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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.
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.