Conditions of Use of the Software Copyright Holder

1. Manufacturer/Author

The Berlin-based ATLAS.ti Scientific Software Development GmbH (hereinafter referred to as “licenser") is manufacturer of the "ATLAS.ti" standard software (hereinafter referred to as "the software") and holder of the copyright thereto, but not seller of the software. The seller and therefore contracting partner of the customer (hereinafter referred to as the "customer") is Cleverbridge AG, Aachener Strasse 209, 50931 Cologne.

The licenser provides the software to the customer within the scope of the following conditions of use:

2. Types of Licenses

(1) ATLAS.ti offers the use of the software in the following types of licenses:

• individual or multi-user license through purchase of the software
• student license
• multi-user license through rental of the software
• individual or multi-user license as a so-called educational license through purchase or rent of the software by recognised educational institutions

(2) Furthermore, the customer can receive free patches ("updates") and purchase further developments of the software ("upgrades"), if the licenser produces them. The licenser is not obligated to produce such upgrades. In case of patching or further development, the new version will be made available to the customer on a suitable data medium or online by his seller, as a rule Cleverbridge AG in Cologne.

3. Individual Licenses, Student Licenses

(1) If the customer wishes to purchase an individual license as a lower-priced student license, he/she must guarantee that he/she is a full-time student at a recognised educational institution / university. The purchase of a student license requires written evidence of entitlement (for instance a student card). Student licenses are PERSONAL licenses and may NOT be purchased by or through organisations or institutions (e.g. universities). A program purchased on the basis of a student license may NOT be installed on the computer of an organisation or institution.

(2) The customer may make the software available to a third party only if this third party declares his agreement with the continued application of the present conditions of use. Specifically, the software of customers who are registered students may be made available only to other registered students. If the customer gives the software to a third party, he shall cease using the software and keep no copies thereof. He shall give the third party the original data media and manuals.

4. Multi-User Licenses

(1) A multi-user license entitles the customer to place the software at the disposal of his employees. If the customer is a training institution under the terms of item 4, he purchases the software on the basis of an "educational multi-user license" and can thus place it at the disposal of students, staff members etc. In any case, use of the software is restricted to a maximum number of persons corresponding to the number of multi-user licenses ordered.

(2) A multi-user license allows for installation and concurrent use of the program on several individual computers of the license holder and/or on several workstations of a LAN (server installation plus lightweight client installation).

5. Educational Licenses

(1) Educational licenses of the software can be purchased only by officially accredited educational institutions, i.e. only by institutions recognized by nationally competent accrediting bodies. This includes specifically: universities and similar institutions of higher learning (including distance learning and continuing education programs), academic and technical schools and colleges as well as vocational training institutions. To the extent that the customer is one of these educational institutions, he guarantees that he is recognized as such by the state.

Non-profit organizations and government agencies are NOT automatically eligible for discounted educational licenses. An organization wishing to be considered for a discount will need to contact ATLAS.ti directly. Government agencies and supra-national institutions (such as EU, UN, etc.) will need to obtain standard licenses exclusively. There is currently no special pricing available for government institutions.

(2) By ordering an educational license, the customer agrees that upon request he shall have to provide without delay legally valid written evidence showing his status as an accredited educational institution pursuant to (1). If such evidence is not provided or not adequately provided, he shall not be entitled to purchase the software at the conditions and prices offered exclusively to educational institutions.

(3) Educational licenses can be purchased not only by educational institutions but also by their officially employed teaching and research staff, but NOT by students of these institutions.

(4) To the extent that the software is ordered by employees of the customer, the guarantee declaration and the obligation to provide evidence of status as described above shall also apply to these persons.

(5) An educational license prohibits all commercial uses of the program. This explicitly includes commercially run training courses. Educational licenses are available only to recognised non-commercial educational institutions and their staff.

(6) Use of the program under an educational license is explicitly restricted to academic teaching and research. Administrative use of the program at a non-commercial educational institution shall be deemed a commercial use and is therefore not permissible under an educational license.

(7) Only recognised educational institutions (see above) and employees of such recognised institutions who are engaged in research and teaching are entitled to purchase and use educational licenses.

• Educational and standard licenses are legally different but technically identical.
• The software and documents are currently available in English only.

6. Restrictions of Use

(1) The customer may load the software onto the main data memory and hard disk of the hardware used by him and create backups as necessary for safe operation. These are to be labelled as such and (in so far as technically possible) marked with the copyright notice of the original data medium. The user's manual may be copied only for internal purposes.

(2) The copyright notices and trademarks contained in the software, any other reservations of rights, serial numbers and other program identification features may not be altered or obliterated.

(3) All other types of use of the software, specifically translating, processing, arranging or reworking in any other manner (excluding decompilation pursuant to Section 69e of the Copyright Act) and any other distribution of the software (offline or online) as well as its leasing or rental are not permitted.

7. Obligations of the Customer

(1) After receiving the software, the customer must register online on the licenser's website, stating the serial number. Registration is a precondition for access to upgrades, updates, newsletters and forums – if provided by the licenser – for the duration of the customer’s use of the software. Moreover it is the only way for the licenser to verify whether the software was purchased and is being used in a due and proper manner.

(2) The customer shall backup his data according to the state of the art. He shall ensure that current data from his data stock kept in machine-readable form are reproducible with reasonable effort.

(3) The customer shall take adequate measures to protect the software against unauthorised access by third parties.

8. Lease Duration / Obligation to Return Rented Software

If the customer rents the Software for a period of one year, the lease is automatically renewed by another year unless the customer cancels the lease in writing no later than 8 weeks before the end of the lease period. In case of a renewal of the lease the customer is obligated to pay the lease fee listed at the time.

The customer is obligated to return the original software (diskette/CD-ROM/DVD) and user's manual to the licenser or the lessor once the lease is terminated, regardless of the reason of the termination. The customer is also obligated to delete the software from all hard disks, main data memory banks and workstations and to ensure that the software can no longer be used by him, by his employees and staff or by registered users. The customer shall give the licenser or lessor written assurance of compliance with this provision.

9. Data Protection

(1) The customer is hereby informed that the licenser will gather data about him, store, process and, if necessary, make such data available to third parties to the extent necessary to maintain rights of utilisation and on the basis of data protection regulations.

(2) The customer also consents to the licenser using his name, type of institution and purpose for reference purposes.