These license and usage 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, "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 User, upon sending an order for the unlimited commercial version, declares that it shall use the software not exclusively as a private person, but in the execution of its business, commercial or self-employed activities.
The contract, as granting such usage rights, is concluded by the User upon playing an order on the Developer’s website and by the Provider upon acceptance of the order, i.e. by provision of a download link to 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 (unlimited commercial version) provided by the commercial for personal use: "the License".
The User is entitled to use the Software on one computer (in case of usage for offline presentations and/or for test purposes) and for unlimited number of online offerings (web presences).
The User is also entitled to make backup copies of the Software in accordance with the applicable legislature.
The User is also entitled to distribute an unlimited number of copies of the Software as an element of such web presence elements (e.g. slideshows within CMS systems) or offline presentations that the User has prepared within the scope of its business activities, as long as such distribution is restricted to the previously-mentioned purpose, delivered in the mode described, and the conditions of the License are observed.
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, except in the case expressly described.
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.