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License Terms and Conditions for MAGIX Products (EULA)
1. Contract purpose:
MAGIX grants you (the customer) a non-exclusive license for the concerning MAGIX product for the contractual period of the agreement. You are granted the right to use the purchased software as well as the music and video files on a computer (with one CPU or on a multi-processor computer) or in a network under the condition that access is provided on only one network computer. If several network computers have access to the server, then a separate license is needed for each network computer (workstation). MAGIX retains ownership, copyright and other proprietary rights related to the software. You (the customer) acknowledge the licensor's ownership as well as all proprietary rights to the software, music and video files, backup copies, and documentation. The buyer of the program is solely responsible for the proper contractual use of the licensed programs.
The following applies concerning upgrades: Upgrades are more current or supplementary versions of a MAGIX product (basic product). Only owners of the basic product are authorized to receive each upgrade. You have to be the owner and user of the basic product to use the upgrades. An isolated circulation of an upgrade to third parties is not permitted.
2. Installation:
-
3. License verification:
Individual software product licenses have to be validated periodically. This ensures that it is the original software and that it is being used according to the license terms and conditions. This requires an Internet connection. Should you not be online for an extended period, you will receive a corresponding message in the software prompting you to connect to the Internet.
4. Prohibition to copy and rent / other commercial use:
You are prohibited from copying the licensed program and the written documentation either partially or in its entirety. Creation of a software copy for back-up purposes is excluded from this provision.
The licensed program as well as the written documentation cannot be commercially rented out or commercially lent in any other form to a third party in exchange for payment. This also applies to lending of the software in a pre-installed form on a computer that is commercially offered to third parties in exchange for payment.
The product "Web Designer" may only be used strictly for non-commercial purposes. The use of other products including "Web Designer Premium" for commercial purposes shall be allowed insofar as this use is not contrary to points 1 to 7 of this agreement.
5. Transfer and subsidiary agreements:
-
6. Amendment prohibition:
In accordance with §§ 69d & e UrhG (German Copyright Act), you may not make any changes to the licensed software, personally or by third parties. You may not disassemble the software into its components, nor modify the object code, decode, copy or use it in any way other than that foreseen in the contract.
7. Use of music, video and photo files:
The music, video and photo files as well as templates and their contained files which are included with MAGIX products may only be used within the scope of producing personally created works to be used for non-commercial purposes. This also applies to music, video or photo data as well as the corresponding templates acquired through or by means of MAGIX products. Commercial use constitutes receipt of financial benefits through direct or indirect use of the files (through sale, licensing, ad banners, etc.). This applies to the music, video and photo files as well as corresponding templates included with the product "Web Designer", "Web Designer Premium" and "Photo & Graphic Designer" with the stipulation that these files may be used in the scope of the purchaser's own commercial website or to create and edit his or her own photos and graphics. A transfer to third parties for commercial purposes is not permitted. Exploitation outside the scope of personally created works of these music, video and photo files as well as the templates, is illegal. In particular, the photos contained in the templates may not be extracted and used separately for commercial or non-commercial purposes.
8. Compensation for damages:
MAGIX is entitled to proprietary and copyright protection for the licensed software as well as the music and video files. Anyone responsible for any violations against such rights may be sued by MAGIX.
9. Guarantee and liability:
a) You are aware that state of the art software programs and associated documentation may contain errors, and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all customer requirements, or error-free in conjunction with all third-party programs and hardware. MAGIX provides no assurances of particular features and usability related to planned Customer-specific applications.
b) If the programs are offered to the customer free of charge, the guarantee against deficiency in material and defects in title is limited to fraudulent concealment of defects by MAGIX in consideration of free licensing of the product.
Otherwise, liability of MAGIX is limited to instances of premeditation and gross negligence in consideration of the free licensing.
c) In the case of services provided in return for payment, MAGIX is liable for financial losses incurred from contractual and non-contractual claims including the incurrence of debt during contractual proceedings (on any legal grounds) solely to the following extent:
- Contractual and non-contractual obligation to compensate for damages on the part of MAGIX and its agents is given only in cases of violation of cardinal duties, where the customer is particularly entitled to expect fulfillment. Exclusion of liability does not apply to cases of bodily harm, intent and gross negligence.
- MAGIX's liability does not extend to contract-untypical and other unpredictable damages. Liability for impairment/loss of saved data, lost profits and direct and indirect consequential damage is expressly excluded, unless it can be proven that MAGIX acted with intent or gross negligence. The user understands, that to avoid damage and loss of your personal data it is strongly recommended to create regular back-ups. MAGIX is therefore liable only for damages incurred by data loss only in the presence of corresponding back-ups.
- In any event, MAGIX's liability is limited to four times the amount paid for the license fee by the customer. This exclusion does not apply to damage caused through intent or gross negligence on the part of MAGIX.
The Product Liability Law (ProdHaftG) applies as usual.
Deficiencies must be reported immediately on recognition and at the latest within 30 days. If within this period the customer establishes deviations between the program and the program description, he/she is entitled to send the deficient software back to the supplier and to demand appropriate corrective action. The deficiency must be redressed within a reasonable period, which may also be effected - at the discretion of MAGIX - through an appropriate replacement of the product or program version with a comparable performance scope. If such redress (incl. replacement) is not possible within a reasonable period or if the redress action fails, the Customer is then entitled to contract cancellation, conditional upon destruction of all copies made, or a reduction in price as appropriate.
d) In relation to functions that operate using an Online Server, MAGIX guarantees average server availability of 98% a year. This does not include times in which the server is not available over the Internet due to technical or other problems not under the sphere of influence of MAGIX (force majeure, third party defaults, etc.). MAGIX explicitly does not vouch that the conditions outside the software are available at all times and are indelible. MAGIX will nevertheless endeavor to provide the connection service for the agreed period, or, for the duration of the software lifecycle if no period was agreed upon, i.e. at least four years after the license was purchased.
MAGIX can temporarily limit or block access to the services, as long as this is to provide public safety, network safety, maintenance of network integrity and improved interoperability of the service, data protection, to counter spam or computer viruses or to render operationally or technically necessary services. The aforementioned limitations are exempt when calculating the stated service availability.
10. Licence conditions of other manufacturers:
If the licensed product contains additional software, or should additional software be integrated, then compliance with the use and license conditions of the manufacturer of said delivered additional software is also compulsory. If the licensed product contains additional software, you can view the appropriate use and licensing terms in the corresponding file.
11. Support:
Registered users receive electronic Internet support in the course of the warranty period. The free support encompasses clarification of installation questions and installation problems by Internet or email.
12. Validity of contractual conditions:
Should one or more of the conditions in this contract be or become invalid, this will not affect the validity of the remaining contract. A substitute provision will replace the invalid condition, such as comes closest to the intended purpose. The contract is subject to the laws of the Federal Republic of Germany.
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OpenFont "Architects Daughter"
Copyright (c) 2010, Copyright Holder Kimberly Geswein (www.kimberlygeswein.com),
with Reserved Font Name "Architects Daughter".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Blackout 2 AM"
Copyright (c) 2008, Copyright Holder Tyler Finck (http://www.sursly.com),
with Reserved Font Name "Blackout 2 AM".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "CabinSketch Bold"
Copyright (c) 2011, Copyright Holder Pablo Impallari & Igino Marine (www.impallari.com, www.ikern.com),
with Reserved Font Name "CabinSketch Bold".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "ChunkFive-Roman"
Copyright (c) 2011, Copyright Holder Meredith Mandel (www.meredithmandel.com),
with Reserved Font Name "ChunkFive-Roman".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Comfortaa"
Copyright (c) 2011, Copyright Holder Johan Aakerlund (aajohan@gmail.com),
with Reserved Font Name "Comfortaa".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Josefin Slab"
Copyright (c) 2010, Copyright Holder Santiago Orozco (http://www.typemade.mx/),
with Reserved Font Name "Josefin Slab".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Lato"
Copyright (c) 2010, Copyright Holder Lukasz Dziedzic (http://www.typoland.com),
with Reserved Font Name "Lato".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Miama"
Copyright (c) 2008-2009, Copyright Holder Linus Romer (http://home.arcor.de/unimath/miama),
with Reserved Font Name "Miama".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Nobile"
Copyright (c) 2007-2010, Copyright Holder Vernon Adams (http://www.newtypography.co.uk),
with Reserved Font Name "Nobile".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Nunito"
Copyright (c) 2011, Copyright Holder Vernon Adams (http://www.newtypography.co.uk),
with Reserved Font Name "Nunito".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Ostrich"
Copyright (c) 2011, Copyright Holder Tyler Finck (http://www.sursly.com),
with Reserved Font Name "Ostrich".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Pacifico"
Copyright (c) 2011, Copyright Holder Vernon Adams (http://www.newtypography.co.uk),
with Reserved Font Name "Pacifico".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Permanent Marker"
Copyright (c) 2010, Copyright Holder Font Diner, Inc (http://www.fontdiner.com),
with Reserved Font Name "Permanent Marker".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Tangerine Bold"
Copyright (c) 2010, Copyright Holder Toshi Omagari,
with Reserved Font Name "Tangerine Bold".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Vollkorn"
Copyright (c) 2010, Copyright Holder Friedrich Althausen (http://friedrichalthausen.de),
with Reserved Font Name "Vollkorn".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
________
For all OpenFonts above applies the SIL Open Font License below.
PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide
development of collaborative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide a free and
open framework in which fonts may be shared and improved in partnership
with others.
The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and/or sold with any software provided that any reserved
names are not used by derivative works. The fonts and derivatives,
however, cannot be released under any other type of license. The
requirement for fonts to remain under this license does not apply
to any document created using the fonts or their derivatives.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright
Holder(s) under this license and clearly marked as such. This may
include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the
copyright statement(s).
"Original Version" refers to the collection of Font Software components as
distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting,
or substituting — in part or in whole — any of the components of the
Original Version, by changing formats or by porting the Font Software to a
new environment.
"Author" refers to any designer, engineer, programmer, technical
writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components,
in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled,
redistributed and/or sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font
Name(s) unless explicit written permission is granted by the corresponding
Copyright Holder. This restriction only applies to the primary font name as
presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder(s) and the Author(s) or with their explicit written
permission.
5) The Font Software, modified or unmodified, in part or in whole,
must be distributed entirely under this license, and must not be
distributed under any other license. The requirement for fonts to
remain under this license does not apply to any document created
using the Font Software.
TERMINATION
This license becomes null and void if any of the above conditions are
not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
OTHER DEALINGS IN THE FONT SOFTWARE.
-------------------------------------------
Licence agreement for simplitec products (EULA)
1. Contract purpose:
simplitec grants you (the customer) a non-exclusive licence for the enclosed simplitec product. You are granted the right to use the purchased software on a computer (with one CPU or on a multi-processor computer) or in a network under the condition that access is provided on only one network computer. If several network computers have access to the server, then a separate license is needed for each network computer (workstation). simplitec retains ownership, copyright and other proprietary rights related to the software. You (the customer) acknowledge the licensor's ownership as well as all proprietary rights to the software, backup copies, and documentation. The buyer of the program is solely responsible for the proper contractual use of the licensed programs.
The following applies concerning upgrades: Upgrades are more current or supplementary versions of a simplitec product (basic product), which are available at a lower price. Only owners of the basic product are authorized to receive each upgrade. Use of an upgrade depends on you being the owner and user of the basic product. An isolated circulation of an upgrade to third parties is not permitted.
2. Installation:
a. Together with the software you will receive an individual serial number which you must enter during installation. For download versions, an online activation modified for your CPU i.e. your desktop, is also needed. If you do not have an Internet connection, activation per fax or post is also possible. With the serial number you can activate the software up to three times as this is necessary due to hardware/CPU exchange. After this, simplitec will make new activation codes available for your new CPU/hardware upon request. It is prerequisite that the software is removed from your old hardware/CPU.
b. If a feature required a free or fee-based activation (e.g. codec activation), then this activation can be made up to three times, if it is necessary due to hardware/CPU exchange. If needed, simplitec will provide you with additional activation codes upon request. You are not entitled to additional free activation codes. Activation via the Internet, fax or post is possible.
3. Prohibition of copying and renting/other commercial use:
You are prohibited from copying the licensed program and the written documentation either partially or in its entirety. Creation of a software copy for back-up purposes is excluded from this provision. The licensed program as well as the written documentation cannot be commercially rented out or commercially lent in any other form to a third party in exchange for payment. This also applies to lending of the software in a pre-installed form on a computer that is commercially offered to third parties in exchange for payment. Commercial use of the software is allowed, as long as it does not contradict points 1 to 6.
4. Transfer and sub-agreements:
The transfer of rights and obligations under this licence contract to third parties is only permitted on authorization from simplitec with the exception of personal transfer of the legally acquired simplitec product by the rightful owner. In the case of the ownership of the rightfully acquired simplitec product being transferred in this fashion, the original owner is obliged to destroy all back-up copies and to delete the installation. Keep in mind the general limitation to three activations as described in 2.b. during the transfer. If you require further activations, please contact simplitec. A transfer of a simplitec product not delivered on a physical data carrier (download version) is not permitted; an isolated transfer of the serial number is specifically prohibited. No verbal or written statements made by simplitec or any simplitec employee may alter or bring into question the validity of this license agreement.
5. Amendment prohibition:
In accordance with §§ 69d & e UrhG (Copyright Act), you may not make any changes to the licensed software, personally or via third parties. You may not disassemble the software into its components, nor modify the object code, decompile, copy or use it in any way other than that foreseen in the contract.
6. Compensation for damages:
simplitec is entitled to proprietary and copyright protection for the licensed software. Anyone responsible for any violations against such rights may be sued by simplitec.
7. Guarantee and liability:
a) You are aware that state of the art software programs and associated documentation may contain errors and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all customer requirements, or error-free in conjunction with all third-party programs and hardware. simplitec provides no assurances of particular features and usability related to planned customer-specific applications.
b) If the programs and services of simplitec are offered to the customer free of charge, the guarantee against deficiency in material and defects in title is limited to fraudulent concealment of defects by simplitec in consideration of free licensing of the product.
Otherwise, simplitec's liability is limited to instances of premeditation and gross negligence in respect to free licensing.
c) In the case of services provided in return for payment, simplitec is liable for financial losses incurred from contractual and non-contractual claims including the incurrence of debt during contractual proceedings (on any legal grounds) solely to the following extent:
- Contractual and non-contractual obligation to compensate for damages on the part of simplitec and its agents is given only in cases of violation of cardinal duties, where the customer is particularly entitled to expect fulfillment. Exclusion of liability does not apply to cases of bodily harm, intent and gross negligence.
- simplitec's liability does not extend to contract-untypical and other unpredictable damages. Liability for impairment/loss of saved data, lost profits and direct and indirect consequential damage is expressly excluded, unless it can be proven that simplitec acted with intent or gross negligence. You accept that regular and conscientious production of backup copies is required to avoid damages and the loss of personal data. simplitec shall only be liable for damages resulting from loss of data which would also have occurred in the presence of corresponding backup copies.
- In any event, simplitec's liability is limited to four times the amount paid for the licence fee by the customer. This exclusion does not apply to damage caused through intent or gross negligence on the part of simplitec. The Product Liability Law (ProdHaftG) applies as usual.
Deficiencies must be reported immediately on recognition and at the latest within 30 days. If within this period the customer establishes deviations between the program and the program description, he/she is entitled to demand appropriate corrective action. The deficiency must be redressed within a reasonable period, which may also be effected – at the discretion of simplitec – through an appropriate replacement of the product or program version with a comparable performance scope. If such redress (incl. replacement) is not possible within a reasonable period or if the redress action fails, the customer is then entitled to contract cancellation, conditional upon destruction of all copies made, or a reduction in price as appropriate.
d) In relation to functions that operate via an Online Server, simplitec guarantees average server availability of 98% a year. This excludes intervals during which the server cannot be accessed via the Internet due to technical or other problems which cannot be influenced by simplitec (force majeure, third-party responsibility, etc.). simplitec cannot vouch that conditions external to the software shall be available permanently and at all times. simplitec will nevertheless strive within the scope of reason and the natural lifecycle of the product, i.e. at least four years and as far as reasonable and within the regular term of use (lifecycle) of the software after the customer's purchase of the license, to provide this connection. simplitec may temporarily restrict or suspend this service if deemed necessary for public safety, security of network operations, maintaining network integrity, interoperability of the services, data privacy, combating spam or computer viruses or to perform operationally necessary or technical work. The aforementioned limitations are exempt when calculating the stated service availability.
8. Licence conditions of other manufacturers:
If the licensed product contains additional software, or should additional software be integrated, then compliance with the use and licence conditions of the manufacturer of said delivered additional software is also compulsory. If the licensed product contains additional software, you can view the appropriate use and licensing terms in the file "Drittlizenzen.txt". These can be found in the main directory of this disk or the root directory of the download.
9. Support:
Registered users receive electronic Internet support during the warranty period. The free support encompasses clarification of installation questions and installation problems by Internet or email.
10. Validity of contractual conditions:
Should one or more of the conditions in this contract be or become invalid, this will not affect the validity of the remaining contract. A substitute provision will replace the invalid condition, such as comes closest to the intended purpose. Place of performance for delivery purposes in Europe is Berlin. The contract is subject to the law of the Federal Republic of Germany.
1. Contract purpose:
MAGIX grants you (the customer) a non-exclusive license for the concerning MAGIX product for the contractual period of the agreement. You are granted the right to use the purchased software as well as the music and video files on a computer (with one CPU or on a multi-processor computer) or in a network under the condition that access is provided on only one network computer. If several network computers have access to the server, then a separate license is needed for each network computer (workstation). MAGIX retains ownership, copyright and other proprietary rights related to the software. You (the customer) acknowledge the licensor's ownership as well as all proprietary rights to the software, music and video files, backup copies, and documentation. The buyer of the program is solely responsible for the proper contractual use of the licensed programs.
The following applies concerning upgrades: Upgrades are more current or supplementary versions of a MAGIX product (basic product). Only owners of the basic product are authorized to receive each upgrade. You have to be the owner and user of the basic product to use the upgrades. An isolated circulation of an upgrade to third parties is not permitted.
2. Installation:
-
3. License verification:
Individual software product licenses have to be validated periodically. This ensures that it is the original software and that it is being used according to the license terms and conditions. This requires an Internet connection. Should you not be online for an extended period, you will receive a corresponding message in the software prompting you to connect to the Internet.
4. Prohibition to copy and rent / other commercial use:
You are prohibited from copying the licensed program and the written documentation either partially or in its entirety. Creation of a software copy for back-up purposes is excluded from this provision.
The licensed program as well as the written documentation cannot be commercially rented out or commercially lent in any other form to a third party in exchange for payment. This also applies to lending of the software in a pre-installed form on a computer that is commercially offered to third parties in exchange for payment.
The product "Web Designer" may only be used strictly for non-commercial purposes. The use of other products including "Web Designer Premium" for commercial purposes shall be allowed insofar as this use is not contrary to points 1 to 7 of this agreement.
5. Transfer and subsidiary agreements:
-
6. Amendment prohibition:
In accordance with §§ 69d & e UrhG (German Copyright Act), you may not make any changes to the licensed software, personally or by third parties. You may not disassemble the software into its components, nor modify the object code, decode, copy or use it in any way other than that foreseen in the contract.
7. Use of music, video and photo files:
The music, video and photo files as well as templates and their contained files which are included with MAGIX products may only be used within the scope of producing personally created works to be used for non-commercial purposes. This also applies to music, video or photo data as well as the corresponding templates acquired through or by means of MAGIX products. Commercial use constitutes receipt of financial benefits through direct or indirect use of the files (through sale, licensing, ad banners, etc.). This applies to the music, video and photo files as well as corresponding templates included with the product "Web Designer", "Web Designer Premium" and "Photo & Graphic Designer" with the stipulation that these files may be used in the scope of the purchaser's own commercial website or to create and edit his or her own photos and graphics. A transfer to third parties for commercial purposes is not permitted. Exploitation outside the scope of personally created works of these music, video and photo files as well as the templates, is illegal. In particular, the photos contained in the templates may not be extracted and used separately for commercial or non-commercial purposes.
8. Compensation for damages:
MAGIX is entitled to proprietary and copyright protection for the licensed software as well as the music and video files. Anyone responsible for any violations against such rights may be sued by MAGIX.
9. Guarantee and liability:
a) You are aware that state of the art software programs and associated documentation may contain errors, and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all customer requirements, or error-free in conjunction with all third-party programs and hardware. MAGIX provides no assurances of particular features and usability related to planned Customer-specific applications.
b) If the programs are offered to the customer free of charge, the guarantee against deficiency in material and defects in title is limited to fraudulent concealment of defects by MAGIX in consideration of free licensing of the product.
Otherwise, liability of MAGIX is limited to instances of premeditation and gross negligence in consideration of the free licensing.
c) In the case of services provided in return for payment, MAGIX is liable for financial losses incurred from contractual and non-contractual claims including the incurrence of debt during contractual proceedings (on any legal grounds) solely to the following extent:
- Contractual and non-contractual obligation to compensate for damages on the part of MAGIX and its agents is given only in cases of violation of cardinal duties, where the customer is particularly entitled to expect fulfillment. Exclusion of liability does not apply to cases of bodily harm, intent and gross negligence.
- MAGIX's liability does not extend to contract-untypical and other unpredictable damages. Liability for impairment/loss of saved data, lost profits and direct and indirect consequential damage is expressly excluded, unless it can be proven that MAGIX acted with intent or gross negligence. The user understands, that to avoid damage and loss of your personal data it is strongly recommended to create regular back-ups. MAGIX is therefore liable only for damages incurred by data loss only in the presence of corresponding back-ups.
- In any event, MAGIX's liability is limited to four times the amount paid for the license fee by the customer. This exclusion does not apply to damage caused through intent or gross negligence on the part of MAGIX.
The Product Liability Law (ProdHaftG) applies as usual.
Deficiencies must be reported immediately on recognition and at the latest within 30 days. If within this period the customer establishes deviations between the program and the program description, he/she is entitled to send the deficient software back to the supplier and to demand appropriate corrective action. The deficiency must be redressed within a reasonable period, which may also be effected - at the discretion of MAGIX - through an appropriate replacement of the product or program version with a comparable performance scope. If such redress (incl. replacement) is not possible within a reasonable period or if the redress action fails, the Customer is then entitled to contract cancellation, conditional upon destruction of all copies made, or a reduction in price as appropriate.
d) In relation to functions that operate using an Online Server, MAGIX guarantees average server availability of 98% a year. This does not include times in which the server is not available over the Internet due to technical or other problems not under the sphere of influence of MAGIX (force majeure, third party defaults, etc.). MAGIX explicitly does not vouch that the conditions outside the software are available at all times and are indelible. MAGIX will nevertheless endeavor to provide the connection service for the agreed period, or, for the duration of the software lifecycle if no period was agreed upon, i.e. at least four years after the license was purchased.
MAGIX can temporarily limit or block access to the services, as long as this is to provide public safety, network safety, maintenance of network integrity and improved interoperability of the service, data protection, to counter spam or computer viruses or to render operationally or technically necessary services. The aforementioned limitations are exempt when calculating the stated service availability.
10. Licence conditions of other manufacturers:
If the licensed product contains additional software, or should additional software be integrated, then compliance with the use and license conditions of the manufacturer of said delivered additional software is also compulsory. If the licensed product contains additional software, you can view the appropriate use and licensing terms in the corresponding file.
11. Support:
Registered users receive electronic Internet support in the course of the warranty period. The free support encompasses clarification of installation questions and installation problems by Internet or email.
12. Validity of contractual conditions:
Should one or more of the conditions in this contract be or become invalid, this will not affect the validity of the remaining contract. A substitute provision will replace the invalid condition, such as comes closest to the intended purpose. The contract is subject to the laws of the Federal Republic of Germany.
-------------------------------------------
OpenFont "Architects Daughter"
Copyright (c) 2010, Copyright Holder Kimberly Geswein (www.kimberlygeswein.com),
with Reserved Font Name "Architects Daughter".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Blackout 2 AM"
Copyright (c) 2008, Copyright Holder Tyler Finck (http://www.sursly.com),
with Reserved Font Name "Blackout 2 AM".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "CabinSketch Bold"
Copyright (c) 2011, Copyright Holder Pablo Impallari & Igino Marine (www.impallari.com, www.ikern.com),
with Reserved Font Name "CabinSketch Bold".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "ChunkFive-Roman"
Copyright (c) 2011, Copyright Holder Meredith Mandel (www.meredithmandel.com),
with Reserved Font Name "ChunkFive-Roman".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Comfortaa"
Copyright (c) 2011, Copyright Holder Johan Aakerlund (aajohan@gmail.com),
with Reserved Font Name "Comfortaa".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Josefin Slab"
Copyright (c) 2010, Copyright Holder Santiago Orozco (http://www.typemade.mx/),
with Reserved Font Name "Josefin Slab".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Lato"
Copyright (c) 2010, Copyright Holder Lukasz Dziedzic (http://www.typoland.com),
with Reserved Font Name "Lato".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Miama"
Copyright (c) 2008-2009, Copyright Holder Linus Romer (http://home.arcor.de/unimath/miama),
with Reserved Font Name "Miama".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Nobile"
Copyright (c) 2007-2010, Copyright Holder Vernon Adams (http://www.newtypography.co.uk),
with Reserved Font Name "Nobile".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Nunito"
Copyright (c) 2011, Copyright Holder Vernon Adams (http://www.newtypography.co.uk),
with Reserved Font Name "Nunito".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Ostrich"
Copyright (c) 2011, Copyright Holder Tyler Finck (http://www.sursly.com),
with Reserved Font Name "Ostrich".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Pacifico"
Copyright (c) 2011, Copyright Holder Vernon Adams (http://www.newtypography.co.uk),
with Reserved Font Name "Pacifico".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Permanent Marker"
Copyright (c) 2010, Copyright Holder Font Diner, Inc (http://www.fontdiner.com),
with Reserved Font Name "Permanent Marker".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Tangerine Bold"
Copyright (c) 2010, Copyright Holder Toshi Omagari,
with Reserved Font Name "Tangerine Bold".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Vollkorn"
Copyright (c) 2010, Copyright Holder Friedrich Althausen (http://friedrichalthausen.de),
with Reserved Font Name "Vollkorn".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
________
For all OpenFonts above applies the SIL Open Font License below.
PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide
development of collaborative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide a free and
open framework in which fonts may be shared and improved in partnership
with others.
The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and/or sold with any software provided that any reserved
names are not used by derivative works. The fonts and derivatives,
however, cannot be released under any other type of license. The
requirement for fonts to remain under this license does not apply
to any document created using the fonts or their derivatives.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright
Holder(s) under this license and clearly marked as such. This may
include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the
copyright statement(s).
"Original Version" refers to the collection of Font Software components as
distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting,
or substituting — in part or in whole — any of the components of the
Original Version, by changing formats or by porting the Font Software to a
new environment.
"Author" refers to any designer, engineer, programmer, technical
writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components,
in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled,
redistributed and/or sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font
Name(s) unless explicit written permission is granted by the corresponding
Copyright Holder. This restriction only applies to the primary font name as
presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder(s) and the Author(s) or with their explicit written
permission.
5) The Font Software, modified or unmodified, in part or in whole,
must be distributed entirely under this license, and must not be
distributed under any other license. The requirement for fonts to
remain under this license does not apply to any document created
using the Font Software.
TERMINATION
This license becomes null and void if any of the above conditions are
not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
OTHER DEALINGS IN THE FONT SOFTWARE.
-------------------------------------------
Licence agreement for simplitec products (EULA)
1. Contract purpose:
simplitec grants you (the customer) a non-exclusive licence for the enclosed simplitec product. You are granted the right to use the purchased software on a computer (with one CPU or on a multi-processor computer) or in a network under the condition that access is provided on only one network computer. If several network computers have access to the server, then a separate license is needed for each network computer (workstation). simplitec retains ownership, copyright and other proprietary rights related to the software. You (the customer) acknowledge the licensor's ownership as well as all proprietary rights to the software, backup copies, and documentation. The buyer of the program is solely responsible for the proper contractual use of the licensed programs.
The following applies concerning upgrades: Upgrades are more current or supplementary versions of a simplitec product (basic product), which are available at a lower price. Only owners of the basic product are authorized to receive each upgrade. Use of an upgrade depends on you being the owner and user of the basic product. An isolated circulation of an upgrade to third parties is not permitted.
2. Installation:
a. Together with the software you will receive an individual serial number which you must enter during installation. For download versions, an online activation modified for your CPU i.e. your desktop, is also needed. If you do not have an Internet connection, activation per fax or post is also possible. With the serial number you can activate the software up to three times as this is necessary due to hardware/CPU exchange. After this, simplitec will make new activation codes available for your new CPU/hardware upon request. It is prerequisite that the software is removed from your old hardware/CPU.
b. If a feature required a free or fee-based activation (e.g. codec activation), then this activation can be made up to three times, if it is necessary due to hardware/CPU exchange. If needed, simplitec will provide you with additional activation codes upon request. You are not entitled to additional free activation codes. Activation via the Internet, fax or post is possible.
3. Prohibition of copying and renting/other commercial use:
You are prohibited from copying the licensed program and the written documentation either partially or in its entirety. Creation of a software copy for back-up purposes is excluded from this provision. The licensed program as well as the written documentation cannot be commercially rented out or commercially lent in any other form to a third party in exchange for payment. This also applies to lending of the software in a pre-installed form on a computer that is commercially offered to third parties in exchange for payment. Commercial use of the software is allowed, as long as it does not contradict points 1 to 6.
4. Transfer and sub-agreements:
The transfer of rights and obligations under this licence contract to third parties is only permitted on authorization from simplitec with the exception of personal transfer of the legally acquired simplitec product by the rightful owner. In the case of the ownership of the rightfully acquired simplitec product being transferred in this fashion, the original owner is obliged to destroy all back-up copies and to delete the installation. Keep in mind the general limitation to three activations as described in 2.b. during the transfer. If you require further activations, please contact simplitec. A transfer of a simplitec product not delivered on a physical data carrier (download version) is not permitted; an isolated transfer of the serial number is specifically prohibited. No verbal or written statements made by simplitec or any simplitec employee may alter or bring into question the validity of this license agreement.
5. Amendment prohibition:
In accordance with §§ 69d & e UrhG (Copyright Act), you may not make any changes to the licensed software, personally or via third parties. You may not disassemble the software into its components, nor modify the object code, decompile, copy or use it in any way other than that foreseen in the contract.
6. Compensation for damages:
simplitec is entitled to proprietary and copyright protection for the licensed software. Anyone responsible for any violations against such rights may be sued by simplitec.
7. Guarantee and liability:
a) You are aware that state of the art software programs and associated documentation may contain errors and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all customer requirements, or error-free in conjunction with all third-party programs and hardware. simplitec provides no assurances of particular features and usability related to planned customer-specific applications.
b) If the programs and services of simplitec are offered to the customer free of charge, the guarantee against deficiency in material and defects in title is limited to fraudulent concealment of defects by simplitec in consideration of free licensing of the product.
Otherwise, simplitec's liability is limited to instances of premeditation and gross negligence in respect to free licensing.
c) In the case of services provided in return for payment, simplitec is liable for financial losses incurred from contractual and non-contractual claims including the incurrence of debt during contractual proceedings (on any legal grounds) solely to the following extent:
- Contractual and non-contractual obligation to compensate for damages on the part of simplitec and its agents is given only in cases of violation of cardinal duties, where the customer is particularly entitled to expect fulfillment. Exclusion of liability does not apply to cases of bodily harm, intent and gross negligence.
- simplitec's liability does not extend to contract-untypical and other unpredictable damages. Liability for impairment/loss of saved data, lost profits and direct and indirect consequential damage is expressly excluded, unless it can be proven that simplitec acted with intent or gross negligence. You accept that regular and conscientious production of backup copies is required to avoid damages and the loss of personal data. simplitec shall only be liable for damages resulting from loss of data which would also have occurred in the presence of corresponding backup copies.
- In any event, simplitec's liability is limited to four times the amount paid for the licence fee by the customer. This exclusion does not apply to damage caused through intent or gross negligence on the part of simplitec. The Product Liability Law (ProdHaftG) applies as usual.
Deficiencies must be reported immediately on recognition and at the latest within 30 days. If within this period the customer establishes deviations between the program and the program description, he/she is entitled to demand appropriate corrective action. The deficiency must be redressed within a reasonable period, which may also be effected – at the discretion of simplitec – through an appropriate replacement of the product or program version with a comparable performance scope. If such redress (incl. replacement) is not possible within a reasonable period or if the redress action fails, the customer is then entitled to contract cancellation, conditional upon destruction of all copies made, or a reduction in price as appropriate.
d) In relation to functions that operate via an Online Server, simplitec guarantees average server availability of 98% a year. This excludes intervals during which the server cannot be accessed via the Internet due to technical or other problems which cannot be influenced by simplitec (force majeure, third-party responsibility, etc.). simplitec cannot vouch that conditions external to the software shall be available permanently and at all times. simplitec will nevertheless strive within the scope of reason and the natural lifecycle of the product, i.e. at least four years and as far as reasonable and within the regular term of use (lifecycle) of the software after the customer's purchase of the license, to provide this connection. simplitec may temporarily restrict or suspend this service if deemed necessary for public safety, security of network operations, maintaining network integrity, interoperability of the services, data privacy, combating spam or computer viruses or to perform operationally necessary or technical work. The aforementioned limitations are exempt when calculating the stated service availability.
8. Licence conditions of other manufacturers:
If the licensed product contains additional software, or should additional software be integrated, then compliance with the use and licence conditions of the manufacturer of said delivered additional software is also compulsory. If the licensed product contains additional software, you can view the appropriate use and licensing terms in the file "Drittlizenzen.txt". These can be found in the main directory of this disk or the root directory of the download.
9. Support:
Registered users receive electronic Internet support during the warranty period. The free support encompasses clarification of installation questions and installation problems by Internet or email.
10. Validity of contractual conditions:
Should one or more of the conditions in this contract be or become invalid, this will not affect the validity of the remaining contract. A substitute provision will replace the invalid condition, such as comes closest to the intended purpose. Place of performance for delivery purposes in Europe is Berlin. The contract is subject to the law of the Federal Republic of Germany.