance is a software maintenance contract that gives you access to software patches and updates for the software that you have ordered during the one year tenure of the contract. The updates are functional updates and compatibility updates for updating the basic software, or the platform for which the software has been written. Cybersystems reserve the right to stop the Software Assurance services after 3 months following an update of the basic product/platform for which your software has been written, if the basic software were to suddenly possess the functionality of the Cybersystems software.

5. Free testing

The customer will receive the right to test the software free of cost before purchase, for a period of 30 days. For this, the software can be downloaded on to the client's servers and client computers, installed and activated using a demo-key. In case the user is not satisfied with the software it can be uninstalled without traces using an uninstall program.

6. Delivery and payment

Subsequent to the payment by demand draft or credit card, the license key will be supplied to the customer. The customer will then activate the software for an unlimited time for the number of servers and user licenses that have been purchased.

7. Limited warranty / exclusion of liability

You acknowledge explicitly and thereby agree that you will use the software at your own risk. Cybersystems GmbH rejects all explicit or implicit warranty with respect to the suitability or usability for a particular purpose. Cybersystems GmbH does not provide any warranty that the functions contained in the software correspond to their needs or that the use of the software would be free from interruptions or defects, or that errors in the software must be corrected.
All performance data and other software describes do not thus represent any guarantee of any properties whatsoever.
The entire risk with respect to the results and performance of the software thus rests with you, in case the software is damaged, you shall be responsible for the risk and for the costs of the necessary repair measures or corrections.

8. Customer claims

The entire liability of Cybersystems GmbH and its suppliers and their sole claim exist, as chosen by Cybersystems GmbH, either in
a) in the reimbursement of the sale price or
b) in repairs or
c) replacement of the software,
all further warranty claims are excluded.
This limited guarantee is not applicable if the software failure is due to an accident, misuse or wrong usage. Cybersystems GmbH undertakes a warranty for the replacement software only for the balance period of the original warranty period, the warranty period will not get extended in case of a replacement delivery.

9. No further warranty

Cybersystems GmbH and its suppliers exclude themselves from all further warranty for the software and the written accompanying material. This exclusion clause is also applicable, but not only exclusively applicable to the tacitly accepted usability for a definite purpose.

10. No liability for consequent damages

Neither Cybersystems GmbH nor its suppliers undertake any liability for any damages whatsoever that may be incurred indirectly, concretely or as consequent damages arising due to the use of this software or the inability to use this software, even if Cybersystems GmbH has been advised of the possibility of such a damage. This includes damages without restrictions from loss of profits, interruptions to normal operations, loss of business information or financial losses. Claims that are based on statutory regulations on product liability cannot be waived.

11. Export regulations of the USA

The software and the relevant documentation are subject to the export regulations of the Export
Administration Act of the United States of America. These clauses forbid the export of specific equipment and technical data including the software to certain countries. Exporting the software to the following countries is explicitly forbidden: Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria. With this license agreement, you consent not to export this software and the documentation from your country.

12. Applicable law

All legal relations between the parties will be governed by Swiss law.
The court of jurisdiction is Zurich.
In case you have any questions regarding this contract or wish to contact Cybersystems GmbH, please write to:

Cybersystems GmbH

Luggwegstrasse 9
CH-8048 Zürich

Version 1.1
from 5th of September 2013