Please read the following terms of the end-user license agreement on the software specified below carefully.
When you click the "Accept" button or when you install, copy or use this software in any other way, you confirm that you have read and understood the terms of this end-user license agreement and that you recognize its substantive regulations as legally binding.
If you or the company you represent do not agree with the terms of this end-user license agreement, do not install this software. If you do not agree to the applicability of any term of this end-user license agreement, you will not be authorized to use this software. By installing, copying or otherwise using software updates and/or software upgrades you will also become subject to the applicability of any additional licensing terms, which are enclosed with these updates and/or upgrades. If you do not accept those additional licensing terms, the installation, copying, or the use of these updates and/or updates is prohibited.
An evaluation license (trial license) is a license (right of use) to the software, which authorizes the licensee to use all functions of the corresponding software product. A trial license, however, exclusively authorizes use of the software for testing and evaluating the software within the agreed period of time. The licensee is prohibited from using the trial license for publishing data generated within the PhysicsEditor evaluation license in his own products or in the software components of third parties or to use it for his own business purposes. In this case the purchase of a single user license, a volume license or a lifetime license is required.
A single user license authorizes the named user to use the software with the provided license key on two clients (hardware, computer) maximum. The account name on both clients must be identical. The (shared) use of a PhysicsEditor single user license by more than one named user is expressly prohibited. The license key for a specific PhysicsEditor single user license may not be actively installed on more than two clients at the same time.
A PhysicsEditor volume license authorizes the licensee to use the license key for as many additional software copies as permitted by the specified number of clients in the corresponding order confirmation or license certificate. The number of clients on which the software has been installed and for which the license key has been activated must not exceed the number of licenses. The clients may only be used by the corresponding number of users, i.e. a server installation is prohibited.
The scope of a PhysicsEditor blogger/framework license corresponds to the scope of the PhysicsEditor single user license. This license may only be granted after prior verification and approval by CodeAndWeb and will be granted to blog writers or framework developers. The acquisition of this license is subject to a separate request to CodeAndWeb. There is no legal claim to a PhysicsEditor blogger/framework license.
CodeAndWeb makes the software accessible to licensee prior to the general commercial release of such software. The licensee is not required to use the beta version of the software. Nevertheless, if CodeAndWeb offers it, licensee may elect to use it under the following mentioned terms. The right to use the beta PhysicsEditor software may be limited in time, and may be subject to additional following subscription terms. CodeAndWeb may request or require that the licensee provide suggestions, feedback, or data regarding the use of the beta software. In addition to the waivers and limitations of liability for all software under PhysicsEditor beta license, licensee specifically acknowledge that beta software is not final and may create incompatibilities or damage to your computer, data, and/or software. If licensee decides to install and/or use beta PhysicsEditor software, it is entirely at own risk. CodeAndWeb shall terminate the licenses if licensee sell or attempt to sell the beta version of PhysicsEditor. CodeAndWeb may deny or revoke a beta license for any reason. In connection with PhysicsEditor beta license, licensee may not use the software in any way that would compete with CodeAndWeb.
If CodeAndWeb is not willing or not in a position to provide rectification or replacement or if the action will be delayed beyond the reasonable period agreed upon with the end-user or if the action will fail due to any other reasons, the end-user shall be entitled to withdraw from the contract or may insist on a reduction of the license price. A rectification or replacement shall only be considered as not having been carried out after CodeAndWeb has been given ample opportunity for rectification or replacement and when the actions did not produce the desired success, when rectification or replacement is not possible or refused or unreasonably delayed by CodeAndWeb, or when rectification has been carried out twice without success. The right of the end-user to claim for damages under § 437 of the German Civil Code (BGB) remains unaffected.
The licensee shall take note of § 536 b and § 536 c of the German Civil Code (BGB). These shall not be applicable between the parties. The licensee has to inform and complain to CodeAndWeb about failures of PhysicsEditor immediately, but latest within 10 working days.
§ 536 a II of the German Civil Code (BGB) (Selbstbeseitigungsrecht des Mieters) shall not be applicable. CodeAndWebs liability for failures regardless of fault § 536 a I of the German Civil Code (BGB) shall not be applicable.
CodeAndWeb will collect and use client-related data only to the extent which is necessary to execute this contract (GDPR Art. 6, 1b). The following data is submitted with each start of PhysicsEditor: Installed version of PhysicsEditor, computer fingerprint, operating system and version, license type.
Additional data submitted for single user, blogger or volume licenses: Account name of current user, computer name, license key.
A previously activated license key is submitted when activating an upgrade license. The license server additionally stores data of a license activation and the date of the last use of PhysicsEditor.
Trial activation data is automatically deleted after 180 days. Activation data of licenses is deleted 60 days after deactivating the license on a computer.