The end user who has acquired a Leica camera and who has registered as a customer on Leica Camera AG’s ("Leica") homepage will upon request be provided with the Leica Image Shuttle software package ("software package") free of charge. The software package that Leica provides to the end user contains the software package and the relevant user manual in pdf-format, which can be used from the help menu in the software. Both the software package and the user manual are copyright-protected.
Upon conclusion of this Licence Agreement, Leica grants the end user the right to use the software package subject to the conditions of use set forth below. Any further use is excluded.
1. SCOPE OF USE
Upon conclusion of this Licence Agreement, Leica grants the end user the non-exclusive right, without charge and unrestricted in terms of time and territory, to use the software package in his Leica camera in accordance with its intended purpose. Use is any permanent or temporary, entire or partial use of the software package by storing, loading, playing or displaying for the purpose of performing the program and processing of data contained in the program by the personal computer.
The software package may be downloaded exclusively for the end user’s Leica camera. The end user is not entitled to duplicate or distribute the software package or to transfer it electronically via a network from one computer to another. The end user is not entitled to decompile, change or modify the software package or to derive other programs from this software package. Unless expressly permitted otherwise, the end user is not entitled to sell, let or in any other manner provide the software package to third parties. The end user is not entitled to change or obliterate any notice of ownership, copyright or other notices on the software package or documentation. The software package may be used only in connection with the Leica product for which it is expressly admitted. The end user can in any case of doubt obtain information from Leica or his authorised camera retailer. This software package is not suitable for other products of Leica and for any products of other manufacturers. Leica does not assume any responsibility or liability in case of non-compliance.
The end user is entitled to make a back-up copy of the software package if this is required to secure future use of the software package.
2. TRANSFER OF THE SOFTWARE PACKAGE
If the end user transfers ownership in products registered in his name to any third party, the end user shall be entitled to transfer the software package in its original state and in full to such third party, pointing out the rights and obligations under this Licence Agreement.
Upon transfer of the software package, the right of use passes to the third party who thus replaces the previous end user within the meaning of this Licence Agreement. At the same time, the end users right of use according to clause 1 above expires.
The foregoing provisions apply analogously for any transfer of the software package by the third party to any subsequent user.
3. OTHER RIGHTS
All further rights to use and exploit the software package are reserved to Leica.
4. DOWNLOAD AND INSTALLATION INSTRUCTIONS
The download and installation instructions absolutely have to be followed. Before starting the downloading and installation process, all other programs and applications on the end user’s PC should be closed. Leica does not assume any liability for any damage to the PC or the camera and other accessories or other products possibly resulting from non-compliance or incorrect use of the download and installation instructions.
5. WARRANTY
Leica hereby points out that it is impossible to develop computer programs that are free from errors in all fields of application.
Leica warrants that the software package is basically suited for use within the meaning of the program description. Any further warranty obligation is excluded. There is in particular no warranty obligation to the effect that the software package meets the specific requirements of the end user.
6. LIABILITY
Leica cannot assume any liability for the event that the end user misses any pictures by using the software package in his Leica camera.
Irrespective of the legal cause, Leica is liable only for such damage which was caused by a violation of any material contractual obligation in a manner threatening the purpose of the contract. Liability is limited to direct damage typical for this type of contract, as foreseeable to Leica upon conclusion of this Agreement due to the circumstances known to Leica at that point of time.
This limitation of liability does not apply to damage based on intent or gross negligence, for damage to life, body or health, and for any claims based on the Product Liability Act.
7. OTHER PROVISIONS
Leica is entitled to terminate this Licence Agreement with immediate effect if the end user violates the conditions of use set forth above. In such case, the end user shall be obliged to promptly and fully delete the software package and to prove such deletion to Leica upon request.
This Agreement is governed by the laws of the Federal Republic of Germany.
Wetzlar, November 2019
Leica Camera AG