The conditions of licensing, under which the licenser Sandig Software Productions GmbH ("SSP") licenses the software product "xw-browse" ( Javascript read-only Grid-Control ) for the licensee are covered below. These conditions must be accepted by the licensee when ordering the product online at SSP's website by actively checking the corresponding checkbox during checkout.
"xw-browse" is standard software (not individual software), which is left to the licensee by purchase for a one-time fee for an unlimited period of time for not exclusive use.
Licensees have no claim to free support. "xw-browse" is provided as test-version (exclusively for testing purposes!) in a compressed library for interested customers without charge. So they can check, whether the product and its documentation is suitable for their purposes. The documentation is completely provided at SSP's website.
Additionally, licensees receive the uncompressed source code of "xw-browse" , too.
The software is exclusively distributed on SSP's website and is made available via download to the licensee after complete payment.
A resale of "xw-browse" as an isolated product is not allowed. The license isn't personalized per developer, merely a license for a sufficient amount of developers must be purchased for those using the product. If "xw-browse" is provided indirectly to developers as a component/module built by the licensee (e.g. as "wrapper"), these conditions apply for this component/module, too.
Apart from that the licensee can freely use "xw-browse" in his own products, no further fees are charged. However, the uncompressed source code of "xw-browse" must not be made available to the users of these products.
SSP offers "xw-browse" exclusively to companies and institutes/organizations ("B2B") from the European Union at the moment. Customers outside Germany must provide their VAT registration number to prove that they are not private persons. SSP will check the VAT registration numbers for all incoming orders from outside Germany.
Insofar as legal obligations for the deduction of tax at source are established for customers from outside Germany, the company is obligated to supplement the payments by "additional amounts" so that the originally intended payment is made after the deduction / withholding (so-called "gross-up").
To the maximum extent permitted by law, SSP shall in no event be liable (explicitly, implicitly or otherwise) for any loss and/or damage of any kind (including but not limited to direct and indirect damage, consequential damage or loss, punitive damage or incidental loss and/or damage, including, but not limited to the loss of data, profit, other intangibles, the cost of procurement of substitute goods and/or services) that may result from or in connection with "xw-browse" , even if SSP has been notified of the possibility of such loss and/or damage. A potential liability shall be limited to maximal the amount of the purchase price. By providing a free version of "xw-browse" for testing purposes, SSP offers a possibility for interested customers to check the product sufficiently before purchase, so they can decide whether it fit their needs and whether possible deficiencies can be accepted.
If one or more of the mentioned terms and conditions are ineffective or become ineffective (wholly or partially), efficacy of the other terms and conditions shall not be touched. The same shall apply, if it should emerge that terms and/or conditions have a regulatory gap. The licenser or the licensee may demand an agreement (instead of the ineffective term/condition or to fill the regulatory gap) most appropriate to the entirety of terms and conditions. If no agreement can be achieved, instead of the ineffective regulations or for the completion of the gap, the appropriate, adequate regulation in accordance with legal requirements shall become valid.
Jurisdiction for all actions resulting from this license conditions is, as far as permissible, Bamberg, Germany.