license agreement

1. Object of the contract

1.1. cellity grants the customer a non-exclusive and non-transferable license for using the access software in order to use the services offered by cellity at www.cellity.com.

1.2. The customer is neither authorized to duplicate the access software nor to distribute it without the consent of cellity. 

1.3. cellity remains the owner of all rights, in particular of the copyright of the access software. The access software is know-how of cellity, which is to be protected from unauthorized third parties.

2. Right of use

The customer is allowed to use the software and the web services according to number 1. for every account registered on www.cellity.com and every cellphone registered in the customer area of www.cellity.com.

3. Resale and sub-licensing

The customer is not allowed to resale, rent or give away the software including any other associated material to third parties. 

4. Liability 

4.1. cellity shall only be liable for damages other than those caused by injury of life, body and health if these are the results of intent or gross negligence or of a culpable violation of an essential contractual obligation by cellity, its employees or its vicarious agents. This shall also apply in case of damages due to the violation of obligations during contract negotiations as well as due to the commitment of illegal acts. A liability for damages beyond that expressed above is excluded. 

4.2. The liability is limited to during conclusion of the contract predictable typical damages and only in the amount of contract coherent average damages apart from intent or gross negligence, breach of a cardinal obligation or injury of life, body or health by cellity, its employees or vicarious agents. This shall also apply for indirect damages, especially loss of profit.

4.3. Liability for data loss shall be limited to typical recovery expenses which would have been arisen had backup copies been made on a regular and risk-compliant basis.

4.4. The provisions of the Product Liability Act shall remain unaffected.

4.5. Employees, collaborators, representatives and vicarious agents of cellity are personally liable only in accordance with the regulations of this liability clause.

State: December 17, 2008