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End User License Agreement for MAGIX Products
1. Definitions
The following definitions shall apply to this license agreement:
1.1 "MAGIX Product" refers to the product licensed under this agreement, consisting of Software and, if applicable, additional Contents.
1.2 "Software" refers to the computer program in object code format contained within a MAGIX Product, including all updates and upgrades, with the exception of provided Contents.
1.3. Within this agreement, "Contents" refers to those Contents which are included in a MAGIX Product in addition to the Software, such as music files, video files and photo files, as well as other sounds and templates that contain such files.
1.4 "Computer" refers to any physical or virtual device that can process data with the assistance of a programmable calculation specification (e.g. PC, laptop, workstation, an instance of a virtual machine, etc.) in conjunction with a CPU or multi-core processor. The following applies to networks: if several network Computers have access to a server on which the MAGIX Product is installed, each of these network Computers (workstations) counts as a Computer for the purpose of this license agreement. In such a case, a separate license is required for each network Computer.
1.5 "Upgrades", for the purpose of this agreement, are supplementary versions of a MAGIX Product.
1.6 "License seat" refers to the license assigned to a specific Computer belonging to the customer following activation of the MAGIX Product.
1.7 "Commercial Use", for the purpose of this agreement, means any commercial use and any use of the Software or Contents for the direct or indirect purpose of financial benefit (e.g. by means of sale, licensing, advertising, etc.).
2. Contract purpose
2.1 Subject to the conditions of this agreement and for the duration of this agreement, MAGIX grants you (the customer) the non-exclusive and non-transferable right to use the respective MAGIX Product on the number of Computers specified in the serial number. MAGIX retains ownership, copyright and other proprietary rights related to the Software. You (the customer) acknowledge MAGIX's ownership as well as all proprietary rights to the Software, backup copies and documentation. The buyer of the Software is solely responsible for the proper contractual use of the MAGIX Product.
2.2. With regard to upgrades, the following applies: 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.
2.3 With regard to updates and features delivered within the scope of the MAGIX update guarantee, the following applies: The license for updates and features delivered within the 12 months after initial registration of the MAGIX product is limited to the installation(s) in place at the point when the 12-month period expires. If the update guarantee is extended beyond the 12-month period, this limitation does not apply.
3. Installation and Registration
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4. License verification
Some MAGIX Product licenses have to be validated periodically. This ensures that the original Software is being used and that it is being used according to the license terms and conditions. This requires an Internet connection.
5. Using the Software and Contents for commercial purposes
5.1 Software
In principle, the Software may be used for commercial purposes. The only exception to this is the product "Web Designer" (not "Web Designer Premium"), which may only be used for non-commercial purposes.
5.2 Contents
a) In principle, the Contents - with the exception of Live Sets - may only 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.
b) The Contents included with the products "Web Designer Premium" and "Photo & Graphic Designer" may be used used for commercial purposes within the scope of a website or the creation/editing of one's own photos and graphics. A transfer to third parties for commercial purposes (e.g. within the scope of contractual work) is not permitted.
c) Exploitation of Contents outside the scope of personally created work, i.e. separate from the work results achieved with the Software, is prohibited in all cases. In particular, the photos contained in the templates may not be extracted and used separately. This applies to both commercial and non-commercial uses.
6. Prohibition to copy and rent; amendment prohibition
6.1 You are prohibited from copying the MAGIX Product and the written documentation either partially or in its entirety. Creation of a Software copy for back-up purposes is excluded from this provision.
6.2 The MAGIX Product 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.
6.3 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. Transfer and subsidiary agreements
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8. Guarantee and liability
8.1 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.
8.2 In case of paid products and services, MAGIX is only liable to slight negligible damages incurred by it or its assistant(s) if a duty is violated, even if it is extra-contractual, the adherence to which is of special importance in order to be in compliance with contractual use (Cardinal duty), as well in cases of damage to life, body and health.
8.3 For non-observance of a cardinal obligation, the liability is limited to the damage which must be typically expected within the scope of this agreement if there is no intention or gross negligence or if MAGIX must incur liability because of fatal injury, physical injury or health hazards.
8.4 MAGIX shall not be liable for damage which can be controlled by the other contracting party or which the other contracting party could have prevented by taking measures which can be reasonably expected. MAGIX is liable for data loss only to the extent of costs incurred during restoration if backups are available.
8.5 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.
8.6 In case of paid products and services, 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.
8.7 Statutory liability in case of personal damages and damages pursuant to the Product Liability Act remains unaffected.
8.8 A change in the burden of proof to the disadvantage of the customer is not related to the foregoing provision.
8.9 Insofar as MAGIX Products contain functions that operate via an online server, MAGIX retains the right to end the offering at any time. Availability will not be guaranteed.
9. Licence conditions of other manufacturers
If the MAGIX Product contains additional Software from other manufacturers, should additional Software be integrated, or should the MAGIX Product contain links to third parties, then compliance with the terms of use and license conditions of the manufacturer of said delivered additional Software or with the terms of use and license conditions of the third party is also compulsory. If the MAGIX Product contains additional Software, you can view the respective use and licensing terms in the corresponding file.
10. Support
MAGIX offers electronic Internet support during the warranty period. This encompasses clarification of installation questions and installation problems by Internet or email. The rendering of support is at the sole discretion of MAGIX and is not connected with any guarantee or warranty.
11. Other
11.1 This agreement constitutes the entire agreement of the parties regarding the contract purpose. Collateral agreements shall not exist. No verbal or written statements made by MAGIX or any MAGIX employee can alter or question the validity of this license agreement.
11.2 Should one or more of the conditions in this agreement be or become invalid, this will not affect the validity of the remaining agreement. A substitute provision will replace the invalid condition, such as comes closest to the intended purpose. The contract is subject to the law of the Federal Republic of Germany.
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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. Definitions
The following definitions shall apply to this license agreement:
1.1 "MAGIX Product" refers to the product licensed under this agreement, consisting of Software and, if applicable, additional Contents.
1.2 "Software" refers to the computer program in object code format contained within a MAGIX Product, including all updates and upgrades, with the exception of provided Contents.
1.3. Within this agreement, "Contents" refers to those Contents which are included in a MAGIX Product in addition to the Software, such as music files, video files and photo files, as well as other sounds and templates that contain such files.
1.4 "Computer" refers to any physical or virtual device that can process data with the assistance of a programmable calculation specification (e.g. PC, laptop, workstation, an instance of a virtual machine, etc.) in conjunction with a CPU or multi-core processor. The following applies to networks: if several network Computers have access to a server on which the MAGIX Product is installed, each of these network Computers (workstations) counts as a Computer for the purpose of this license agreement. In such a case, a separate license is required for each network Computer.
1.5 "Upgrades", for the purpose of this agreement, are supplementary versions of a MAGIX Product.
1.6 "License seat" refers to the license assigned to a specific Computer belonging to the customer following activation of the MAGIX Product.
1.7 "Commercial Use", for the purpose of this agreement, means any commercial use and any use of the Software or Contents for the direct or indirect purpose of financial benefit (e.g. by means of sale, licensing, advertising, etc.).
2. Contract purpose
2.1 Subject to the conditions of this agreement and for the duration of this agreement, MAGIX grants you (the customer) the non-exclusive and non-transferable right to use the respective MAGIX Product on the number of Computers specified in the serial number. MAGIX retains ownership, copyright and other proprietary rights related to the Software. You (the customer) acknowledge MAGIX's ownership as well as all proprietary rights to the Software, backup copies and documentation. The buyer of the Software is solely responsible for the proper contractual use of the MAGIX Product.
2.2. With regard to upgrades, the following applies: 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.
2.3 With regard to updates and features delivered within the scope of the MAGIX update guarantee, the following applies: The license for updates and features delivered within the 12 months after initial registration of the MAGIX product is limited to the installation(s) in place at the point when the 12-month period expires. If the update guarantee is extended beyond the 12-month period, this limitation does not apply.
3. Installation and Registration
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4. License verification
Some MAGIX Product licenses have to be validated periodically. This ensures that the original Software is being used and that it is being used according to the license terms and conditions. This requires an Internet connection.
5. Using the Software and Contents for commercial purposes
5.1 Software
In principle, the Software may be used for commercial purposes. The only exception to this is the product "Web Designer" (not "Web Designer Premium"), which may only be used for non-commercial purposes.
5.2 Contents
a) In principle, the Contents - with the exception of Live Sets - may only 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.
b) The Contents included with the products "Web Designer Premium" and "Photo & Graphic Designer" may be used used for commercial purposes within the scope of a website or the creation/editing of one's own photos and graphics. A transfer to third parties for commercial purposes (e.g. within the scope of contractual work) is not permitted.
c) Exploitation of Contents outside the scope of personally created work, i.e. separate from the work results achieved with the Software, is prohibited in all cases. In particular, the photos contained in the templates may not be extracted and used separately. This applies to both commercial and non-commercial uses.
6. Prohibition to copy and rent; amendment prohibition
6.1 You are prohibited from copying the MAGIX Product and the written documentation either partially or in its entirety. Creation of a Software copy for back-up purposes is excluded from this provision.
6.2 The MAGIX Product 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.
6.3 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. Transfer and subsidiary agreements
--
8. Guarantee and liability
8.1 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.
8.2 In case of paid products and services, MAGIX is only liable to slight negligible damages incurred by it or its assistant(s) if a duty is violated, even if it is extra-contractual, the adherence to which is of special importance in order to be in compliance with contractual use (Cardinal duty), as well in cases of damage to life, body and health.
8.3 For non-observance of a cardinal obligation, the liability is limited to the damage which must be typically expected within the scope of this agreement if there is no intention or gross negligence or if MAGIX must incur liability because of fatal injury, physical injury or health hazards.
8.4 MAGIX shall not be liable for damage which can be controlled by the other contracting party or which the other contracting party could have prevented by taking measures which can be reasonably expected. MAGIX is liable for data loss only to the extent of costs incurred during restoration if backups are available.
8.5 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.
8.6 In case of paid products and services, 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.
8.7 Statutory liability in case of personal damages and damages pursuant to the Product Liability Act remains unaffected.
8.8 A change in the burden of proof to the disadvantage of the customer is not related to the foregoing provision.
8.9 Insofar as MAGIX Products contain functions that operate via an online server, MAGIX retains the right to end the offering at any time. Availability will not be guaranteed.
9. Licence conditions of other manufacturers
If the MAGIX Product contains additional Software from other manufacturers, should additional Software be integrated, or should the MAGIX Product contain links to third parties, then compliance with the terms of use and license conditions of the manufacturer of said delivered additional Software or with the terms of use and license conditions of the third party is also compulsory. If the MAGIX Product contains additional Software, you can view the respective use and licensing terms in the corresponding file.
10. Support
MAGIX offers electronic Internet support during the warranty period. This encompasses clarification of installation questions and installation problems by Internet or email. The rendering of support is at the sole discretion of MAGIX and is not connected with any guarantee or warranty.
11. Other
11.1 This agreement constitutes the entire agreement of the parties regarding the contract purpose. Collateral agreements shall not exist. No verbal or written statements made by MAGIX or any MAGIX employee can alter or question the validity of this license agreement.
11.2 Should one or more of the conditions in this agreement be or become invalid, this will not affect the validity of the remaining agreement. A substitute provision will replace the invalid condition, such as comes closest to the intended purpose. The contract is subject to the law of the Federal Republic of Germany.
________________________________________________________________________________
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.