Software Licence

Part of "Terms, Licence & Withdrawal". See full text under http://www.quickfeaturedimages.com/terms-licence-withdrawal/

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9. Terms Of Use (Software Licence)

9.1 On purchasing the Digital Product, the Customer simultaneously acquires the right to use it for an unlimited time, unlimited repeats and install it on as many servers as desired.

9.2 The Customer acquires the right to change the Digital Product. Changed Digital Products are excluded from any guarantee, warranty and liability from the beginning of the changes on.

9.3 The Customer must not give away and sell the Digital Product to third parties without agreement of the Digital Product author. There is only one exception: The Customer is allowed to use and bring into account the Digital Product in the context of third parties orders.

9.4 On purchasing the Digital Product, the Customer does acquire the right on complimentary future upgrades of and complimentary support for the Digital Product. Exempted from it are any loss or damage to the Customer which is caused with intent or by gross negligence of the Digital Product. More see section 12.

9.5 There is no liability for any special, incidental, indirect, or consequential damages arising out of the use or inability to use the products. More see section 12.

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11. Guarantee

When you buy Digital Products at my Online Shop, you conclude a purchase contract with me. You are therefore entitled to the statutory guarantee rights laid down in German Civil Code § 437.

12. Liability

12.1 Martin Stehle shall be liable in accordance with statutory regulations for any loss or damage to the Customer which is caused with intent or by gross negligence; ensues from lack of a warranted characteristic in the object of performance; arises from a culpable breach of cardinal duty; or results from mortal injury, physical harm or health damage if due to Martin Stehle’s fault. Martin Stehle shall also be liable in accordance with the German Product Liability Act (“Produkthaftungsgesetz”).

12.2 Cardinal duties shall mean those contractual obligations which have to be fulfilled in order for the agreement to be executed in the first place; which the contractual partner may rely on being performed as a matter of course; and which if breached by the other party may jeopardise the very purpose of the contract.

12.3 If a cardinal duty is breached, liability – provided the damage is merely caused by slight negligence, and does not involve mortal injury, physical harm or health damage – shall be limited to those losses which are typical and foreseeable and must therefore be anticipated in connection with the provision of services such as those under the contractual agreement.

12.4 In all other respects, Martin Stehle’s liability – for whatsoever legal cause – shall be excluded. In no event shall Martin Stehle or his suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use his products, even if he has been advised of the possibility of such damages.

12.5 If the damage suffered by the Customer is due to loss of data, Martin Stehle shall not be held liable insofar as the damage would have been avoided, had the Customer made a full backup of all the valuable data at appropriate regular intervals.

12.6 The Customer shall be personally responsible for lawful use of the Digital Products it purchases. In particular, the Customer must ensure compliance during use of the Digital Products with any obligations to furnish information and with all other statutory regulations.
