LICENSE AGREEMENT & TERMS
Software product: Pixpedia Publisher
Description: DTP layouter for Windows PCs to create and order photo related products, like photo books
PLEASE READ THE FOLLOWING BEFORE INSTALLATION OF THE SOFTWARE. BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ SAID TERMS AND CONDITIONS, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM.
1. GENERAL TERMS
This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and 1STEIN for the software product(s) stated above (in the following referred to as "software"), which may include associated media, printed materials, electronic documentation, online information or exported data, such as web-albums or photo books. By installing, copying, or otherwise using the software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the software. The software is owned by 1STEIN and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software is licensed, not sold. 1STEIN will improve and update the software from time to time. While you are using the software, our server will occasionally compare it with the latest available version, and inform you if there are new versions available.
2. VERSIONS OF THE SOFTWARE
There are different versions of the PC software, each of which is subject to this EULA. Upon downloading, installing or using any version of the PC software, you are reaffirming that you are bound to the terms of this agreement. The software is provided without charge, as long as it is used to create the photo related products displayed in the applications product wizard. You may not use the exported data and documents other than to order the related products.
3. GRANT OF LICENSE
1STEIN agrees to grant you a revocable, non-exclusive license to use the stated software. This license is royalty-free. No title to intellectual property is being transferred.
4. THIRD PARTY TERMS
The software may include third party software, like an online shop. By using the third party software and by ordering the photo related products, you agree to accept the terms and conditions of the corresponding supplier.
All title, including but not limited to copyrights, in and to the software and any copies or exports thereof are owned by 1STEIN or its suppliers. All title and intellectual property rights in and to the content (such as images and photos) which may be accessed through use of the software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use content of which you are not the owner. All rights not expressly granted are reserved by 1STEIN.
You are hereby licensed to make copies of any version of the software, give exact copies of the original evaluation version to anyone, and distribute the evaluation version of the software in its unmodified form via electronic means. There is no charge for any of the above. You are specifically prohibited from charging or requesting donations for any such copies, however made, and from distributing the software and/or documentation with other products (commercial or otherwise) or by other than electronic means without 1STEIN's prior written permission. You may redistribute exported data such as photo books, if the exported files are in no way modified, and if they are only opened and processed with the same software.
7. WARRANTIES AND LIABILITIES
The software is provided "as is". Neither the third party software partners nor 1STEIN warrant that the software shall meet all of your requirements or that its operation shall be uninterrupted or error-free. You should therefore carry out appropriate testing of the software before using it. Should the software prove defective, we shall attempt to correct it, but 1STEIN does not assume any liability for your costs incurred. Correction of the software shall be your sole remedy and 1STEIN's entire liability. In no event shall 1STEIN be liable to you for any damages, including any lost profits, lost savings or indirect damages such as lost or destroyed data, disruption of planning, claims of third parties, or other special, incidental or consequential damages whatsoever arising out of the use of or inability to use the software or for any other claim by you or by any other party, even if an authorized distributor has been advised of the possibility of such damages in any of the foregoing cases.
1STEIN uses the information collected about you to provide you with update information for the software. 1STEIN may also use the information to offer you personalized services and products of our partners. 1STEIN never stores any creditcard information. All payment transactions are posted through secure SSL gateways.
This Agreement shall be entered into for an indefinite term and can be terminated by either party at any time by informing the other party in writing, including a message posting on the Internet. Upon termination of this Agreement, you shall immediately erase the software from any carrier on which it is stored or destroy such carrier.
1STEIN has the right to update these TERMS & CONDITIONS at any time. You accept that you shall be bound to them from the moment you receive notice of such change. This agreement shall be subject to German law. City of jurisdiction is Munich.
1STEIN GmbH, Starnberg