These usage and liability conditions represent a legally binding contract between you as a natural person, organization or company ("User") and the software developer Jens Krause, based in 23701 Eutin, Germany ("Developer"), with regard to the software product, WS Slideshow Configuration Tool, "the Software".
Please read the following terms and conditions carefully before placing an order. These apply to the above-mentioned Software as well as all updates and upgrades provided by the Developer.
The Developer grants the User rights to use the Software exclusively in accordance with these terms and conditions.
When you download, install, distribute, duplicate or otherwise use the Software, you are obliged to comply with the terms and conditions. Deviation from the terms and conditions represents illegitimate usage. Any contrary terms and conditions or other license conditions of the User are expressly not recognized, and not part of this contract.
The contract, as granting such usage rights, is concluded by the User upon placing an order on the Developer’s website and by the Provider upon acceptance of such request- i.e. by provision of a license key for the Software.
The Provider grants the User, in return for payment and without restriction on location, the straightforward, non-exclusive, non-transferrable (personal) right to use the copy of the Software (full version) provided by the Developer: "the License".
The User is entitled to use the Software on any number of its own computers. The User is also entitled to make backup copies of the Software in accordance with the applicable legislature.
Any commercial or business application of the delivered software going beyond these constraints is excluded. In particular, it may not be made available to third parties, either for free or otherwise, directly or indirectly, via any medium.
The User may not modify, translate or derive other software or code from the Software.
Any reverse engineering of the Software code (in part or full) into other programming languages (decompiling) is prohibited.
Trademarks, copyright notices or other characteristics indicating the origination of the Software may not be modified or removed.
Notwithstanding the granting of usage rights, all rights to the Software remain with the Developer.
Any liability of the Developer or its vicarious agents for slight negligent breaches of duty is excluded, as far as this does not involve the damages to life, body or health, or the failure of assured characteristics, or unless claims are warranted under the (German) Product Liability Act. Liability for culpable infringement of contractual obligations, whose fulfillment is necessary for the correct implementation of the contract, and where the customer may normally trust on such obligations beings observed, remains unaffected.
In the case of damages arising through some failure of an assured characteristic, the Developer is only liable for such damages that are covered under such assurance.
Furthermore, the Developer is only liable where the damages were deliberate or caused by gross negligence.
As far as the Developer is liable, liability is limited to the replacement of typical and foreseeable damage. Liability for deliberately caused physical damage is unlimited.
In the case of damages due to data loss, the Developer is only liable as far as the User has made appropriate backups at regular intervals.
The Developer is entitled to provide -free of charge- any improved or replacement software.
Except in the above-detailed cases, all liability of the Developer is excluded. This applies in particular in such case, where the User has used the Software inappropriately and thereby caused damages to itself or a third party. In this case, the User indemnifies the Developer against all claims of any third party.
Any agreements that represent or contain any change, addition to or other substantiation of these license conditions require written form.
The laws of the Federal Republic of Germany - to the exclusion of UN purchase law - shall apply.
In case the User is a merchant, legal entity or special fund, the exclusive jurisdiction for this agreement is Eutin. Notwithstanding the above-mentioned provisions, the Developer is entitled to commence legal action against the User within the User's own jurisdiction.