End user agreement for ActiveSlide Thunder
General Licensing Terms of
pharus53 software solutions GmbH
The following General Licensing Terms apply to all business relations between pharus53 software solutions GmbH (hereinafter "Provider") and its customers.
Any diverging, conflicting or supplementary General Terms and Conditions of the customer are expressly excluded.
2. Order process
Quotes by the Provider are subject to change and are non-binding.
If you wish to purchase any of the non-free of charge software products on the Provider's website, please complete the online order forms. You can place your order in either German or English. Once you have checked that the details you have entered are correct and complete, click on "Order". When you click "Order", your order will be sent to the Provider and constitutes a binding purchase offer for the software you have selected.
You can save your submitted binding order together with these General Licensing Terms as a pdf file on your selected data medium by clicking on "Save". You can print out your submitted binding order and these General Licensing Terms by clicking "Print".
Once you have left the order area you can no longer access the order you have submitted to the Provider online. The Provider will save and use the information sent to him in this way to process the requested purchase contract. In particular, he shall forward the information to the named credit card issuer and to the company responsible for collection insofar as is necessary for processing the payment.
The Provider shall confirm the order immediately upon approval. This confirmation shall be sent to the email address specified by you on the order form. The Agreement comes into effect as soon as this confirmation is accessible from the specified email address
3. Right to cancellation
If the customer is a consumer as per § 13 BGB [German Civil Code], who is not purchasing the non-free of charge software for his commercial or freelance activities, he can cancel this Agreement in writing (e.g. letter, fax, email) within two weeks without stating the reasons. The period begins on receipt of this information at the earliest. Punctual sending of the cancellation shall suffice to meet the cancellation deadline. The cancellation should be addressed to:
pharus53 software solutions GmbH, Feldstrasse 143, 22880 Wedel, Germany
Mail: firstname.lastname@example.org, Tel.: + 49(0)700 742 787 53, Fax: + 49(0)700 742 78753
The right to cancellation, however, expires before the end of the cancellation period in the case of software provided by means of download once the personal key (hereinafter referred to as "keyfile") required for activating all of the software's functions has been fully downloaded.
The customer must delete all the data provided to him (particularly the download link for the keyfile) in the case of cancellation.
In the event of legitimate cancellation, any payments made shall be refunded by the Provider.
4. Subject matter and form of supply
You will receive the software forming the subject matter of this agreement in executable format (object code) together with the relevant documentation released by the Provider in file format.
Non-free of charge software is supplied via the disclosure of a hyperlink which enables the customer to download the keyfile to the email address specified on the order form.
If updates have been agreed upon (Update Agreement), hyperlinks for downloading the keyfiles for the respective updates will be sent to the delivery email address specified on the order form for the purposes of supplying the updates.
This Agreement does not cover installation of the software
5. Rights of use
The Provider is proprietor of the entire copyright as well as all other rights to the software forming the subject matter of this Agreement, except to those parts of the software which were/are produced by third parties. The respective third party is proprietor of all rights to these parts and has granted the Provider the relevant rights of exploitation.
The extent of the authorization to use the software forming the subject matter of this Agreement is based on the following terms provided for the respective license:
"ActiveSlide Thunder Edition (Trial)" license (free of charge)
With regard to the free of charge "ActiveSlide Thunder Edition (Trial)" software, the Provider gratuitously grants you a non-exclusive, spatially unlimited, permanent right to use "ActiveSlide Thunder Edition (Trial)" software. This right of use entitles you to use "ActiveSlide Thunder Edition (Trial)" software on an unlimited number of output devices.
You shall acquire the non-exclusive right to circulate the "ActiveSlide Thunder Edition (Trial)" software as many times as you wish without having to pay license fees. You are obligated to append these General Licensing Terms and to refer to the Provider's website as the original source of the free software.
Any nongratuitous circulation or transfer to third parties, in particular the sale, leasing or lending of "ActiveSlide Thunder Edition (Trial)" software is expressly prohibited.
The provisions set out in section 5 d), (6)-(10) of these General Licensing Terms as part of the "ActiveSlide Thunder Edition (Trial)" license apply accordingly to the use of "ActiveSlide Thunder Edition (Trial)" software.
Any previously installed version of the "ActiveSlide Thunder Edition (Trial)" software can be converted to a non-free of charge version by purchasing a keyfile. In this case, you must conclude a licensing agreement for a non-free of charge version which, upon conclusion, supercedes the licensing terms for the "ActiveSlide Thunder Edition (Trial)" software.
"ActiveSlide Thunder Edition" license (non-free of charge)
Upon payment of the agreed non-recurring license fee, the Provider shall grant you the right to install and use a copy of the "ActiveSlide Thunder Edition" software on your own computer for use by one single user at any one time.
You are permitted to install a copy of the "ActiveSlide Thunder Edition" software on your own portable output device expressly for your own personal use. It is not permitted to share one license.
You may make a backup copy of the "ActiveSlide Thunder Edition" software and carry out everyday data backups.
Any use, copying or distribution of "ActiveSlide Thunder Edition" software above and beyond this is prohibited.
"ActiveSlide Thunder Edition" software may only be transferred or resold as a whole copy, i.e. if you cede your own use of the purchased copy you may transfer the right of use to a third party in accordance with the agreements existing between the Provider and you by handing over the "ActiveSlide Thunder Edition" software to the third party. In the event of such a resale, you are obligated to notify the Provider of the name and full address of this third party. You are also obligated in the case of such a transfer to a third party to hand over to the latter all material pertaining to the "ActiveSlide Thunder Edition" software and to delete the "ActiveSlide Thunder Edition" software from any remaining data media in your possession.
You may not decompile, modify or adapt the "ActiveSlide Thunder Edition" software above and beyond the extent provided for by law, i.e. unless this is necessary for creating an interface to other software products or to repair faults in the software.
Copyright and other industrial property notes within the "ActiveSlide Thunder Edition" software may not be removed or modified. They must be transferred together with every copy of the "ActiveSlide Thunder Edition" software.
The source code is not included in the transfer of rights.
The image and media material (hereinafter "media collection") supplied by the Provider with the "ActiveSlide Thunder Edition" software may be freely used individually in files which have been created using "ActiveSlide Thunder Edition" software in accordance with the license for the same. Any circulation of the media collection to third parties above and beyond this is not permitted.
Within the framework of the "ActiveSlide Thunder Edition" license you will be able to download all software updates for "ActiveSlide Thunder Edition" released by the Provider free of additional charge for a period of 12 months following conclusion of the Agreement.
The provisions set out in 5 d) (1)-(11) of the" ActiveSlide Thunder Edition" license shall apply accordingly to all updates supplied or made available by the Provider, unless there is a separate licensing agreement or separate conditions of use enclosed with these updates.
The prices stated in the Provider's price list at the time of conclusion of contract include statutory sales tax.
The purchaser can pay by credit card, bank transfer or cash.The purchaser must make the respective payment within 10 days of receiving the service. Upon expiration of this time limit the purchaser shall be in default of payment.
The purchaser shall only have a right to offset if his counterclaims have become res judicata or have been admitted by the Provider.
The Provider reserves the right to the subject matter of the Agreement until full payment has been made. In particular, if the Provider rescinds the Agreement, for example, on account of the customer's default in payment, he can prohibit further use of the non-free of charge software and demand the return, or in the event that the return is not possible, the deletion, of the keyfile.
In the event that a third party accesses the reserved property before full payment for the software forming the subject matter of this Agreement has been made, you must inform the respective third party about the Provider's reservation and notify the Provider immediately in writing about the third party's access.
7. Warranty for "ActiveSlide Thunder Edition (Trial)" software
Gratuitous supply or provision of the "ActiveSlide Standard Edition" software excludes any warranty.
The warranty provisions set out below in paragraph 8 apply to the non-free of charge "ActiveSlide Thunder Edition" software.
8. Warranty for "ActiveSlide Thunder Edition" software
The software is of the nature described in the accompanying documentation, is suitable for use as described there and is of the standard quality of this type of software; it is not, however, flawless. Any software function impairment which is the result of defective hardware, environmental conditions, faulty operation and the like is not a defect. Any negligible reduction in quality is disregarded.
A material defect exists if the software is not suitable for use as described in the accompanying documentation. A defect in title exists if the rights required for the contractually provided use have not been effectively granted.
The warranty period is 2 years as standard. If the Provider has fraudulently concealed the material defect, the warranty period for this defect shall be 3 years. The warranty period begins as soon as you have received the keyfile required to use the software.
If defects are reported to the Provider during the warranty period, he shall rectify these defects free of charge. You will receive the remedied software again in the agreed manner within the framework of the rectification. On-site fault analysis and repair will not be carried out on your system. You yourself are responsible for installation. In particular, the Provider shall not be responsible for on-site installation of the software within the framework of the warranty.
If you have already created your own data in the software, the software allows you to save this data separately and then restore it easily following reinstallation of the software. Repairs to software containing your own information would create an unreasonable amount of work for the Provider. This can only be demanded in exceptional cases where information created in the software cannot be saved separately and restored again because of the software defect, and this rectification is still acceptable to the Provider.
Upon expiration without effect of a time limit set by you for rectification, you may rescind the Agreement or reduce the purchase price and demand compensation instead of performance or reimbursement of fruitless expenditure.
It is not necessary to set a time limit if the Provider refuses both forms of rectification, even when he is entitled to do so on account of the resulting costs or the rectification is not possible or the rectification is unacceptable to you or the rectification failed.
A rectification is considered to have failed after the second unsuccessful attempt unless something else results particularly from the type of software or defect or other circumstances.
You are not entitled to rescind the Agreement if the defect is negligible. Nor can you demand compensation instead of complete performance in this case.
The Provider can demand a surcharge if the software has been modified, used outside the specified environment or was incorrectly operated.
The warranty obligation does not apply if modifications are made to the software without express written consent, or if the software is used in a manner or software environment other than that specified, unless you can prove that these facts are in no way related to the respective fault.
9. Limitation of liability
The Provider accepts no liability for slightly negligent breaches of duty of insignificant contractual obligations. In the event of a slightly negligent breach of a cardinal obligation, the liability of the Provider shall be limited to foreseeable, contractually typical, direct damage according to the type of product.
The liability limitations do not affect claims by the purchaser resulting from product liability. Further, the liability limitations do not apply in the case of bodily injury and damage to health attributable to the seller or in the event of the loss of life of the purchaser, or if the seller has fraudulently concealed a defect or in the case of damages resulting from the absence of a guaranteed property.
Insofar as the liability of the seller is excluded or limited, this shall also apply to the Provider's employees, workers and assistants.
If damage is both the fault of the Provider and the fault of the customer, the customer must take into account his contributory negligence.
The customer is responsible for making regular backups of his data. In the event of loss of data attributable to the Provider, the Provider shall therefore only be liable for the costs of copying the data from the backup copies to be created by the customer and for the retrieval of the data, which would also have been lost in the case of proper backup of the data.
10. Termination of update agreements
Update agreements may be terminated with a period of notice of 4 weeks and with effect from 06-01 or 12-31 of a calendar year in each case.
11. Final provisions
a) The Agreement is subject to German law. The standard UN purchasing law (CISG) is hereby excluded.
b) Changes and amendments to this Agreement require the written form. This also applies to changes to these provisions.