2 With respect to the Software, the Licensee and the end-customer shall have only the non-exclusive rights granted through this Runtime License, which also include the right to eliminate errors and the right to make a copy for back-up and archive purposes. Copyright notices, trade marks, company and other business designations of the Licensor or third parties which appear in the programs or the documentation or in other material accompanying the Software may not be altered, deleted or removed by the Licensee and/or the end- customers, even in copies of the programs or documentation.
5. Transfer of the License to third parties.
1 The License and the Licensee’s rights of use pertaining thereto may be transferred to third parties only on the basis of special prior agreement with the Licensor, and such agreement must ensure that the License is applicable in unchanged form and only for Gantt charts relating to that product or project for which the License was originally purchased by the Licensee and that the third party concerned possesses a valid Development License for the Software.
1 Any decompilation of the Software, also when carried out by end-customers, is permitted only if (i) this is essential to achieve interoperability of the Software with independently created software, (ii) the information necessary for achieving interoperability was not made accessible by the Licensor within a reasonable period after receiving a written enquiry from the Licensee or the end-customer concerned, and (iii) it is restricted to such parts of the Software as are necessary for achieving interoperability.
2 The right pursuant to para. 1 does not allow the information obtained within the limits of the exercise thereof to be used for purposes other than the achievement of interoperability, or to be passed on to third parties, or to be used for the development, production or marketing of computer programs substantially similar in their expression to the Software, or for any other actions infringing the exclusivity rights of the Licensor in the Software.
7. Maintenance and support
1 No Software maintenance or support services shall be supplied by the Licensor, even for end-customers, unless the parties have concluded a separate maintenance or support agreement.
8. Prices and payment conditions
1 Except where there exists express agreement to the contrary, the License fees for the Software shall be determined in accordance with the Licensor’s prices in force on the date of conclusion of this Runtime License. The Licensor reserves the right to alter the prices at any time. The License fees do not include any services such as, for example, installation, implementation, training or support. If the Licensor provides any services, it shall be entitled to invoice these in accordance with current rates on a time-and-materials basis subject to the existence of other agreements in any separate contracts for services.
2 Providing nothing else has been expressly agreed, all fees, rates and prices are in Swiss francs exclusive of VAT and other taxes, levies, customs duties or fees of any type and excluding incidental costs such as insurance, expenses etc.
3 Invoices from the Licensor are due for payment within 30 days of the date of the invoice. In case of non- compliance with payment periods or dates, the Licensee shall additionally owe default interest of 1% per month, without any reminder, with effect from the due date for payment. Set-off of any counter claims by the Licensee is permitted only with the prior approval of the Licensor, or if there has been a non- appealable judgment.