Copyright / License / Warranty

RAILROAD & CO.®
RAILROAD & CO.® TrainController™
RAILROAD & CO.® TrainProgrammer™
RAILROAD & CO.® TrainMonitor™

Registered Trademark of J. Freiwald
Copyright © 1995-2005 by Freiwald Software

All Rights Reserved

How to order

Order Form and Fees

 

By using this software you accept the following terms and conditions:

Unlicensed Use:

You are free to: make as many copies of this software and documentation as you wish; give exact copies of the original software to anyone; and distribute the unlicensed version of the software and documentation in its unmodified form via electronic means. There is no charge for any of the above. The period of unlicensed use is set to 30 days of use. If you would like to use the software after this period a license is to be purchased.

The unlicensed software closes the connection to your model railroad around 15 minutes after program start. Additionally the unlicensed software shows the registration notice at the beginning of the program.

Licensed Use:

One licensed copy of RAILROAD & CO.® TrainController™, RAILROAD & CO.® TrainMonitor™ and/or RAILROAD & CO.® TrainProgrammer™ may either be used by a single person who uses the software personally on one computer, or not simultaneously on more computers, or installed on a single workstation used not simultaneously by multiple people. It is not allowed to run the software on different computers at the same time with the same license code.

In no case you may change the program files delivered as part of this software. This applies especially to the executable files with the suffix .EXE or .DLL.

The licensed use of the software is enabled with the license code, that you receive after purchasing a license. You only need the license code to change from unlicensed to licensed use. Especially there is no further difference in the software and therefore no need to install the software again.

Valid and authorized license codes contain the name of the user or the legal person, respectively, to whom the license has been granted, or the name of an authorized dealer. The list of authorized dealers can be found in the Internet on www.freiwald.com or can be requested from Freiwald Software.

License codes are only valid for the particular version of the software, which they have been purchased for. The use of a consecutive version may require a new license. Such license is normally offered to users with a valid license for a previous version as a so called upgrade license at a reduced price. Upgrade licenses complement the existing licenses of the previous version to a valid license of the consecutive version. Thus the combination of a license for a previous version with an upgrade license for a consecutive version represents a license for this consecutive version. This combination can be later used as a base to upgrade to an additional consecutive version and so on. If a license is represented by a combination of a license for a previous version with one or more upgrade licenses, then this combined license may be only used for the related version of the software, if the user still owns all sub-licenses of this combination. If at least one sub-license of such combination is transferred to another person, then the license formerly represented by the combination becomes invalid and the related version of the software must not be used anymore.

Illegal Use

The software is used illegally in all cases that violate the terms and conditions outlined above. The use of the software is especially illegal if a license code has been applied, that has not been authorized by Freiwald Software.

If you are in doubt, whether a certain license code entitles for legal use of the software or not, then you are obliged to contact Freiwald Software and to request the commitment, that the license is valid, prior to use of the license code. This applies especially to all cases, where you obtain the license code from a third party or not from Freiwald Software or an authorized dealer. Contacting does not require a special form or procedure; it can be done e.g. by email.

If you combine an upgrade license with a license for a previous version to a license for this version, then you are obliged to ensure, that you own all sub-licenses of this combination and that none of them has been transferred to other persons. You are also obliged to ensure, that all license codes contained in this combination are authorized by Freiwald Software. 

Freiwald Software reserves the right to prosecute illegal use of the software and to take technical measures that help to prevent the software from being used illegally any further. In this case it does not matter, whether the illegal use persists at the time of covering or whether it has been terminated before. Especially Freiwald Software reserves the right, to lock the execution of all RAILROAD & CO.® products on computers, where illegal or non-authorized codes are detected. This lock may persist, until these codes are removed from the affected computer. Removal of such codes usually requires technical support of Freiwald Software. Freiwald Software reserves the right to charge an appropriate fee for this support.

Suggestions and Bug Reports:

Are VERY appreciated. Write to the contact address.

Limited Warranty:

The author warrants that the software will perform substantially in accordance with the accompanying documentation material.

Customer Remedies:

If the software does not conform to the limited warranty in the Section above ("Limited Warranty"), the author's entire liability and your sole remedy shall be, at the author's option, either to (a) correct the error or (b) help you work around or avoid the error. The Limited Warranty is void if failure of the software has resulted from accident, abuse, or misapplication.

Severability:

In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

No Liability For Consequential Damages.:

IN NO EVENT SHALL THE AUTHOR BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AUTHOR'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE REGISTRATION FEE PAID BY YOU, IF ANY. ANY LIABILITY OF THE AUTHOR WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

Windows®, Window NT®, and Windows 98® are trademarks of Microsoft Corporation.