1. SUBJECT OF THE AGREEMENT
ABCinema guarantees you (the customer) a non-exclusive license for the supplied ABCinema product (the multi media book). You have the right to use the purchased software on a suitable computer in a browser during a period of at least three years after the date of purchase.
The book may be used on the condition that it is accessed by atmost three (network) computers. When more than three computers access the book through a server, for each next threesome network computers (workstations) a separate license should be purchased. The buyer of the book is solely responsible for the use of thebook.
3 PROPERTY, COPYRIGHT AND PATENT LAW
The ownership and copyright or other patent rights to the software and the data remain -as before- with the right holders.
An individual serial number is included. You have the right to install or reinstall the book on another or on the same computer. To that end, you have to deinstall the book first and deactivate the serial number.
5. DIGITAL QUOTATIONS
You are aware of the fact that the use of digital audio, image and movie quotes is not exhaustively defined by law. The use of these quotes in the book is based on
a) the usual scientific mores by the inclusion of quotations;
b) the current interpretation of citaatrecht (Court of Amsterdam, June 6, 2007, HA ZA 06-3976);
c) the “Statement of Best Practices” of Current.org, November 28, 2005.
If, despite these precautions, there are compelling and legitimate reasons to remove or to cut certain quotes, you agree that ABCinema will adjust the book without your consultation.
6. COPY AND RENTAL BAN / OTHER BUSINESS USE
The licensed book may not be copied in whole or in part other than for installation and own use. The licensed book may not be rented out or distributed to a third party without written permission from ABCinema.
7. TRANSFER AND OTHER AGREEMENTS
The transfer of the rights and obligations under this license to third parties is not possible. The isolated transfer of the serial number is explicitly prohibited. Neither ABCinema nor an employee of ABCinema can issue an oral or written statement in which the terms of this agreement change or reverse.
8. AMENDMENT PROHIBITION
You may not make any changes to the licensed software, personally or via third parties. You may not disassemble the software into its components, nor modify the object code, decompile, copy or use in any way other than that foreseen in the contract.
9. CLAIMS IN CONNECTION WITH DAMAGE
The patent and copyright of the licensed software and data – with the exception of digital quotes from third parties – is held by ABCinema or by the legal person that ABCinema represents. You can be liable for each violation of the patent and copyright by the legal owner. It is allowed to quote from the book based on the rules specified in point 5.
10. WARRANTY AND LIABILITY
a) You are aware that state of the art software programs and associated documentation may contain errors, and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all customer requirements, or error-free in conjunction with all third-party programs and hardware. The object of the contract is therefore software that is generally useable in the sense of the program description and user instructions. ABCinema provides no assurances of particular features and usability related to planned customer-specific applications.
b) Whatever the reason, the liability of ABCinema is limited to the amount of the paid customer’s license fee minus administration costs. The liability of ABCinema does not extend to improper use and unforeseen damage. Liability due to lost profits or income is explicitly excluded.
c) Deficiencies should be reported immediately after they are found, and at the latest within 30 days. If the deficiency – to the understanding of ABCinema- is a reparable lack, it will be replaced by a similar product or by a new version with similar capabilities using the automatic update. Shortening and / or removing digital citations is in any case no deficiency.
d) In relation to update and activation functions that operate via an Online Server, ABCinema guarantees average server availability of 90% a year. This does not include times in which the server is not available over the Internet due to technical or other problems not under the sphere of influence of ABCinema (force majeure, third party defaults, etc.). ABCinema explicitly does not vouch that the conditions outside the software are available at all times and are indelible. ABCinema will however, attempt to ensure that the connection service is provided for the duration of the reasonably expected software usage (life cycle), or at least one year following the customer’s purchase of the license.
e) ABCinema can temporarily limit or block access to the services, as long as this is to provide public safety, network safety, maintenance of network integrity and improved interoperability of the service, data protection, to counter spam or computer viruses or to render operationally or technically necessary services. The aforementioned limitations are exempt when calculating the stated service availability.
11. LICENSE CONDITIONS OF OTHER MANUFACTURERS
If the licensed product contains additional software, or should additional software be integrated, then compliance with the use and license conditions of the manufacturer of said delivered additional software is also compulsory.
12. VALIDITY OF CONTRACTUAL CONDITIONS
Should one or more of the conditions in this contract be or become invalid, this will not affect the validity of the remaining contract. A substitute provision will replace the invalid condition, such as comes closest to the intended purpose. Place of performance for delivery purposes in Europe is Tiel. The contract is subject to the law of the Netherlands.