Licence (Software Licence Agreement)
Stefan Trost Media
Copyright (c) 2003-2012, Stefan Trost
All rights reserved
Software Licence Agreement
Software Licence Agreement between Stefan Trost Media, Fernewaldstraße 231, 46242 Bottrop (hereinafter called "Stefan Trost Media") and the user of software by Stefan Trost Media (hereinafter called "user") concerning the use of software made by Stefan Trost Media
Preambel
Stefan Trost Media offers the use of two categories of software through licensing. The categories are the free A-Software and the B-Software, for which licence fees must be paid. The following terms are the contractual basis of the use of the software of both categories between the parties in detail. Regarding to the B-Software an additional contract concerning the creation, the licences and the costs of the software has to be concluded. An exception is the B-Software ImageConverter Pro (BildKonverter Pro) and the B-Software TextConverter Pro (TextKonverter Pro). These two programs have no additional contract. With the first use of the software or in the case of A-Software in addition with passing on the software, this contract is concluded and the following contractual terms are accepted by the user.
If the user should not approve of the following regulations, the user is not allowed to use the software of Stefan Trost Media and the user has to delete all of his software files. Stefan Trost Media does not appreciate conditions of the user standing contrary or deviating from this contract. Conditions of the user are only obligatory when they were particularly confirmed by Stefan Trost Media in writing.
Stefan Trost Media and its suppliers own all intellectual property in the software. The software is only licensed, not sold. This also applies to free software. Stefan Trost Media permits you to copy, download, install, use, or otherwise benefit from the functionality or intellectual property of the software only in accordance with the terms of this contract. The use of some third party materials and services included in or accessed through the software may be subject to other terms and conditions typically found in seperate licence agreements or readme-files located within or near such materials and services.
The software may include product activation and other technologies designed to prevent unauthorized use and copying and technology to help you manage licences. Such technologies may prevent you from using the software if you do not follow the activation, installation and/or licence management process described in the software and documentation.
I. Definitions
(Ia) "Stefan Trost Media" stands for the company Stefan Trost Media, Stefan Trost and its vicarious agents. Please look at the internet pages sttmedia.com, sttmedia.de, stefantrost.com and stefantrost.de for contact possibilities.
(Ib) "User" is the party which uses the software by Stefan Trost Media.
(Ic) "Contract" describes this Software Licence Agreement concerning the use and the usage restrictions of software from Stefan Trost Media.
(Id) "Software" indicates the software files and all information, Stefan Trost Media provides with the software. This includes in particular but not exclusively other computer information by Stefan Trost Media or third parties, stock and sample photographs, images, sounds, clip art and other artistic work bundled with the software of Stefan Trost Media and not obtained from Stefan Trost Media or another party through a seperate service, related explanatory materials and files ("documentation") and any modified versions and copies of, and upgrades, updates and additions to, such information provided by Stefan Trost Media at any time, to the extent not provided under a seperate contract, also related to the online area.
The software can be devided in A-Software (paragraph Ie) and B-Software (paragraph If). This division and the classifications made in paragraphs Ie and If may change in the future, binding is always the current contract which can be downloaded on the internet pages sttmedia.de/lizenz and sttmedia.com/licence.
If only the term "software" is used or a paragraph is not specified in the following, this includes both A-Software and B-Software. If certain sections or regulations only apply to A-Software or B-Software, then this is expelled especially.
(Ie) "A-Software" can be downloaded and passed on for free (more on this in sections II (Licence) and III (Restrictions)). In the following the products WordCreator (Wortgenerator), PrintMyFonts (Schriftdrucker), SlippyClerk (Schnellschreiber), AnswerCoach (Fragentrainer), Stefan Trost Sudoku, Pipette, ScreenVideoCapture, WebSaver, IndexAuthor (Indexschreiber), FilelistCreator (DateilistenSchreiber), ImageConverter Basic (BildKonverter Basic), TextConverter Basic (TextKonverter Basic), Text Images, Clipboard Saver, File Renamer (Dateiumbenenner), Unit Converter (Einheiten Umrechner), Image Resizer and Statistics (Statistik) belong to the category A-Software. Modified versions (for example in accordance with an order or for a donation) are not "A-Software".
(If) "B-Software" includes the software from Stefan Trost Media which is not listed in the category A-Software. Software which is made individually and per order belongs to this category, too. The primary difference of A-Software is that B-Software is not free to download and may not be passed on. For B-Software another contract is necessary in which the scope of services and the costs of the B-Software are regulated. An exception is the B-Software ImageConverter Pro (BildKonverter Pro) and the B-Software TextConverter Pro (TextKonverter Pro). These two programs have no additional contract. In addition, we are providing some modified versions of the "A-Software" products in accordance with an order or for a donation. Also this modified versions fall in the category "B-Software" and do not need an additional contract.
(Ig) "Permitted Number" means one (1) for B-Software, as far as not indicated ulterior in a valid licence agreement (for example volume licence agreement) granted by Stefan Trost Media. In the case of A-Software the permitted number is unlimited.
II. Licence
If the user obtained the software from Stefan Trost Media or one of its authorized licensees and as long as the user complies with the terms of this contract, Stefan Trost Media grants the user a non-exclusive licence to use the software in the manner and for the purposes described in the documentation, appropriate to the following regulations.
(IIa) General Use (only A-Software): A-Software is freeware. The user is permitted to use this software freely and without limits. The user is also permitted to make copies and give copies of the original software to anyone, as long as these copies are exact copies without any modifications. The distribution with magazine CDs, internet pages or links in online offers are also permitted. In this case we ask for a free copy of the magazine and (or) to send a message to us. It is not permitted to use the software or the documentation for any commercial use, without written permission of Stefan Trost Media. If the user would like to, the user can donate for the unlimited use of A-Software on the pages sttmedia.com/donate or sttmedia.de/spenden. In the case of passing on the software, it must be made possible for the person who receives the software to read and agree with this contract before starting the Software for the first time.
(IIb) General Use (only B-Software): The user may install and use a copy of the software on compatible computers up to the permitted number. If the use of the software is bound to (for example yearly) licence fees, the software may be used only in the paid period of time. The permitted number, the additional provision for the use of the B-Software and the associated costs are included in a supplementary contract.
(IIc) Commercial Use: At a commercial use of A-Software an adequate donation is mandatory. If A-Software is used commercially for a longer time, an adequate donation must be paid at regular intervals (like licence fees). The donation must be submitted through one of the suggested possibilities on the pages sttmedia.com/donate or sttmedia.de/spenden without being asked before. The amount of the donation is based on a similar product that was purchased in the private sector and must include at least 15 euros per workplace, time period, and transaction.
(IId) Portable or Home computer Use (only B-Software): The primary user of the computer on which the software is installed may install a second copy of the software for his or her exclusive use on either a portable computer or a computer located at his or her home, provided that the software on the portable or home computer is not used at the same time as the Software on the primary computer.
(IIe) Backup Copy (only B-Software): The user may make backup copies of the software, provided the backup copies are not installed or used for other than archival purposes.
(IIf) The user assures to leave Stefan Trost Media of all losses, damages, claims, up to legal expenses and to defend Stefan Trost Media against possible complaints, arise through the use or the sale of the software or files, applications or other things prepared by the software. This indemnification will include the obligation, to indemnify Stefan Trost Media from all legal defense costs, in particular judicial and legal fees.
III. Restrictions
(IIIa) Modifications: The user may not modify, adapt or translate the software. Especially, the user may not reverse engineer, decompile or disassemble the software or attempt to discover the source code of the software in any other way.
(IIIb) The user may not modify the software or produce derived products. The software may include various applications, utilities and components, may support multiple platforms and languages and may be provided to you on multiple media or in multiple copies. Nonetheless, the Software is designed and provided to the user as a single product to be used as a single product on computers as permitted by section II (Licence). The user is not required to use all component parts of the software, but the user may not unbundle the component parts of the software for use on different computers. The user may not unbundle the software for distribution, transfer or resale.
(IIIc) Copying: The user may not copy the software except from as set forth in Section II (Licence). Any permitted copy of the software, the user makes must contain the same copyright and other proprietary notices that appear on or in the software.
(IIId) Transfer (only B-Software): The user may not rent, lease, sell, sublicense, assign or transfer his or her rights in the software or authorize any portion of the software to be copied onto another individual or legal entity's computer except from as may be permitted by this contract. In addition, the user may not transfer education, pre-release or not for resale copies of the software. In every case Stefan Trost Media has to be asked for permission.
(IIIe) Test versions or temporal limited software must be deleted after expiry of the particular time or the certain number of starts, may not be used and may not be changed after the expiry. The access to all files or results which were produced with such software or a product connected with that is carried out alone on the own risk of the user.
(IIIf) If the user does not want or if the user cannot observe these regulations and this contract, Stefan Trost Media withdraws the user the permission of use and the user has to delete all copies of the software.
IV. Duties of the user
(IVa) The user guarantees that all information, he transmits to Stefan Trost Media, is completely, correctly and up to date.
(IVa) The user is obliged to do everything for avoiding and reducing damages, especially making backup copies from all of the files and software data on his computer.
(IVb) The user always carries out every use of the software on his or her own risk.
(IVc) It is a duty of the user to get the current contract on the internet pages sttmedia.de/lizenz or sttmedia.com/licence before the first use of the software, because always that contract is valid, that was up to date at the time of the consent.
(IVd) The user obliges to use the software always in a legal way without injuring the rights of third parties, even if this would theoretically be possible with the software. For example – in the case of the WebSaver - it would be possible to save contents of internet pages which are not allowed to be saved. In every case you have to ask the respective administrator for permission. This example does not mean that paragraph IVd refers to the WebSaver alone.
(IVe) The user obliges himself to leave Stefan Trost Media of all possible claims regardless of which kind of third parties which result from the violation of the provisions of this contract and/or the violation of rights of third parties. This exemption obligation contains the obligation, to leave Stefan Trost Media of all losses, damages, claims, defence costs, up to court and legal expenseses and to defend Stefan Trost Media against possible complaints.
V. Property
(Va) All rights, claims and interests, including all copyrights, regarding to the Software and all its copies stay with Stefan Trost Media. The user may use this software merely in the context of the given possibilities by this contract. All rights which are not granted in this contract particularly, including copyrights, are reserved by Stefan Trost Media.
(Vb) Intellectual Property Ownership: The software and any authorized copies are the intellectual property of Stefan Trost Media and are owned by Stefan Trost Media and its suppliers. The structure, organization and code of the software are valuable trade secrets and confidential information of Stefan Trost Media and its suppliers. The software is protected by law, including but not limited to the copyright laws. Except as expressly stated herein, this contract does not grant the user any intellectual property rights in the software and all rights not expressly granted are reserved by Stefan Trost Media and its suppliers.
VI. Payment
(VIa) A -Software is free of charge, but it is asked for a donation. The possibilities to donate are provided on the internet page sttmedia.com/donate. For B-Software previously agreed monthly licence fees or a one-off payment is required. This payment obligations are covered by a separate contract.
(VIb) The invoiced amount is exempt from value-added tax according to Art. 19(1) of the German VAT code (Umsatzsteuergesetz, UStG).
(VIc) The payment must be carried out on the following account: Owner: Stefan Trost, Account Number: 788341, Bank Code: 36060591, Sparda-Bank West eG.
(VId) The invoices are provided online. As far as not agreed differently, Stefan Trost Media is not obliged to send a written invoice to the principal.
VII. Indemnification Clause
(VIIa) Stefan Trost Media and its suppliers and representatives expressly disclaims any warranty for the software. Stefan Trost Media and its suppliers and representatives are not responsible for damages or resultant damages which are caused by use or distribution of the software by the user or third parties. The software and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringment. In no case, Stefan Trost Media and its suppliers shall be liable for any claim, lost profit, interruptions, other economic losses, losses of data, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software, the use of the software, or other dealings with the software, independently of possible theoretically existing liability.
(VIIb) This is valid even if Stefan Trost Media or its representatives have been told about the possibility of such damages and even if a solution was explained for such damages and has proved that this solution did not fulfil the essential purpose.
(VIIc) Stefan Trost Media and its affiliates and suppliers provide the software and access to any internet pages, online services and other services “as-is” and with all faults and expressly disclaim all other warranties, conditions, representations or terms, express or implied, whether by statue, common law, custom, usage or otherwise in any other manner, including but not limited to performance, security, non-infringement of third party rights, integration, merchantability, quiet enjoyment, satisfactory quality or fitness for any particular purpose.
(VIId) Stefan Trost Media is not responsible, if the software was modified, if the data was damaged by abuse, a mistake or a wrong application or the software was used with a different than with a recommended hardware configuration.
(VIIe) The warranty for B-Software described in section VIII is the only warranty made by Stefan Trost Media and its affiliates. This is the only warranty claim with a warranty violation.
(VIIf) Excluded from that are merely any warranties, conditions or terms which cannot or may not be excluded or restricted.
(VIIg) This Indemnification Clause is also valid analogously in favour of vicarious agents, assignees, affiliates, legal representatives, legal agents and employees as well as the partners of Stefan Trost Media.
(VIIh) The provisions of sections V (Indemnification Clause) and VIII (Warranty) will survive the termination of this contract, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this contract.
VIII. Warranty
(VIIIa) Stefan Trost Media guarantees that the software was programmed and produced after the best conscience. If the software is used in the introduced way and with the recommended hardware and software configuration and operating system normally, the software should be free of material and manufacturing defects and be able to execute the functions described in the documentation. Non-substantial variation of performance from the documentation does not establish a warranty claim.
(VIIIb) If the software does not perform substantially in accordance with the documentation, the entire liability of Stefan Trost Media and its affiliates and your exclusive warranty claim will be limited to either, at Stefan Trost Media's option, replacement of the software or refund of the licence fee paid for the software.
(VIIIc) In addition, a legal breach is not excluded and neither the warranty of title nor the quiet enjoyment are assured.
(VIIId) All warranty claims must be made along with proof of purchase to Stefan Trost Media within a sixty (60) day period.
(VIIIe) Information or notes given by Stefan Trost Media, its representatives or employees verbally or in writing shall not create any warranty or increase this warranty in any way.
(VIIIf) The respite for warranty claims of the user is one year.
(VIIIf) There is no warranty for A-Software.
IX. Limitation of Liability
(IXa) With the exception of the exclusive appeal described above, in no event Stefan Trost Media, its affiliates or suppliers will be liable for any losses, damages, claims or costs of any kind, including any consequential, indirect or incidental damages, any lost profits or lost savings, any damages resulting from business interruption, personal injury or lack of care of claims of third parties, even if Stefan Trost Media has been informed about the possibility of such losses, damages, claims or costs. The foregoing limitations and exclusions apply to the extent permitted by applicable law.
(IXb) Stefan Trost Media's aggregate liability and that of its affliliates and suppliers under or in connection with this contract will be limited to the amount paid for the software, if any. This limitation will apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this contract.
(IXc) Excluded from that is Section VIII (Warranty) and any warranty, condition or term which cannot or may not be excluded or limited by law.
(IXd) The liability because of interruption, disturbance or other damage causing events, which are based on telecommunications services of Stefan Trost Media or third parties, for which Stefan Trost Media is legally responsible, is limited to the height of the recourse, possible for Stefan Trost Media against the respective supplier of the telecommunications services. Stefan Media is not liable for the functionality of the telephone lines, for power failures or for breakdowns of servers which are not in the sphere of influence of Stefan Trost Media. An adhesion going beyond the prominent of Stefan Trost Media is excluded.
X. Confidentiality
(Xa) As far as the contracting parties transmit commercial or technical information identified as confidential or one party emerges information from an area of the other party which is usually considered as business secret or otherwise confidential, the parties oblige to keep this information in strict confidence and not to make this information available to third parties or to use this information outside the implementation of this contract in any way without written consent of the other party. Such requirements are also applicable to prices and other conditions declared in this contract.
(Xb) Confidential information is in particular: Personal data, the terms of this conract and all of the used technologies.
(Xc) The parties agree to make such information available to employees or other assignees only if this is necessary for the implementation of the contract.
(Xd) Excluded from the mutual confidentiality obligation is such information which is obvious in general or which exist a legal obligation to revelation for.
(Xe) Not regarded as confidential information according to this provision is information, which has got public without any breach of confidentiality of a party, information which the announcing party has got from a third party lawfully, or information whose announcement is mandatory required by law, courts or competent authorities.
(Xf) Stefan Trost Media is authorized to pass account data or other information, which Stefan Trost Media is informed about in connection with the payment and invoice under this contract, to such enterprises which get active on behalf of Stefan Trost Media to a credit assessment, for the execution of payments and/or at the administration and maintenance of the account of the principal.
(Xg) The duration of this confidentiality obligation outlast the duration of this contract for five years.
XI. Data Protection
(XIa) Stefan Trost Media ensures that in the service provision the applicable data protection laws are observed. However the user is not relieved of its own obligations under the Bundesdatenschutzgesetz (BDSG).
(XIb) All employees involved in personal data are bound to paragraph 5 BDSG (data secrecy). All tasks are done strictly related to the task and within the scope of existing company agreements.
XII. Assignment
Only B-Software: The parties are justifiable in the whole or in parts for the transfer or other assignment of the contract only with the previous written consent of the respective other party. This party may refuse or delay this only for relevantly justified reasons.
XIII. Own Rights of Third Parties
With the exception of the regulations in section VII (Indemnification Clause), this contract grants no own rights to third parties opposite to contract parties, who are not part of this contract.
XIV. Acts of God
Except the fulfilment of financial obligations, no party is liable to the other party for the failure or the delay with obligations under the contract as far as the failure or the delay is based on circumstances which are beyond control of the respective party. Such circumstances include in particular: acts of god by natural phenomena, operational disruptions, fire damage, interference by public authorities, war, terrorism, rebellions, strikes and/or lockouts, the failure of the general power supply and telecommunications pipes as well as disturbances caused by the provider.
XV. Business Basis
The sections explained above are essential elements of the basis of the contract between Stefan Trost Media and the user. Stefan Trost Media and its vicarious agents would economically not be able to make this service available without such restrictions.
XVI. Support and Updates
(XVIa) Support: The user of the software does not have any claim for support by Stefan Trost Media. Nevertheless Stefan Trost Media tries to answer support inquiries. Support is offered by E-Mail. Please consult one of the given possibilities for contact.
(XVIb) Updates and Maintenance: Stefan Trost Media is not obliged to provide maintenance or updates for the software. However, any maintenance or update provided by Stefan Trost Media shall be covered by this contract.
XVII. Governing Law
This contract will be governed by and construed in accordance with the substantive laws in force in the state of Germany. Language of jurisdiction is German in every case. The exclusive jurisdiction for all disputes arising out of or in connection with this contract is the responsible court of the city of Bottrop, Germany. Excluded is the applicability of statutory conflict of laws and the Agreement between the United Nations Convention on Contracts for the International Sale of Goods. The application of these provisions is explicitly excluded.
XVIII. General Provisions
(XVIIIa) This is the entire contract between Stefan Trost Media and the principal relating to this issue and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to it. Please transmit all questions regarding this contract to stefantrost.com/contact.
(XVIIIb) A change in the present contract is only allowed in written form, which Stefan Trost Media has agreed to.
(XVIIIc) Only the German version of this contract will be the version used when interpreting or construing this contract. The German version is valid even if a contract in another language is offered by Stefan Trost Media. A contract in another language then German is only a service for users which cannot understand German.
(XVIIId) No liability is assumed for all internet pages interlinked in this document and in the software. The respective regulations which are expelled on these pages are valid.
(XVIIIe) The validity of this contract starts the day on which the user has agreed to the contract by possibilities mentioned above. Since the software is not always directly downloaded from the internet pages of Stefan Trost Media (exceptions are for example the passing on of the software in the case of A-Software), the contract submitted with the software may already have been changed at the moment when using the software for the first time. In every case it is the duty of the user to get the most current contract on the pages sttmedia.de or sttmedia.com. Even if the Software is delivered with another contract, the current contract on the pages mentioned above is valid, if this contract is divergent.
(XVIIIf) The not practice or not immediate practice of a right or an appeal from this contract does not represent any renunciation of the corresponding rights or on the appeals or of other rights or on the appeal. The partial assertion of rights or appeals does not impede the more detailed assertion of rights or appeals or the assertion of additional rights or appeals. The rights and the appeals resulting from this contract are cumulative, not alternative.
(XVIIIg) A company-law relationship or a joint venture is not justified by this contract. A sales representative relationship does not arise due to this contract, no party is authorized either or in another way authorizes to bind the other party by contract, to enter into contracts in its name or to give reasons for liabilities or other responsibilities opposite third parties.
(XVIIIh) For the purposes of contract compliance and thus to provide the contractually owed performances by Stefan Trost Media, Stefan Trost Media can also use third parties.
XIX. Severability and Interpretation
(XIXa) If provisions of this contract are found void or unenforcable in whole or in part or provisions of this contract will lose their legal effect or feasibility, the validity of the remaining provisions of this contract are not effected. The same applies when there is a loophole in the contract.
(XIXb) The parties commit to replace the invalid or unenforceable provision or the loophole with a legally operative provision, which gets the closest to the legally and especially economically desired aim of this invalid or unenforceable provision, or rather to fill the loophole appropriate to the whole purpose of this contract.