Scientific Counter - Demo Software License Agreement (EULA)

The following English EULA is included from the download directory.

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EN – Scientific Counter – Demo Software License Agreement (EULA)

Datinf GmbH – Data Analysis and Applied Informatics
Wilhelmstraße 42, D-72074 Tübingen, Germany
hereinafter referred to as “Datinf”

Version: 2026-04-25a

0. Preamble, Definitions, Scope

0.1 Software is the computer program “Scientific Counter” including associated files, modules, data, documentation, and, where applicable, license keys/activation keys.

0.2 Customer/End User is the person who installs or uses the Software.
Consumer is any natural person acting for purposes that are predominantly outside their trade or self-employed professional activity.
Business Customer is a natural or legal person or a partnership with legal capacity acting in the exercise of their trade or independent professional activity.

0.3 These license terms apply to the provision and use of the Software, unless deviating provisions have been agreed individually or in a written corporate/multi-user license, maintenance agreement, or other agreements.

0.4 By installing, copying, or using the Software, you agree to these license terms. If you do not agree, you must not install or use the Software.

0.5 Notice for consumers: In the case of distance/online contracts, the provisions in Annex A (Consumer Information & Right of Withdrawal) also apply.

I. License Model and Rights of Use

1.1 Demo License
Datinf grants you a simple (non-exclusive), non-transferable right to use the Software exclusively as a demo version for testing, demonstration, and evaluation purposes.

1.2 No Paid Full Version under this Demo License
This license applies exclusively to the demo version of the Software. This demo license does not grant any paid perpetual license, subscription license, multi-user license, or other full version. Productive use outside demo and test purposes is not permitted unless expressly agreed otherwise in writing.

1.3 Demo Limitation / Included Test Images
The demo version is limited in functionality. Four images are provided for testing the Software. These images may only be used for testing and demonstration of the demo version. There is no entitlement to use additional own or other image data within the demo version unless the Software technically allows this or Datinf explicitly permits it.

1.4 Workstation/Device Binding (Default Rule)
Unless otherwise agreed, a separate demo license is required for each workstation or end device, unless it is used exclusively for testing, demonstration, or evaluation purposes.

1.5 Scope of the Right of Use
The right of use includes loading, displaying, running, and using the Software as intended within the scope of the demo limitations. It is limited to the demo version and the demo/test purpose.

1.6 Transfer
Transfer or assignment of the Software, the included test images, or the right of use to third parties is only permitted if explicitly agreed in writing or required by mandatory law.

II. Intellectual Property Rights, Copyright, Third-Party Rights

2.1 The Software is protected by copyright. All rights remain with Datinf or the respective rights holders.

2.2 You may not remove or alter copyright notices, serial numbers, watermarks, or other identification features.

2.3 If the Software contains third-party components (e.g., open-source libraries), additional license terms may apply, which shall prevail in case of doubt.

III. Restrictions of Use, Reverse Engineering, Backup Copy

3.1 Prohibited Actions (in principle)
Unless mandatory law provides otherwise, you may in particular not:
a) modify, adapt, translate, or create derivative works,
b) decompile, disassemble, reverse engineer, decrypt, or extract,
c) reproduce, distribute, make publicly available, rent, lease, sublicense, or sell,
d) circumvent technical protection measures.

3.2 Mandatory Legal Exceptions
The prohibitions in section 3.1 do not apply where actions are mandatorily permitted by law and the legal requirements are met.

3.3 Backup Copy
You may create a backup copy if this is necessary to secure future use. Backup copies must be marked as such and stored securely.

IV. Trademarks and Intellectual Property

Datinf is a registered trademark. Windows is a registered trademark of Microsoft Corporation. Other trademarks are the property of their respective owners.

V. Technical Notice / Description of Performance

5.1 According to the state of the art, it is not possible to develop software that works error-free in all combinations and applications.

5.2 The agreed characteristics are defined by the performance description, documentation, and any agreed specifications. Public statements only establish characteristics within the limits provided by law.

VI. Updates, Digital Elements, Compatibility

6.1 General
Datinf may provide updates, patches, or new versions. Unless otherwise agreed, there is no entitlement to specific further developments or new functions.

6.2 Consumers (Digital Products)
Where the statutory provisions on digital products apply, Datinf provides the legally required updates (including security updates) and informs about their availability as required by law. The customer is obliged to install provided updates within a reasonable period; failure to do so may limit warranty rights as provided by law.

6.3 Business Customers
For business customers, updates are only owed if expressly agreed.

VII. Support / Error Correction

7.1 Demo License
During use of the demo version, there is no entitlement to support, telephone assistance, or error correction.

7.2 Paid Licenses
Support and services are only owed if explicitly agreed.

VIII. Warranty / Defects

8.1 Consumers
Statutory warranty rights apply.

8.2 Business Customers
a) Datinf may remedy defects at its discretion by fixing the defect or providing a defect-free version.
b) If remedy fails, the customer may reduce the price or withdraw from the contract; damages only according to section IX.
c) Obvious defects must be reported within 14 days.
d) Guarantees only apply if expressly designated and declared in writing.

IX. Liability

9.1 Unlimited Liability
Datinf is liable without limitation:
a) in cases of intent and gross negligence,
b) for injury to life, body, or health,
c) under product liability law,
d) within the scope of an expressly assumed guarantee.

9.2 Liability for Minor Negligence
In cases of minor negligence, Datinf is only liable for breach of essential contractual obligations. In this case, liability is limited to foreseeable typical damage. Otherwise, liability is excluded.

9.3 Data and Backup
The customer is responsible for regular data backups. Datinf is not liable for damage that could have been avoided by proper backups, except in cases of intent or gross negligence.

9.4 Limitation of Liability for Business Customers
If the customer is a business customer, liability for minor negligence is limited to twice the license fee per case and per year.

9.5 Agents
The above liability provisions also apply to representatives and agents.

X. Use in High-Risk Environments

The Software is not designed for use in safety-critical environments. Use is at your own risk.

XI. Term, Termination, Consequences

11.1 The license applies exclusively to the demo version and for as long as Datinf provides or permits its use. Productive use is not included.

11.2 Datinf may terminate the license for breach.

11.3 Upon termination, all copies must be deleted.

XII. Demo Version; Priority of Deviating Agreements

Separate agreements take precedence.

XIII. Applicable Law, Jurisdiction

13.1 German law applies, excluding the CISG.

13.2 Place of jurisdiction is Tübingen for business customers.

XIV. Final Provisions

14.1 If any provision is invalid, the remaining provisions remain unaffected.

14.2 Amendments must be made in text form.

XV. Contact

Datinf GmbH – Data Analysis and Applied Informatics
Wilhelmstraße 42, D-72074 Tübingen, Germany
E-Mail: info@datinf.de