The General Business Conditions of the Carl Zeiss Ophthalmic Products Division apply.
License agreement for the use of the private user version of "FrameDC by Zeiss" software (also called "FrameDC by Zeiss EV-Version" for short)
§ 1 Right of Use
Conditional on your acceptance of this agreement we, Dehler new media GmbH – hereinafter called the licensor – hereby grant the private user of the software licensed by this agreement – hereinafter called the licensee – the right to use “FrameDC by Zeiss“ software in the private user version –hereinafter called the software – in accordance with the system specifications attached to this agreement or disclosed by us and in accordance with the following provisions. These provisions also apply correspondingly to data bases created with the aid of the licensor’s digitalisation FrameScan software for further processing with the above-mentioned software (digitalised spectacle frames) – hereinafter called FrameScan objects- in so far as no special provisions are to be found on this matter below.
§ 2 Area of application
By reason of the purpose of use foreseen, the software may only be used in Germany by private users; use elsewhere, and particularly commercial use, is only permitted with the licensor’s written consent. The software may only be downloaded from the licensor’s web-site. The software may also be used in a variety of locations and in a network for private purposes, subject to the observance of these conditions. Copies of the software may only be made for back-up purposes; copying of the documents relating to the software (the manual or similar) or copying of extracts thereof is not permitted. The licensee must take all suitable and reasonable precautions to ensure that third parties cannot act in breach of the conditions of use set out in this agreement.
§ 3 Copyright (including FrameScan objects)
The copyright for the software and the documents relating to the software is vested in the licensor. The digitalised products processed with the software – particularly the FrameScan objects – are subject to the copyright of the product manufacturer. FrameScan objects may be freely used and published for private purposes. However, industrial or commercial use of FrameScan objects requires the licensor’s written consent.
§ 4 Warranty and liability
The licensor makes every effort to deliver problem-free software; nevertheless complete freedom from defects cannot be guaranteed due to the complexity of the software in question. The Internet download, the installation or the execution of the software are made at the private user’s personal responsibility and risk. The licensor accepts no warranty whatsoever for the trouble-free running of the software or for data retrieval over the Internet. The licensor is also unable to warrant that programs used in conjunction with the software run without interruptions and problems and that the program functions are executable in all combinations. No guarantees can also be given for the attainment of special purposes of use. In so far as is permitted by law, liability for all program errors or dereliction of duty, especially in connection with direct or indirect loss or damage, consequential loss or third party loss is excluded unless caused by intent or gross negligence. The licensee and operator is obliged in all cases to use data protection systems suitable for his use for the avoidance of damage or for damage limitation, such as data back-up systems, anti-virus systems, firewalls or similar. However, within the constraints permitted by law, the licensor accepts no liability for operating system-specific changes in connection with the requirements necessary for the software; the licensor recommends that only the versions of Microsoft Windows suggested for use with the software are used, i.e. the version tested and approved for use with the licensor’s software.
§ 5 Development
There is no right to on-going up-dates or new versions of the software. .
§ 6 Data protection:
The licensee agrees that the licensor may, during the currency of the agreement, retain personal data and data bases which the licensee passed to the licensor in so far as this is necessary for the performance of the purpose of the agreement and especially for invoicing purposes. The licensee is aware that due to the structure of the Internet it is possible to intercept data on transmission. The licensee accepts this risk. The licensor accepts no liability for any breach of confidentiality of email messages or information transmitted by other means. In order to avoid the misuse of images of frames during the use of the software, the licensor will be given the licensee’s IP number; the licensee expressly declares his agreement to this. Misuse occurs, for example, if the licensee loads a white image in order to use the digitalised versions for purposes other than those intended.
§ 7 General provisions
This contractual relationship is exclusively subject to German law. Breaches of the above methods of use and the licensor’s copyright will be pursued in civil and criminal law. The place of jurisdiction is deemed to be agreed to be the licensor’s Head Office in so far as is permitted by law. All trade-marks mentioned are the property of the relevant holders of the proprietary rights. If one of the above provisions should be or become invalid, this does not affect the validity of the remaining provisions; in such a case a determination shall apply which comes closest to the recognisable purpose of the agreement and the intention of the parties in the invalid provision. |  ZEISS Try-On
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