End user agreement for StudioLine Photo Basic
StudioLine Photo Basic 4
End-User License Agreement
1. General Provisions
This license agreement for end users, subsequently referred to as the "License Agreement", governs the terms and conditions under which you are granted a license to use the software.
a) the entire content of the CD-ROM(s) or any other storage medium,
b) the program downloadable from www.studioline.net or other websites,
that includes this License Agreement.
This License Agreement is a legally binding contract between yourself and H&M System Software GmbH, covering the Software by H&M System Software GmbH.
The items falling under this License Agreement include the Software, the containing storage media, related printed materials and electronic or online documentation, as well as any other written instructions, plus all upgrades, modifications, updates, enhancements and copies of the software (summarily referred to as "Updates"), licensed to you by H&M System Software GmbH.
2. Software License
With your acceptance of this License Agreement you are granted by H&M System Software GmbH a non-exclusive license to use the software.
By installing, copying or though any other use of the software you declare your consent to be bound by the terms of this License Agreement. You also declare your consent to be bound by the terms of this License Agreement by clicking the "I Agree" button (or equivalent action) during the Software installation.
Otherwise you shall not install the Software.
If you install the Software on a different computer system than your own, you are personally and on behalf of the owner of the computer system bound to the terms of this License Agreement. Your acts are binding on the owner of the computer system. You hereby represent to H&M System Software GmbH, that you are authorized and able to enter into this License Agreement on your own behalf and on behalf of the owner of the computer onto which you installed the software. The "owner" under this agreement shall be the natural or legal person, who has legal title to the computer, or, in case of a computer lease or rental, the lessee who has rightful possession.
3. Use of the Software
The Software is licensed to you, not sold. The following conditions apply:
a) The licensor grants you the right to install and use exactly one copy of the software on one single computer for the use by one single user at a time. You may install the software at a single location to a hard disk or equivalent store media.
b) You may create an emergency backup of the software, assuming that the backup copy will not be installed or used concurrently on any other computer.
4. License Transfer
You must not rent, lease, sub-license or lend the Software.
You may transfer all rights arising from this License Agreement to a third party (with the exception of rights arising from a "demo" version) under the condition that you do not retain any copies, and that you are giving all items of the software (including all parts, storage media, documentation, any prior versions and this License Agreement) to that third party, who must accept the terms of this License Agreement. Upon such transfer, your rights under this agreement cease immediately.
The software is protected by national and international copyright statutes, as well as other trade secrets acts.
All title and copyrights in the Software and the printed and electronic/online documentation, including other written instructions and all "Updates", are the intellectual property of H&M System Software GmbH and its suppliers.
You therefore have to treat the Software as you would properly treat any other copyrighted material. You may copy the Software only as permitted by the terms of this License Agreement. All copies created under the terms of this License Agreement must bear the same copyright and ownership notices as the original software.
To the extent permitted by law, you are expressly prohibited the reverse engineer, de-compile, or disassemble the Software. The Software is licensed as a whole, and individual items must not be used separately on more than one computer. You are prohibited from modifying or enhancing the Software, or from creating derivative works thereof.
6. Warranties / Limitation of Liabilities
H&M System Software GmbH warrants for a period of 24 months from the receipt of the Software that it will substantially perform in accordance with the documentation.
H&M System Software GmbH’s warranty does not apply to defects or damages based on inappropriate or unsuitable use, disregard of maintenance practices, or incorrect or negligent handling of the Software.
You are required to inspect the Software, including any manuals or other documents, for obvious defects, that would be apparent to the average customer. Obvious defects include missing or incomplete manuals as well as substantial, easily visible, damage to the storage medium that contains the Software. A claim for such obvious defects has to be made to the dealer or H&M System Software GmbH in writing within four weeks of receipt of the Software. For commercial customers, §§ 377, 378 HGB shall also apply.
Defects that only become apparent at a later time have to be reported to the dealer or H&M System Software GmbH within four weeks of them being noticed.
In case of a violation of the inspection and reporting requirement, the Software is deemed to have been accepted with respect to that specific defect.
In case H&M System Software GmbH learns of a defect in the Software for which she bears responsibility, H&M System Software GmbH has the option the cure the defect or to provide a replacement free of charge. If the defect cannot be cured in a reasonable amount of time, or if the correction of replacement failed for other reasons, you have the option to ask for a reduced price or may cancel this License Agreement. A correction shall only be considered as failed,
a) if H&M System Software GmbH had been granted ample opportunity to cure the defect or provide a replacement, without the desired outcome having been accomplished,
b) if the opportunity to cure the defect or provide a replacement had been provided, but H&M System Software GmbH refused or unreasonable delayed action,
c) if there is good reason to doubt the likelihood of any success, or
d) if it is deemed unacceptable for other reasons.
H&M System Software GmbH disclaims any liability for simple negligence, with the exception of claims of personal injury to life, body or health, or claims in accordance with product liability laws. The disclaimer shall also not apply to substantial breach of contract. The aforementioned is also applicable to similar breaches of duty by agents of H&M System Software GmbH.
With the exception of personal injury to life, body or health, or claims in accordance with product liability laws, H&M System Software GmbH shall not be liable for consequential damages, unless the damage was intentional or due to gross negligence.
7. Demoversion / „Try and Buy" Version
If the software is designated as a Demoversion or "Try and Buy" version, then the license grant under this License Agreement shall commence with the installation of the Software and extend for 30 days thereafter. Demoversions of the Software may contain program mechanism that interferes with the software function upon expiration of the trial period. You are prohibited to undertake any endeavors that would bypass the intent of such interfering program mechanism. In addition, you assume all risks that might arise from such program mechanism. If the software was not distributed as a Demoversion, or you made authorized use of a conversion mechanism embedded in the Software that converts the installed Demoversion to a Non-Demoversion, then the fully licensed version shall be considered valid under this License Agreement from the date of installation. The license shall be perpetual unless it is time-limited by other provisions of this License Agreement.
8. Freeware and Shareware
Software designated as "Shareware" or "Freeware", as well as other software that is fully or partially functional and is distributed by H&M System Software GmbH without charge, may be used solely for private purposes. Commercial or professional use of any kind is prohibited.
9. License Termination
At the end of a trial period (if one was agreed upon), your rights out of this License Agreement cease without further notice by H&M System Software GmbH. Notwithstanding other rights, H&M System Software GmbH may terminate this License Agreement or your rights under this agreement, if you are in breach of any provision of this License Agreement. After termination, for any reason whatsoever, of the license grant under this License Agreement, you are obligated to destroy all copies and items of the Software in your possession (including all components, storage media, documentation, previous versions and this License Agreement). The terms of this paragraph shall survive the termination of the License Agreement.
10. Applicable Law and Entire Agreement
This License Agreement is subject to the laws of the Federal Republic of Germany.
This License Agreement represents the complete agreement regarding the Software between yourself and H&M System Software GmbH. No other terms included with a purchase order, order confirmations, understandings or any other documents or communications of any kind can replace, change, amend or void this License Agreement, except through a subsequent, express, written agreement signed by a duly authorized representative of H&M System Software GmbH.
11. Performance / Jurisdiction
Rödermark shall be considered the place of performance for either party’s obligations arising out of the agreement, including any warranty and refund claims.
For legal persons, incl. commercial or public entities, this agreement shall be enforceable solely at the Darmstadt court, Federal Republic of Germany.
Rödermark, 27th January 2014