This is an unauthorized translation of the original text in German language. Only the original text is legally binding.
§1 Concluding the Contract
Installing the downloaded software binds the end user to the following conditions of use and the terms of the warranty. If the end user does not wish to be bound by these conditions, he should remove all copies of the software from his computer(s).
§2 Copyright and Conditions of Use
All rights pertaining to the Software (program and handbook) are owned exclusively by Jürgen Richter-Gebert and Ulrich Kortenkamp (the Authors). The Software is protected by copyright. Independent of this, the parties agree that the laws of copyright shall apply to the Software.
The Authors grant the end user, subject to legal liability, the non-exclusive right to use the Software as described by the terms of this contract. Under this contract use of the program is restricted to that carried out according to the instructions described in the handbook. Decompiling, disassembling, reverse engineering or in any way changing the program is expressly forbidden.
A single user license for the program may, at any one time, only be used on one computer at a single workplace. When used on computers with several or many terminals or in a network, a network license that suits the setup must be purchased.
The end user may not demand the handing over of the source program or information pertaining to it or the production documentation or the Software even when the Authors cease to improve or update the Software.
The runtime libraries for interactive web pages ("cindyrun.jar" or "cindyrun2.jar") as mentioned in the manual may be redistributed unchanged together with interactive constructions, animations and exercises created by the Software, if no fee is charged, and a link to the web pages of the Software (http://cinderella.de) is provided on the page of the construction, animation or exercise, or on the page of contents referring to it. You may also include properties files from the Languages folder containing translations of the software for use with the interactive constructions.
This explicitly excludes the redistribution within commercial online services, CD-ROMs or as an add-on for books (even if there is no additional fee).
§3 Transfer of a License
Any transfer (e.g. sale) of a license certificate to a third party and with it the transfer of the right and the possibility of its use may only occur with the written permission of the Authors.
The Authors will give this permission when the end user up to this point makes a written application and the subsequent end user makes a declaration that he will remain bound by the terms of this contract. Receipt of permission terminates the right of the first end user to operate the program and the transfer to the second end user may take place.
§4 Unauthorized Use
The complete Software is protected by the laws of copyright, the laws governing the use of trademarks, the laws of trade and commerce and this contract. Violations may lead to action being taken under civil and criminal law.
The buyer is liable to the Authros for any damages or detriment accruing from any infringement of these regulations.
If the customer violates the obligations set out in §§ 2 and 3, the Authors can withdraw the authority to use the program immediately without giving notice.
§5 Functional Limitations of the Software
Even with the latest state of technological development and with meticulous care being taken during production, errors in the Software cannot be excluded.
The Software tries to simulate geometrical constructions and physics simulation via a mathematical model. This approach suffers from numerical effects and the results must not be used without careful checking and deliberation at the responsibility of the user. The constructions done with the Software serve no other use than for teaching and there is no warranty - neither expressed nor implied - for correct calculations.
The hardware and basis Software described in the handbook are necessary for the functional capability of the program. The installation of the Software must be carried out exactly as described in the instructions in the handbook. Deviation from these instructions can lead to damage of the hardware and also to other software and data.
The runtime library for interactive web pages has been tested for best compatibility with current (April 2006) browsers. Nevertheless, neither Springer-Verlag nor the authors can guarantee for the representation, correctness and usability of constructions and exercises in interactive WWW pages.
In response to justified claims, the Authors have, as first possibility, the option of supplying the user with another copy of the program (including another program release). If the claim is still not remedied, the end user can demand the return of the selling price from his supplier when he returns the Software in compliance to the terms set out in §7. Any issued license certificate will become invalid.
A prerequisite to making a claim under the warranty is that the end user supplies an exact description of the defect in writing.
The end user has no claim to a reduction in the selling price or to correction of defects. In other respects the German Code of Civil Law (BGB) concerning the warranty of goods shall apply (§§ 459 to 480 BGB).
§7 Returning the Software
The customer can only return the licensed Software (e.g. according to §1 or 6 Sect. 1) in its entirety (in particular, if supplied, with the handbook and the program discs) together with the original sales receipt/invoice. In addition he has to hand over a declaration that the license certificate will not be used anymore.
Should this declaration prove to be false, the Authors can demand a contract penalty of three times the recommended retail price and further compensation if necessary.
The Authors offer online help by means of a web forum and a support email address. However, this is a voluntary service and is not the customer's right.
The questions can be concerned with installation, operation, and problems of utilization. Information on mathematical questions will not be given.
Questions can only be handled if sent in electronically. The questions are normally answered in the order they are received. It will not be possible to answer every question.
The Authors are only liable for willful intent, gross negligence, and when the program fails to fulfill its assured purpose and function. The assured purpose and functions are those which are explicitly declared in writing. There is no liability for information described in §8.
The liability under German law for product liability is unaffected. The plea that the end user is also at fault remains an option for the Authors.
The location of the competent court for all legal action in connection with the Software and this contract is Berlin, Germany, if the contract partner is a registered trader or equivalent, or if he has no legal domicile in Germany.
This contract is exclusively governed by the law of the Federal Republic of Germany with the exception of the UNCITRAL laws of trade and commerce.
Should any provision of the contract prove unenforceable or if the contract is incomplete, the remaining provisions will remain unaffected. The invalid provision shall be deemed replaced by the provision which in a legally binding matter comes nearest in its meaning and purpose to the unenforceable provision. This shall apply to any omission in the contract that may occur.
Additional LicensesIncluded with Cinderella.2 are several third-party-libraries, which require Additional Licenses.
Contributors to this page: Kortenkamp
The content on this page is licensed under the terms of the License.