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General terms/conditions and license agreements
General terms and conditions -
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GENERAL TERMS AND CONDITIONS("GTCT"): For GERMANY the German version of these GTCT shall prevail which you will find here: Allgemeine Geschäftsbedingungen Thorsten Hodes - doc2pdf.org, Germany Owner and legal representative: Thorsten Hodes In der Roed 5 D-36132 Eiterfeld Germany Updated: December 09, 2008 Please read the following General Terms and Conditions ("GTCT") carefully. By ordering goods or services through this website or by registering on or with this website you agree that these GTCT shall apply exclusively to the business or legal relationship between you as our customer and us. 1. SCOPE OF APPLICATION 1.1 The GTCT shall apply to all products, goods, and services which are delivered, brought or rendered by us, the vendor Thorsten Hodes - doc2pdf.org, Germany, with the postal address: In der Roed 5, D-36132 Eiterfeld, Germany (hereinafter also referred to as "doc2pdf.org", "we" or "us" or similar), through this website to you, the customer (hereinafter also referred to as "you” or "your” or similar). The term "product(s)” shall also include works, software and services. The term "customer” shall include entrepreneurs and consumers. 1.2 By ordering goods or services through this website or by registering on this website you agree that the GTCT shall apply exclusively to the business or legal relationship between you as our customer and us. We will accept no other terms and conditions by our customers or third persons. Even our silence does not make such other terms and conditions part of our business or legal relationship with you. 1.3 We offer our goods and services only to adult persons, i.e. usually persons 18 years of age or older. 1.4 Please be aware that there will be no 100% guarantee that this website will constantly be available at all times. However, we will use our best efforts to make this website available to you as far as this is technically possible and reasonably achievable. 1.5 We have the right to reasonably change our services to the customer or to stop offering any services to customers in the future. 1.6 We may reasonably revise and update the GTCT at any time by posting such revised or updated GTCT on or at this Site. Any changes to these GTCT will become effective upon posting such revisions or updates. In addition, we will inform you about such changes and instruct you, if necessary, about your right of withdrawal. 1.7 We recommend that you print out and save these GTCT, our Privacy Policy, and our Disclaimer on your computer. Our Privacy Policy and our Disclaimer are part of these GTCT. Please feel free to contact us and ask us any questions concerning these GTCT. 2. DUTIES CONCERNING SERVER AND SERVICES - OFFERS 2.1 In case we and you have reached a separate agreement concerning our paid hosting or server services, we guarantee that such hosting or server services will be available 95% of all times during the year on the average. Excluded are such times of technical or other difficulties which are not caused by us. Excluded are also acts of god. In emergency situations we are allowed to limit the availability of agreed upon hosting or server services, in particular, if this is necessary to maintain server, software or network stability. 2.2 The customer has no right to be assigned the same IP address when he / she uses our services. 3. OFFER, COMPLETION OF THE CONTRACT 3.1 If we mention prices on this website or in our written material, or if we describe our services therein, we want to only invite you to make an offer to buy our products (so called invitatio ad offerendum). The offer is then your order of one or more of our products with us. We are free to accept or not to accept your offer. Once we have accepted your offer, we have reached an agreement with you. Before this moment, we are free to change the prices for our products and other terms and conditions. 3.2 After we have received an offer (order) from a customer, we have 14 days time to accept or not to accept the offer. Silence from our side will mean that we did not accept the customer’s offer. The customer can order from us online, in writing, by phone or orally. 3.3 The offer of a customer will be accepted from us usually in one of the following ways: - written and signed acceptance of the customer’s offer or - we send out the ordered product or the license key or the access data to the customer. 3.4 Before we accept your offer, you may receive an automatically created e-mail confirmation of your offer. Please note, that this confirmation e-mail is not an acceptance of your offer. This confirmation e-mail only summarizes all content of your offer. 4. TERM OF A HOSTING / SERVER CONTRACT, TERMINATION 4.1 The term of a contract which involves hosting or server services shall be 12 months. 4.2 If the contract is agreed for a certain time period or was agreed upon with the customer on a minimum amount of time, the contract shall be automatically extended in each of these two cases by the agreed time period or the agreed minimum amount of time, if the contract is not terminated by the customer or us at least one month before the end of the agreed time period. The extension of the contract shall be at maximum one more year. The contract term can be extended several times in such a way, each time at maximum for one more year, if the contract is not terminated by the customer or us at least one month before the end of the respective time period. 4.3 We have the right to terminate the contract with a term of notice of six months, if the contract is agreed for a time period of more then 12 months, but less than 24 months. 4.4 If the contract between us and the customer is agreed for an indefinite time period, both parties have the right to terminate the contract without reason with a term of notice of 30 days. 4.4 In all cases each of the parties may terminate the contract instantly, if the terminating party can base the termination on an important reason. An important reason exists for us, for example, if the customer culpably offends against these GTCT, our license terms, assignment terms or assignment guidelines. 4.5 Every termination of the contract needs to be in writing. Fax transmission is sufficient. 5. WITHDRAWAL INSTRUCTIONS / INFORMATION ON RIGHT OF WITHDRAWAL (applies to consumers from Germany, Austria, the United Kingdom, the Netherlands and Italy only) I. Right of withdrawalIf you are a consumer, then you have the right to cancel your order after delivery (receipt of the goods, if any, and receipt of these withdrawal instructions in written form by the recipient). The following cancellation periods shall apply in this instance:Germany: 2 weeks after receipt of the ordered goods, if any, and receipt of these withdrawal instructions in written form by the recipientAustria, the United Kingdom and the Netherlands: 7 working days after receipt of the goods, if any, and receipt of these withdrawal instructions in written form by the recipientItaly: 10 working days after receipt of the goods, if any, and receipt of these withdrawal instructions in written form by the recipient The cancellation requires no substantiation and must be carried out either in writing or via another permanent data medium (e.g. via fax or e-mail) to be addressed to:Thorsten Hodes - doc2pdf.org, Germany Owner and legal representative: Thorsten HodesIn der Roed 5D-36132 EiterfeldGermanye-mail: contact(at)doc2pdf.orgFax: +49 (0) 18 05 / 887 8581 40Please, if possible, specify your order data in your cancellation request. The prompt return of goods or dispatch of the letter of cancellation is sufficient to ensure that the cancellation period is upheld.The right of withdrawal shall lapse- in the event that ordered software or audio and video recordings have been unsealed; or- in case we had begun with our ordered services with your consent before the cancellation period had ended; or - in case the exercise of our services was initiated by you.This right of withdrawal does not apply to contracts for the delivery of goods which we produced according to specifications of the customer or which were clearly tailored to the personal needs of the customer.II. Consequences of withdrawalIn case of a withdrawal each party shall return what they have received in the course of the contract to the other party including any gains such as interests. Insofar as goods have been damaged or got lost and therefore cannot be returned in the same condition as received such party being responsible may be liable for damages unless such damage might have also occurred when testing the goods onsite as, for example, in a shop. Liability for damages can be avoided if you do not start using the goods like an owner and refrain from any activity which could deteriorate the value of the goods to be returned.Applies to Germany only: the consumer shall bear the costs incurred when returning goods up to an gross order value of 40 EUR, if the delivered goods are identical with the ordered goods; we are obliged to bear these if the order value exceeds this amount or if the ordered goods are not identical with the delivered goods.Applies to Austria, the United Kingdom, the Netherlands and Italy only: the consumer is obliged to bear the cost of returned goods.Goods which cannot be sent by post will be collected from you by us.END OF WITHDRAWAL INSTRUCTIONS 6. YOUR WARRANTIES AND REPRESENTATIONS 6.1 You warrant and represent that all the information you have given to us when ordering a product from us is current and accurate and that this information is sufficient for the execution of your product order by us. 6.2 You warrant and represent that you will keep your account data current and accurate and that you will keep your account data, including passwords, a secret. You promise that you will not give your passwords and account data to any third person. 7. PRICES AND PAYMENT TERMS NOTE: WE ARE FREE TO CHANGE PRICES UNTIL WE ACCEPT YOUR OFFER. 7.1 As far as nothing else is expressly agreed upon between the parties, the list price at the time of delivery shall have to be paid by the customer. In case of doubt, not the prices on our website or in an automatic confirmation e-mail (see 3.4) shall be decisive, but the price named or specified in our acceptance of your offer. In case the price named or specified in an acceptance differs from the price in your offer, our acceptance does not lead to a contract, but shall be deemed to be a new offer to the customer which the customer is free to accept. 7.2 We are entitled to retract from granted discounts any time before the acceptance of your offer, in particular because of cost increases for materials, carriage or labour, taxes, duties, higher exchange rates, etc. The provision in 7.1 (sentences 2 and 3) shall apply accordingly. 7.3 As far as nothing else is expressly agreed upon between the parties, the currency as noted or specified on this website shall be decisive. 7.4 Product prices include value added taxes, if any, but exclude forwarding expenses. All prices are not negotiable, once there is a binding contract between the parties. Forwarding expenses which are named or specified on this website are binding and non-negotiable. No forwarding expenses will be charged if you collect the product(s) from our place. However, in most cases, we do not charge forwarding expenses anyway, because in most cases you will just download the product from our website or we will send you needed access data with an e-mail. However, if you expressly request that we should send you a hard copy of the product, we will charge you the respective forwarding expenses according to the above rules. 7.5 We offer different payment options to our customers. As far as nothing else is expressly agreed upon between the parties and nothing else is specified in our price-lists, if any, the customer will be charged up-front by us (see 7.6) or – as he / she chooses – has to pay cash on delivery (in this case we would charge an additional COD charge at the rate of 10 EUR). We would like to offer Regular Customers in general the option of paying at a later time, at the latest 10 days after you will have received an invoice from us. " Regular Customers" are those which have ordered at least three times product(s) from us with a total value of more than 2,500.00 EUR. 7.6 Up-front payments have to be paid within 10 days after completion of the contract. 7.7 All payments have to be made in Euros free from any bank charges. 7.8 The offsetting of payments is permitted only if the money counterclaims are legally ascertained by a court of law of good jurisdiction or are not in dispute between the parties. In addition, the customer is authorised to the exercise of a retention right only if his / her counterclaim is based on the same contractual relationship. 7.9 If the customer is in default with his / her payment, we are entitled to charge interest on arrears at the rate of 5 percent points above the base interest rate as announced by the European Central Bank p.a. If we can prove higher damages in case of such a default, we are entitled to such higher damages. In case of a default of the customer we are only obliged to other deliveries to the customer if the customer has paid the entire open amount and has given us security for other deliveries. 7.10 You can find invoices in the website backend area. Invoices will also be sent to you as an e-mail attachment. If you request that we should send you a paper invoice by regular mail, we will charge you any extra costs because of this in addition to all other costs. 8. BANKRUPTCY ETC. In case you go bankrupt, you receive a court order to liquidate your assets, or we have reason to believe that you are not or will not be able to pay your debts when they are due, we are entitled to do the following: - We may stop all further deliveries and call back all deliveries in process - We may reject any more orders from you and retract from existing contracts - We may stop all services we had granted to you to your benefit 9. DELIVERY The following provisions apply only in such cases in which we deliver to you the product on a tangible object (e.g., on a CD-ROM). The following provisions do not apply, however, if you, for example, just download the product from our website or get access to the product through our website with your individual username and password. 9.1 As far as nothing else is expressly agreed upon between the parties, the delivery of the ordered product will be carried out from the doc2pdf.org facility to the address as provided to us from the individual customer ("Delivery Address"). Please make sure that the Delivery Address you provided us with is always current and accurate. Mistakes in this respect are to your detriment, financially and otherwise. 9.2 As far as nothing else is expressly agreed upon between the parties, we will deliver within 10 days - after we have received the payment in case up-front payments (see 7.6) have been agreed upon between the parties - after completion of the contract in all other cases. 9.3 We have the right to retract from the contract, if our supplier, if any, does not fulfil his / her contractual duties and we are not at fault for his / her mistake or non-delivery. We will immediately inform you about such a non-delivery. All rights granted to you by law or statute will apply in such a situation. 9.4 As far as a delivery to you is not possible because this impossibility has been caused by you, in particular because you were not present at the time and place of the delivery, although the delivery date was announced to you beforehand, then you will have to carry the entire costs for such a fruitless delivery. 9.5 If the customer is at fault, for example, in case of 9.4 or in case of non-payment etc., we are allowed to charge 10% of the purchase price as damages in addition to the compensation for our lost profits, provided that the 10% charge does not exceed the damages that would usually occur or to be expected in such a case. The customer is allowed to prove that the actual damages were lower than the 10% charge. In this case the customer would only have to compensate us for the actual damages. To the contrary, if we are able to prove that the actual damages are higher than the 10% charge we are allowed to charge the customer with such higher damages. 9.6 If the delivery is delayed or made impossible out of circumstances for which we are not at fault, including acts of god, we have the right to delay the delivery accordingly or to retract from the contract. We will immediately inform you about such a delay or non-delivery. All rights granted to you by law or statute will apply in such a situation. 9.7 If we deliver ordered products in more than one delivery, each and every delivery shall be counted or looked at as if a separate contract has been agreed upon between the parties with respect to the respective delivery. If you are an entrepreneur, you are not entitled to retract from all such contract(s) only because one delivery contains defective product(s). In such a case you are only entitled to retract from the contract with respect to the respective delivery with the defective product(s). 9.8 The risk of loss and deterioration of the product will have to be born by you - in case you are a consumer: once you have actually received the ordered product; - in case you are an entrepreneur: once we handed the product to the person who actually carries out the delivery, at the latest once you have actually received the ordered product. 10. SOFTWARE – LICENSE TERMS If the product delivered to you by us exists of software or contains such, then this software is licensed by us or by the respective licensor according to the respective end user license agreement (EULA) or other licence terms. This software may be used, copied, publicly performed, publicly displayed, etc. only in a way as it is expressly permitted (i) by EULA or other license terms or (ii) by the applicable statutes or laws. 11. LIMITATION OF LIABILITY 11.1 The liability of doc2pdf.org is excluded or limited concerning injuries and damage to life, body or health, unless we or our legal or other representatives were acting with intent or negligence concerning the acts or omissions that led to the injuries. 11.2 For all other injuries the liability of doc2pdf.org is excluded or limited, unless we or our legal or other representatives were acting with intent or gross negligence concerning the acts or omissions that led to the injuries. 11.3 If a statute holds a provision we cannot deviate from, then this statutory provision shall apply (e.g. § 14 German Product Liability Code). 11.4 You have the obligation to do everything what is reasonably possible to avoid or limit damages or the amount of damages. Also, you have the obligation to make back-up copies of all files which you have received from us, so that lost data can be restored or reinstalled with a minimum amount of extra expenditure. If you do not comply with this provision, a court of law may shorten the amount of damages which you may claim against us. See, e.g., § 254 German Civil Code). 12. RETENTION OF TITLE 12.1 We retain title / property concerning deliveries of all our products until the entire payment of the purchase price of the respective product has been made to us. 12.2 Claiming retention of title / property by us does not mean that we do not want to be bound by a contract between you and us anymore, unless we inform you of such an intention expressly. 13. INDEMNITY, RIGHTS OF THIRD PERSONS You agree to indemnify us from all liability as well as from all demands or costs which are asserted, brought or claimed against us by third persons as a result of your infringement of rights of third persons. 14. YOUR RIGHTS IN CASE WE DELIVERED A DEFECT PRODUCT TO YOU 14.1 If the purchased product is defect, the guarantee regulations as provided for by law or statute in the respective country shall apply, unless the following provisions provide for different regulations. 14.2 A product is defect if it is not of the agreed upon nature or quality or injures copyrights or other rights of third persons. 14.3 A product, in particular software, is not defect if it suffers from compatibility problems with other software or hardware, unless both parties have expressly agreed upon otherwise. 14.4 We will not be liable for any mishandling, misuse, misinstallation etc. of the product on your side. We are also not liable if you do not heed or follow instructions by the manufacturer of the product. 14.5 You lose the right to use and/or enjoy the product once you exercise a right to rescind the contract. In such a case, you need to immediately delete all product software bought from us from all of your hardware and destroy all software copies and other copies of the product. You agree that after the exercise of a right to rescind the contract you will declare and swear in writing that you have carried out or will immediately carry out all the acts which are required from you in 14.5. 15. REPORTING OF DEFECTS 15.1 You are obliged to immediately report or indicate to us defects of the ordered product(s) in wring (to: Thorsten Hodes - doc2pdf.org, Germany, In der Roed 5, D-36132 Eiterfeld, Germany; e-mail: contact(at)doc2pdf.org; fax: +49 (0) 18 05 / 887 8581 40), concerning evident defects at the latest after five working days after receipt of the product(s), and concerning hidden defects at the latest after one year after receipt of the product(s). 15.2 Once you have discovered a hidden defect, you are obliged to immediately report or indicate to us this discovered defect in wring to the under 15.1 mentioned address. 16. APPROVALS, EXPORT, DUTY FEES AND TAXES 16.1 If a government or another authority of your country or any other country requires an approval or license for the purchase, transport or use of the product, it is incumbent upon you to get this approval or license at your own expenses and to prove these approvals and licenses to us, if requested by us. Non-performance of this obligation does not entitle you to hold back or delay any payment of the product to us. You agree to bear all our costs and expenses which result out of any non-performance of this obligation. 16.2 The products may have to comply with certain exportation controlling laws or exportation controlling regulations in the country of delivery or any other countries. It is incumbent upon you to obey these laws and regulations and to do nothing what could offend against them. 16.3 When certain products are imported into the European Economic Area (EEA), the authorities may impose certain duty fees and taxes on you. We want to inform you that all such fees and taxes have to be paid by you only. You can find out more information about duty fees and taxes, for example, from a customs office responsible for your country. 17. PRIVACY POLICY Our Privacy Policy is available by clicking on the link Privacy Policy. Please read the Privacy Policy Section carefully before using this website. 18. NO ASSIGNMENT Neither these GTCT nor any rights or membership granted to you hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you. 19. ENTIRE AGREEMENT, NO WAIVER 19.1 These GTCT constitute the entire agreement between us and you with respect to your access and use of this website and the content contained in the GTCT, and your membership with this website, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these GTCT shall be binding unless in writing and signed by both parties. You acknowledge, represent and warrant that you have read these GTCT and agree to be bound by them as part of and in consideration of using this website and the agreed upon services. 19.2 Failure by either party to enforce any provision of these GTCT will not be deemed a waiver of present or future enforcements of this or any other provision. No waiver of one breach shall constitute a waiver of subsequent breaches of the same or of a different nature. 20 GOVERNING LAW, JURISDICTION, SEVERABILITY 20.1 Governing law shall be in all cases with respect to all matters concerning these GTCT, our EULA, our license terms, assignment terms or assignment guidelines the law of the Federal Republic of Germany, excluding all provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).20.2 The courts in Frankfurt am Main, Germany, shall have exclusive jurisdiction in all cases with respect to all matters concerning these GTCT, our EULA, our license terms, assignment terms or assignment guidelines. 20.3 If any provision of these GTCT, our EULA, our license terms, assignment terms or assignment guidelines shall be held to be invalid or unenforceable for any reason, or any portion thereof, the remaining provisions shall continue to be valid and enforceable to the maximum extent permissible and the remainder of these GTCT, our license terms, assignment terms or assignment guidelines will continue to be in full force and effect. 21. Consumer Rights Information - California Residents Only This Section applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following: Name of Service Provider: Thorsten Hodes - doc2pdf.org, Germany Owner and legal representative: Thorsten Hodes In der Roed 5 D-36132 Eiterfeld Germany Contact Information: contact(at)doc2pdf.org Users may contact this Site at: contact(at)doc2pdf.org in order to resolve any billing disputes or to receive further information about this Site. 22. Complaints - California Residents Only The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
License agreements -
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End User License Agreement ("EULA") Thorsten Hodes - doc2pdf.org, Germany Owner and Managing Director: Thorsten Hodes In der Roed 5 D-36132 Eiterfeld GERMANY THIS IS AN AGREEMENT. PLEASE READ ALL THE PROVISIONS IN THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY. BY INSTALLING OUR SOFTWARE, YOU AGREE TO ACCEPT ALL TERMS AND PROVISIONS OF THIS EULA.PLEASE NOTE THAT OUR GENERAL TERMS AND CONDITIONS ("GTCT") ARE ALSO PART OF THIS EULA. YOU CAN READ OUR GTCT BY CLICKING ON THE FOLLOWING LINK: GTCTBEFORE USING THE SOFTWARE PLEASE ALSO CAREFULLY READ THE ATTACHED / ENCLOSED MANUAL. This EULA applies to all our software products ("Software"). Please carefully read this EULA. Thorsten Hodes - doc2pdf.org, Germany, or his supplier is the owner of all intellectual property regarding the Software, i.e. the Software and all components thereof are owned by Thorsten Hodes - doc2pdf.org, Germany or his supplier, as far as intellectual property is protected by the respective countries. The Software is in particular protected by national and international copyright laws as well as other laws and statutes. If you do not accept this EULA, you have to do the following: (1) YOU IMMEDIATLY STOP USING THE SOFTWARE IN ANY WAY OR MANNER; AND(2) YOU IMMEDIATELY DESTROY AND/OR DELETE ALL COPIES; INCLUDING COPIES YOU STORED, SAVED OR ARCHIVED ON ANY HARDWARE; AND(3) YOU FOLLOW AND HEED ALL INSTRUCTIONS BY US OR BY THE MANUFACTURER. DEFINITIONS "Computer" is an electronic device which in particular stores, retrieves, uploads, processes or saves data, and which can be programmed with instructions. A Computer is composed of hardware and software, and can exist in a variety of sizes and configurations. "Evaluation Software" means a version of Thorsten Hodes - doc2pdf.org, Germany’s Software licensed as an evaluation or trial. This version is neither for resale nor for production use. "Internal Network" is a privately maintained Computer network that can be accessed only by authorized persons, as in members or employees of the organization / corporation / business entity that owns it. Internal Network specifically excludes the Internet or any other network community open to the public, including but not limited to membership- or subscription-driven groups, associations, and similar organizations. Connection via secure links (VPN or dial up) to your Internal Network for the purpose of this contract is considered use over an Internal Network. "Licensee" means a person and/or company entering into this EULA. "Software" means only the Thorsten Hodes - doc2pdf.org, Germany software program(s) and third party software programs, in each case, supplied by Thorsten Hodes - doc2pdf.org, Germany herewith, and corresponding documentation, associated media, printed materials, help files, online or electronic documentation, images, sounds, clip art and other artistic work, and all Updates or upgrades of the above that are provided to you. "Updates" means subsequent releases of the Software that are created for the purposes of bug fixes, error correction, or minor enhancements to functionality and that are generally made available to Licensees of the Software. "Updates" may or may not include the addition of new functionality. All Updates provided hereunder shall be considered Software and will be subject to this EULA. "License Key" means a unique unlock sequence that allows enabling of the License Key protected Software for production use. License Keys are bound on your hardware. In case you change important components of your hardware, as for example the mainboard or the CPU, you may need an update or a revision of your License Key(s). This can be done over our online license management system. You are allowed to update or revise your License Key(s) only one (1) time in such a case. Further such updates or revisions can only be requested to us via email. In such a case, we have the right to decline to accept these further updates or revisions. "Thorsten Hodes - doc2pdf.org, Germany" will at times also be referred to as "we", "us", "our" or similar. LICENSE / PERMISSION Thorsten Hodes - doc2pdf.org, Germany grants to you a non-exclusive and non-transferable right (= limited license) to use the Software as follows: Software License. Upon issuance of a valid license by Thorsten Hodes - doc2pdf.org, Germany, you are allowed to install the Software one (1) time on your computer, unless you have bought and been granted a Multiple License from us. a. Forms of License Grant. One-time License (Per Computer - License). By purchasing and agreeing on a one (1) time license, you are allowed to use and install the Software on your Computer one (1) time, but you are not allowed to use the Software on or via an Internal Network or other network. Multiple License. By purchasing and agreeing on a multiple license, you are allowed to use and install the Software on "n"-Computers while "n" refers to the number of purchased Licenses, but you are not allowed to use the Software on or via an Internal Network or other network. Company License. By purchasing and agreeing on a Company License, you are allowed to use and install the Software on an unlimited amount of Computers in one (1) location of your company. Server License. By purchasing and agreeing on a server license, you are allowed to use and install the Server - Software on one (1) computer inside your intranet or the internet. Internal Network License. By purchasing and agreeing on an Internal Network License, you are allowed to use and save the Software on your Internal Network which may then be installed by agreed upon authorized users on their Computers. b. Limitations. You may not separate component parts of the Software for use on more than one Computer. You do not have the right to distribute or use the Software in any other form than expressly allowed in this EULA. You may load the Software into your Computer’s temporary memory (RAM) for purposes of using the Software. Licensee agrees to not attempt to disable or violate the internal activation and licensing mechanism. c. Storage. You may copy the Software into the local memory or storage device. The license for the Software may not be shared or used concurrently on different computers. d. Copying. You may make archival or back-up copies of the Software, provided the copy contains all the original Software’s proprietary notices and that it is used only for back-up purposes. Also, copying as justified by "fair use" provisions is allowed. e. Reservation of Rights. Thorsten Hodes - doc2pdf.org, Germany reserves all rights not expressly granted to you in this License Agreement. f. License Abuse and/or Violation. If any abuse of a license is suspected or found, Thorsten Hodes - doc2pdf.org, Germany retains the right to make the License Key invalid. You also agree to surrender your license immediately upon any notification of violation of any of the terms in this EULA and you will not be refunded any money upon surrendering your license. g. No Freeware. This Software is not freeware and is not free of charge or in the public domain. h. Evaluation Software (Demoversion). If you are using Evaluation Software, you may evaluate the program for the maximum trial period stated in the program. If, after that time, you decide to continue using it, you must register it by paying a registration fee at our Web site (http://www.doc2pdf.org). If, after the trial period, you choose not to register it, you must uninstall it from any and all machines to which it was installed on a trial basis. This Evaluation Software can be turned into a fully registered copy by registering the Software on our Website. COPYRIGHT The Software is proprietary to Thorsten Hodes - doc2pdf.org, Germany and its licensors. Thorsten Hodes - doc2pdf.org, Germany and its licensors retain all copyrights, trade secret rights, patents, trademarks, and any other proprietary rights relating to the Software. Except as expressly provided in the License Grant above, you may not copy, reproduce, alter, modify, decompile, disassemble, reverse engineer, or create derivative works based on the Software. All rights not expressly granted are reserved. Any copy of the Software that you are permitted to make under this EULA must include all of the copyright and other notices appearing in the original copy of the Software. RESTRICTIONS ON TRANSFER This license is personal to Licensee, and neither your rights hereunder nor any copy of the Software may be sold, assigned, distributed, transferred or sublicensed to any other person, in any media (including electronic media), without the prior express written consent of Thorsten Hodes - doc2pdf.org, Germany. Any transfer in violation of this section will be null and void and will automatically terminate your right to use or possess the Software. NO EXPORT ALLOWED Licensee shall not export, directly or indirectly, unless Licensee has our express written permission to do so. UPDATED VERSIONS (UPDATES) The Software may be updated from time to time by Thorsten Hodes - doc2pdf.org, Germany at its sole discretion. You may obtain such Updates of the Software from Thorsten Hodes - doc2pdf.org, Germany on the terms agreed upon by Thorsten Hodes - doc2pdf.org, Germany and you. Such Updates of the Software are expected to operate more accurately and effectively. You acknowledge that you are responsible for downloading and installing such Updates of the Software. WAYS OF RECEIVING THE SOFTWARE You may receive the Software in more than one medium (download and CD). You may use only one medium that is appropriate for your single computer. You may not install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user. LIMITED WARRANTY Thorsten Hodes - doc2pdf.org, Germany warrants that, for sixty (60) days from the date of delivery of the Software to you, the Software will perform substantially in accordance with its applicable documentation. Thorsten Hodes - doc2pdf.org, Germany DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE SOFTWARE WILL BE ERROR-FREE. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHERWARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF DELIVERY, AS FAR AS THE NATIONAL LAWS OF THE RESPECTIVE COUNTRY ALLOWS. (USA ONLY:) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. LIMITATION OF LIABILITY a. Our liability is excluded or limited concerning injuries and damage to life, body or health, unless we or our legal or other representatives were acting with intent or negligence concerning the acts or omissions that led to the injuries. b. For all other injuries our liability is excluded or limited, unless we or our legal or other representatives were acting with intent or gross negligence concerning the acts or omissions that led to the injuries. c. If a statute holds a provision we cannot deviate from, then this statutory provision shall apply (e.g. § 14 German Product Liability Code). d. You have the obligation to do everything what is reasonably possible to avoid or limit damages or the amount of damages. Also, you have the obligation to make back-up copies of all files which you have received from us, so that lost data can be restored or reinstalled with a minimum amount of extra expenditure. If you do not comply with this provision, a court of law may shorten the amount of damages which you may claim against us. See, e.g., § 254 German Civil Code. e. AS FAR AS THE NATIONAL LAWS OF THE RESPECTIVE COUNTRY ALLOWS, Thorsten Hodes - doc2pdf.org, Germany, ITS SUPPLIERS, RESELLERS OR ITS LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF Thorsten Hodes - doc2pdf.org, Germany, ITS SUPPLIERS, RESELLERS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS FAR AS THE NATIONAL LAWS OF THE RESPECTIVE COUNTRY ALLOWS, OUR LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEES ACTUALLY PAID BY YOU IN RESPECT OF THE COPY OF SOFTWARE GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. (USA ONLY:) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. GOVERNING LAW, JURISDICTION, SEVERABILITY a. Governing law shall be in all cases with respect to all matters concerning this EULA, our GTCT, our license terms, assignment terms or assignment guidelines the law of the Federal Republic of Germany, excluding all provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).b. The courts in Frankfurt am Main, Germany, shall have exclusive jurisdiction in all cases with respect to all matters concerning this EULA, our GTCT, our license terms, assignment terms or assignment guidelines. c. If any provision of this EULA, our GTCT, our license terms, assignment terms or assignment guidelines shall be held to be invalid or unenforceable for any reason, or any portion thereof, the remaining provisions shall continue to be valid and enforceable to the maximum extent permissible and the remainder of this EULA, our GTCT, our license terms, assignment terms or assignment guidelines will continue to be in full force and effect. CHANGES OF THIS EULA We have the right to reasonably change this EULA in the future. We will inform you about such changes and instruct you, if necessary, about your right of withdrawal. LGPL-LICENSE By accepting this EULA you also accept the LGPL license terms which you will find by clicking on the following link: http://www.gnu.org/licenses/lgpl-2.1.html
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