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Licence Agreement for Software Licensing


This Licence Agreement for Software Licensing is aimed at users of the software supplied by AMPLECTOR, regardless of whether it has been purchased from an Internet store or delivered by AMPLECTOR in another way. Users within the meaning of the provisions of this Licence are all natural persons or legal entities or partnerships who or which have concluded a contract with AMPLECTOR for the supply and use of the relevant software.



The following Licence Agreement is concluded between AMPLECTOR Engineering UG (Limited Liability), Friesheimer Str. 22, 50374 Erftstadt  (hereinafter AMPLECTOR) and you as user, for the software purchased by you from AMPLECTOR. By purchasing the software, you acknowledge the provisions of this Licence Agreement as binding.


§ 1 Subject of the Agreement

(1) The subject of this Agreement is the software purchased by you from AMPLECTOR and the associated user documentation in electronic form, hereinafter collectively referred to as the Software.

(2) The Software is provided to you for permanent use.


§ 2 Rights of use

(1) The right of use granted by AMPLECTOR under the terms of this Agreement is intended for the licence holder’s own internal business purposes in accordance with the conditions contained in this Agreement. The installation and use of the Software may only be carried out on one end device at a time for a single Software acquisition. If the user purchases multiple Software licences, this entitles the user to use the Software according to the number of licences purchased. The total number of Software installations may not exceed the number of licences purchased.

(2) If you use the trial or “demo” version of the Software (“Trial Version” or “Demo Version”), you may not use it beyond the specified trial period, unless you have purchased the standard version of the Software from AMPLECTOR before the end of the trial period.

(3) If you have purchased a multi-user licence, then the number of workstations on which you install the client and from which you may use the Software at the same time will depend on the number of users specified in the licence.

(4) In addition, the Software may only be copied if such reproduction is necessary for the use of the programme. Necessary reproductions include, in particular, the installation of the programme on the mass storage medium of the hardware used as well as loading the programme into the working memory.

(5) In addition, you may make a reproduction for backup purposes only. However, only a single backup copy may be made and retained in each case. This backup copy must be marked as such.

(6) Further reproductions shall not be permitted.

(7) A distribution of the Software or providing public access to the Software or any part thereof on an exchange service is also prohibited, as is rental or leasing. In the case of a violation of the rights of use, not only shall your right to use the Software expire, but AMPLECTOR also reserves the right to take civil and criminal action against the infringement.


§ 3 Resale and rental

(1) You may only sell or give the Software, including the other accompanying material, to third parties on a permanent basis if the acquiring third party has declared his agreement to the continued validity of the terms of this Agreement, including to AMPLECTOR. When passing on the software, you shall be required to submit to AMPLECTOR, without being specifically requested, the corresponding declaration by the buyer relating to agreement to the validity of the terms of this Agreement.

(2) You shall retain the terms of this Agreement carefully. Before transferring the Software you shall submit them to the new user for information. If, at the time the Software is passed on, you no longer have the terms of this Agreement in your possession, you shall be required to request a replacement copy from AMPLECTOR first.

(3) In the case of transfer, you shall hand over to the new user all copies of the programme, including any backup copies made, or destroy the copies not transferred. Your right to use the programme shall expire as a consequence of the transfer.

(4) You may transfer the Software temporarily to third parties, including the other accompanying materials, if this is not for commercial purposes by way of rental or leasing, and the third party has also declared to AMPLECTOR its agreement to the continued validity of the terms of this Agreement. Moreover, § 3 (1) shall apply accordingly. In this case, you shall transfer all copies of the programme, including any backup copies made, or destroy the copies not transferred. For the period of assignment of the Software to a third party you, as the assigning user, shall have no right to use the programme. Rental for commercial purposes or leasing shall not be permitted.

(5) You may not transfer the Software to third parties if there is reason to suspect that the third party would violate the terms of this Agreement, especially by making unlawful copies.

(6) In the event of resale of the Software, you shall be required to notify AMPLECTOR of the full name and address of the purchaser in writing.


§ 4 Guarantee / Claims for defects

(1) AMPLECTOR guarantees that the Software can be run on standard brand computers that fulfil the system requirements expressly indicated by AMPLECTOR. AMPLECTOR does not warrant that you will be able to achieve certain results with the Software, unless an explicit guarantee as to such results is given in the description of the Software. Nor can AMPLECTOR make any warranty that the Software is compatible with programmes other than those specified in the system requirements. This is especially true for newer versions of programmes. Nor will AMPLECTOR provide any assurance that the Software will work properly on the server configuration used by your provider.

(2) Defects in the supplied software (material defects and defects in title), including other documents, shall be corrected by AMPLECTOR within the period of liability for defects of one year beginning with the delivery of the licence key, upon corresponding notification by the user. This shall be done, at AMPLECTOR’s discretion, by cost free repair of the defect (rework) or delivery of fault free software (replacement delivery). AMPLECTOR shall bear the expenses incurred for this purpose.

(3) If the fault cannot be rectified within a reasonable period or if the rework or replacement delivery is to be regarded as a failure for other reasons, you may, at your discretion, reduce the purchase price (reduction), withdraw from the contract, claim damages or reimbursement of wasted expenses. The two latter claims shall be governed by § 5 of this Agreement.

(4) A failure of the rework or replacement delivery can only be assumed if AMPLECTOR was granted sufficient opportunity for rework or a replacement delivery without achieving the desired result, if rework or replacement delivery is impossible, if AMPLECTOR refuses to carry out rework or a replacement delivery, if there is reasonable doubt as to the prospects of success, or if this is unreasonable on other grounds.

(5) If you have modified parts of the software or have used additional programmes not supplied by AMPLECTOR, the right to a guarantee shall expire if the defect that occurred is attributable to these circumstances.


§ 5 Liability

(1) Claims for damages or reimbursement of wasted expenses shall be based on the following clause, without regard to the legal nature of the claim.

(2) For damages resulting from injury to life, limb or health caused by a negligent breach of duty by AMPLECTOR or a wilful or negligent breach of duty by a legal representative or agent of AMPLECTOR, AMPLECTOR shall bear unlimited liability.

(3) Liability under the Product Liability Act shall not be affected.

(4) For other liability claims, AMPLECTOR shall only bear unlimited liability in the absence of the guaranteed quality as well as for intention and gross negligence, including by its legal representatives and agents.

(5) For slight negligence, AMPLECTOR shall only be liable if an obligation is violated where its observance is of particular importance for the fulfilment of the purpose of this Agreement (cardinal obligation). In the event of a breach of a cardinal obligation, the sum of liability shall be limited to the amount of the relevant purchase price and to damage that would typically be expected to arise in the context of a software licence.

(6) The customer shall himself be responsible for the backup of data. Liability of AMPLECTOR for data loss shall be excluded, unless mandatory liability in accordance with paragraph (4) applies.

(7) Employees, colleagues, representatives and agents of AMPLECTOR shall also be personally liable only in accordance with the terms of this liability clause.


§ 6 Duty of examination and complaint

(1) The customer, who, under the provisions of the sales transaction with AMPLECTOR, may only be a natural person or legal entity or a partnership with legal capacity, who or which, on concluding the software purchase, acts within their independent professional or commercial activity, shall be under an obligation to examine the Software delivered for obvious defects which would readily be noticeable to an average customer. Complaints for obvious defects shall be made to AMPLECTOR in writing within two weeks after purchase. The defects, in particular the symptoms occurring, shall be described in detail using one’s best endeavours.

(2) Complaints for defects that are not obvious shall be made to AMPLECTOR within two weeks after they have been recognised by the user.

(3) In the event of a violation of the duty of examination and complaint, the Software shall be deemed to have been approved in respect of the relevant defect.


§ 7 Reservation of title

(1) AMPLECTOR shall retain ownership of the Software delivered to the user until payment in full of the purchase price under the terms of this Agreement.

(2) In the case of payment arrears by the user, assertion by AMPLECTOR of the retention of title shall not constitute withdrawal from the contract, unless AMPLECTOR notifies the user of this explicitly.

(3) In the event of retention of title by AMPLECTOR, the user’s right to continue to use the Software shall expire. All copies of the programme made by the user shall be handed over or deleted.


§ 8 Final Provisions

(1) The law of the Federal Republic of Germany shall exclusively apply, excluding the UN sales law.

(2) In the case of contracts with merchants within the meaning of the HGB [German Commercial Code], i. e., customers carrying on a trade, or who are classified in the HGB as merchants on other legal grounds, as well as with legal entities under public law, Cologne shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

(3) If individual provisions of these conditions of use should prove ineffective, the effectiveness of the remainder of these conditions of use shall remain unaffected.

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