Software Licence Agreement
Stefan Trost Media provides you (in the following „User“ or „you“) the Software created by him on the basis of this Software License Agreement (in the following "Software License Agreement" or "License Agreement").
With downloading, ordering, buying, passing on, and/or using/utilizing the Software, you accept the conditions of this License Agreement as a binding contractual agreement and a contract comprising this License Agreement is concluded between you and Stefan Trost Media.
The software is solely licensed. This means that the User only obtains the right to use the Software in accordance with this License Agreement and the User does not acquire any other right to the software or the source code of the Software.
Stefan Trost Media only allows the User to download, copy, pass on, install, use or otherwise benefit from the Software in accordance with the provisions of this License Agreement.
The Software may contain technologies for product activation, technologies to protect against unauthorized use and duplication as well as technologies to support the User in the License Management. These technologies may prevent you from using the software if you do not follow the activation, installation and/or license management processes described in the software and/or the documentation.
If you do not agree with the conditions of this License Agreement, you are not allowed to use the Software and you have to delete all files of the Software. Conditions specified by the User which are in conflict with or differing from this License Agreement are only mandatory, if they are explicitly accepted in writing by Stefan Trost Media.
(1) „Stefan Trost Media“ stands for the company Stefan Trost Media as well as for the servants, agents and representatives of Stefan Trost Media. For contact information, please refer to sttmedia.com/imprint or sttmedia.de/impressum.
(2) „User“ or „you“ is, who utilizes, orders, purchases, downloads and/or passes on the Software.
(3) „Software License Agreement“ or „License Agreement“ means this document with all provisions contained therein.
(4) „Software“ is the program created by Stefan Trost Media including all versions and copies, updates and extensions (upgrades) of it as well as all current and future files, contents, functions, features and services bundled or associated with the program inclusive of related writings and documentations.
(5) „Standard Software“ is Software that Stefan Trost Media has created cross-user rather than individually for only one specific user. Stefan Trost Media offers both „Free Downloadable Standard Software“ and „Fee-Based Standard Software“. The Software offered for download and/or sale on sttmedia.com and sttmedia.de is Standard Software.
(6) „Custom Software“ is Software that Stefan Trost Media has created individually for the User. Custom Software can be individual Software that Stefan Trost Media has created for the User from scratch or it can be a modification of an existing Software.
(1) As long as the User complies with the conditions of this License Agreement, Stefan Trost Media grants the User a non-exclusive, non-transferable right to use the Software in accordance with the following provisions.
(2) Free Downloadable Standard Software: The User is entitled to use Free Downloadable Standard Software without charges and temporally unrestricted for own personal use. The User is also entitled to pass on Free Downloadable Standard Software to third parties as long as the User makes exact copies without any alteration, modification, extension or reduction and the passing on is free for the recipient. This also includes the distribution or publication through magazines CDs, websites or links on websites. Without written permission of Stefan Trost Media, Free Downloadable Standard Software may not be distributed together or bundled with commercial programs, offered as a paid download or sold in any other way. If you want to thank for using the Free Downloadable Standard Software, you can show your appreciation with a voluntary donation. You can explore different ways of how to support Stefan Trost Media on the pages sttmedia.com/donate or sttmedia.de/spenden.
(3) Industrial or commercial use of Free Downloadable Standard Software: If you want to use Free Downloadable Standard Software industrially or commercially, please contact Stefan Trost Media. Contact information can be found on the pages sttmedia.com/contact or sttmedia.de/kontakt.
(4) Fee-Based Standard Software: The User is entitled to create and store copies/backups of Fee-Based Standard Software for his own needs. However, the User is only allowed to use as many copies at the same time as he has acquired licenses for the Fee-Based Standard Software. The User is not entitled to pass on Fee-Based Standard Software to third parties without prior written permission of Stefan Trost Media.
(5) Custom Software: The User is entitled to create and store copies/backups of Custom Software for his own needs. The User is not entitled to pass on Custom Software to third parties without prior written permission of Stefan Trost Media.
(6) The right to use the software (Right of Use) is bound to the fulfillment of the conditions of this License Agreement and therefore only persists as long as the User complies with the provisions of this License Agreement. The Right of Use for Fee-Based Standard Software and Custom Software in particular forfeits if the User fails to meet his payment obligations.
(7) The Right of Use is not transferable. The User is not allowed to rent, loan, sell, sublicense or transfer his right to use the Software without prior written permission of Stefan Trost Media.
(8) Apart from the Right of Use, all other rights to the Software, to the copies thereof, to the source code of the Software as well as all rights not expressly granted are reserved to Stefan Trost Media, the respective supplier or the respective author.
(9) The user does not obtain any rights to the source code of the Software. The source code of the Software is not accessible to the user or to third parties – not even for insight.
(10) After expiration of this License Agreement or after the withdrawal of the Right of Use, the User is no longer allowed to use the Software and the User has to delete the Software including all copies of it. Upon request, the User will confirm in writing to Stefan Trost Media that the Software - including all copies thereof - has been deleted. The same applies for time limited Software as well as for trial versions of the Software that are no longer working after a certain amount of time or after a certain number of starts as well as for Software for which a specific operating life has been agreed.
(11) The Software is always licensed as a whole product and the User is only allowed to use or copy the Software as a whole product bundle. The User is not entitled to separate the components and parts of the software. It is not allowed to remove or change copyright marks, trademarks, brands, names, serial numbers or functions serving for product identification or product activation.
(12) The User is not allowed to modify, manipulate, decompile, reverse assemble, disassemble or otherwise alter, extend and/or reduce the Software and/or to create derived products thereof. In particular, methods such as reverse engineering or other methods to deduce the source code of the Software are prohibited.
(13) Stefan Trost Media provides the Software without guarantee that the Software works together with the User's programs, that the Software can be run on every operating system and/or that the Software is compatible with every system configuration. In case of Custom Software, the User has to inform Stefan Trost Media - at the latest when placing the order - on which system and under which conditions the Custom Software should be able to run.
(14) Stefan Trost Media does not guarantee that Standard Software meets the requirements, needs and/or expectations of the User or that Standard Software is suitable for the purposes of the User.
(15) Stefan Trost Media is entitled, but not obliged, to create updates or extensions (upgrades) of the Software. All updates and upgrades provided by Stefan Trost Media are covered by this License Agreement.
(16) For certain functions, services or offers within the Software, additional contracts or terms can apply that can supplement or replace parts of this License Agreement.
(17) For all linked, invoked or embedded plug-ins, services, libraries, scripts and codes from third parties in or out of the Software, the licensing is not concluded with Stefan Trost Media, but with the respective third party.
(18) The Software can also contain offers for products and/or services from partner companies or third parties. If you make use of such offers, a contractual relationship is concluded exclusively between you and the respective supplier of the offer. Please note, that for such offers other terms, differing from this License Agreement, can apply. Information about that are typically attached in form of a separate contract or separate terms to the respective offers. Stefan Trost Media assumes no guarantee and is not liable for the suppliers of such external offers.
(19) If the User has not properly obtained the Software, or if the User does not comply or can not comply with the conditions of this License Agreement, or if the User uses or intends to use the Software in a non-appropriate or non-intended manner, the User is not allowed to use the Software and has to delete all files of the Software immediately.
III. Obligations of the User
(1) The User agrees to comply with the provisions of this License Agreement.
(2) The User has to ensure, that all information he transmits to Stefan Trost Media is complete, correct and current.
(3) The User agrees to thoroughly test the Software on its applicability for his intended purpose before using it operationally.
(4) The User agrees to report errors in the Software to Stefan Trost Media within two weeks after their first occurrence.
(5) The User agrees to always use the Software in a legally acceptable way and not to violate the law or the rights of others by his use.
(6) The User agrees not to disturb, interrupt, overload and/or otherwise influence the technical procedure and/or the technical functions of the Software and/or of the servers that are possibly related to the Software.
(7) The User agrees not to separate or unbundle the Software delivered by Stefan Trost Media. The same applies to related and/or included files and components of the Software. The User agrees not to use or pass on the Software in any form other than as provided by Stefan Trost Media. The Software must always stay together as a whole complete product.
(8) The User agrees to take all necessary measures to avoid or reduce losses or damages.
(9) The User agrees to take precautions for the case that the Software in whole or in part is not working properly.
(10) The user agrees to create a proper data backup before using the Software.
(11) The User agrees to compensate Stefan Trost Media for damages resulting from a breach of the provisions of this License Agreement. In particular, this applies if the user passes on the Software to third parties without authorization.
(12) Cooperation of the User: The User agrees to support Stefan Trost Media without payment and without any undue delay (immediately) as far as this is useful or necessary for the fulfillment of the License Agreement.
(13) In case of Custom Software, the Duty to Cooperate includes in particular: the provision of all information, materials, accesses and other requirements necessary for the performance of the contract; the answering of all questions required for contract implementation as well as the testing of the Software and providing feedback on the results of testing.
(14) If the User does not fulfill, does not to the extent necessary fulfill, or does not immediately fulfill his Duty to Cooperate, Stefan Trost Media can possibly not guarantee mentioned and/or agreed deadlines and/or dates and the User can not insist on complying with these deadlines and dates. This can especially be the case if the User provides no or only incomplete, incorrect and/or erroneous information, if the User revises requirements and/or information afterwards and/or if Stefan Trost Media has to fulfill tasks that should have been fulfilled by the User himself.
(15) If Stefan Trost Media should arise an extra effort and expense due to the User not or not in a sufficient way fullfilling his Duty to Cooperate, the User is obliged to compensate Stefan Trost Media for it.
IV. Pricing and Payments
(1) Free Downloadable Standard Software: Free Downloadable Standard Software is free of charge for own private use. If you want to thank for using the Free Downloadable Standard Software, you can show your appreciation with a voluntary donation. You can explore different ways of how to support Stefan Trost Media on the pages sttmedia.com/donate or sttmedia.de/spenden. If you want to use Free Downloadable Standard Software industrially or commercially, please contact Stefan Trost Media. Contact information can be found on the pages sttmedia.com/contact or sttmedia.de/kontakt.
(2) Fee-Based Standard Software: The prices and/or royalties for Fee-Based Standard Software are published on the sales page of the corresponding Software.
(3) Custom Software: The price for Individual Software depends on the amount of effort spent by Stefan Trost Media and/or the price agreement concluded between the User and Stefan Trost Media. As far as the price has not been explicitly agreed in writing as binding, all information provided by Stefan Trost Media regarding expected costs for creating a Custom Software are tentative estimates based on the requirements and preconditions communicated by the User. In particular, if the User afterwards requests changes and/or enhancements or if there are requirements not known or not disclosed at the time of estimation, the effort of cost and time can differ from the estimation.
(4) Payments can be made via PayPal or by bank transfer. The PayPal address or the bank account details for the bank transfer will be published at the corresponding place or after the order process.
(5) Invoices are provided online. Unless otherwise agreed, Stefan Trost Media is not obliged to send a written invoice to the User.
(6) Invoices are payable within 10 business days from the date of invoicing.
(1) The Software as well as every copy of the Software contains and is mainly composed of works of personal intellectual creation in the sense of the German Copyright Act (Urheberrechtsgesetz, UrhG). These works are intellectual property/copyrighted works of Stefan Trost Media respectively his suppliers or the respective author. Except in the cases expressly permitted in Section II (License), it is neither allowed to copy, pass on or to imitate the Software and these works in whole or in part nor to use them for any other than the intended purpose, unless there is an explicit written permission of the respective author. Other applicable rights of the Software remain unaffected from this.
(2) This License Agreement does not grant the User any property rights and/or claims on the Software, the source code of the Software or on particular contents, services and/or functions of the Software. This also applies to drafts, materials or other works created by Stefan Trost Media exceeding the Software. All rights thereon are reserved to Stefan Trost Media.
(3) All brand labels and trademarks, which are mentioned within or associated with the Software and possibly protected by third parties, are subject without restriction to the provisions of the applicable trademark law and the property rights of the respective registered owners. The mere mentioning of a brand label or a trademark does not imply that the brand label or trademark is not protected by third-party rights.
VI. Liability and Warranty
(1) Any use of the Software is at the User's own risk.
(2) The User should only use the Software with caution, using common sense and, in doubt, only after an independent, professional verification.
(3) The User is personally responsible for his own contents created, processed and/or managed using the Software as well as for his own actions related to the Software. In particular, this applies in cases in which contents and/or actions of the User are violating applicable law and/or the rights of third parties.
(4) For Free Downloadable Standard Software, the liability of Stefan Trost Media is limited to intent and gross negligence (§ 521 of the German Civil Code (BGB), Liability of the donor (Haftung des Schenkers)). The warranty of Stefan Trost Media for Free Downloadable Standard Software is governed by § 524 of the German Civil Code (BGB), Liability for material defects (Haftung für Sachmängel).
(5) For Fee-Based Standard Software and Custom Software, besides cases of intent and gross negligence, Stefan Trost Media is also liable in the event of an essential infringement of a contractual obligation. However, the liability for an essential infringement of a contractual obligation is limited to the loss Stefan Trost Media could have foreseen due to the circumstances known at the time of entering into this License Agreement with the user.
(6) For the culpable injury to life, body or health, besides cases of intent and gross negligence, Stefan Trost Media is also liable for simple negligence.
(7) The objection of contributory negligence is open to Stefan Trost Media.
(8) Stefan Trost Media does not assume any responsibility or liability for losses or damages resulting because the User has violated this License Agreement.
(9) Stefan Trost Media does not assume any responsibility or liability for losses or damages resulting because the User has violated applicable law, rights of third parties and/or offical directives.
(10) Stefan Trost Media does not assume any responsibility or liability for losses or damages resulting because the User and/or third parties have modified, manipulated, extended, reduced and/or otherwise altered the Software delivered by Stefan Trost Media.
(11) Stefan Trost Media does not assume any responsibility or liability for losses or damages resulting because the User has used the Software in a not recommended, not usual and/or not designated way.
(12) Stefan Trost Media does not assume any responsibility or liability for losses or damages caused by the User or third parties passing on the Software.
(13) Stefan Trost Media is not liable for data loss that could have been prevented by a proper and regular data backup by the User.
(14) Stefan Trost Media does not assume any responsibility or liability for losses or damages resulting because the User is incapable of using and/or applying the Software.
(15) Any warranty is void, if the User and/or third parties have modified, manipulated, extended, reduced and/or otherwise altered the Software delivered by Stefan Trost Media.
(16) Except for the fulfillment of payment obligations, no contracting party is liable against the other contracting party for non-performance or delay in performance of the contract, if the non-performance or delay in performance is due to circumstances beyond the control of the respective party. Such circumstances include in particular: acts of god caused by natural events, fire damage, interventions of public authorities, war, terrorism, riots, strikes and/or lockouts as well as failures and/or disturbances of the general electrical power supply, the general telecommunication networks and/or technical devices of third parties.
(17) Download server and server-based services are always offered subject to the reservation of availability. Stefan Trost Media does not assume any liability and warranty for that download server and server-based services are always available reliably, free of errors, free of disturbances, timely and without any interruptions. This applies, in particular, if the access to download server and server-based services is restricted due to circumstances which are outside the scope of responsibility of Stefan Trost Media. However, Stefan Trost Media also reserves the right to take download server and server-based services offline for an indefinite period of time, for example, to perform maintenance operations.
(18) The Software may contain links to external websites and services of third parties on whose contents Stefan Trost Media does not have any influence. Therefore, Stefan Trost Media cannot accept any responsibility and liability for these external contents as well as for possible changes to these contents. For the contents of linked websites, only their operators are responsible. The respective provisions declared on the corresponding websites are applicable.
(19) The limitation of liability and warranty remains valid even after the ending of this License Agreement, regardless of the reason why the License Agreement was ended.
(1) As far as the contracting parties transmit commercial or technical information which is marked as confidential or a contracting party becomes aware of information of the other party, which is usually considered as business secret or otherwise confidential, the contracting parties agree to treat such information confidential 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.
(2) Confidential information is in particular: additionally agreed terms, additional contracts, functional specification documents (FSD), product requirement documents (PRD), offer documents, agreed prices, cost calculations, cost estimates, drafts, technical details as well as content of personal communications. The contractual parties agree to make such information available to their employees or agents only if this is necessary for the execution of the contract.
(3) Not regarded as confidential information according to this provision is information that became public without any breach of confidentiality of a party as well as information that the announcing party has received from a third party lawfully.
(4) Excluded from this mutual obligation of confidentiality is information which is generally obvious; for which there is a legal, judicial or regulatory obligation to disclose; to whose use the concerned contracting party has consented, or which are necessary to ensure the safety of other Users, the public or Stefan Trost Media.
VIII. Data Protection
(1) Stefan Trost Media ensures that within the service provision the applicable data protection regulations will be respected. All data will be used strictly task-related.
(2) For further information about the nature, scope and purpose of the collection and use of your data, please refer to our Data Privacy Statement, which can be found on sttmedia.com/privacy and sttmedia.de/datenschutz.
IX. Applicable Law and Contractual Language
(1) This License Agreement is subject to the law of the Federal Republic of Germany and must be construed in accordance with this law, without giving principles of conflicts of law any effect.
(2) The contractual language and the legal language is German.
(3) The exclusive jurisdiction for all disputes arising out of or in connection with the Software and this License Agreement is the competent court of the city of Bottrop, Germany, if you are a merchant, a legal entity under public law or a special fund under public law or your residence or your habitual residence is not in Germany or you have transferred your residence or your habitual residence after conclusion of this contract abroad, or in the case that your residence or habitual residence is not known at the date, the complaint is filed.
(4) Excluded is the applicability of statutory conflict rules and the Agreement between the United Nations Convention on Contracts for the International Sale of Goods. The application of these provisions is explicitly excluded.
(5) With respect to the interpretation or construing of this License Agreement, particularly in cases of conflict, only the German version of this License Agreement is valid. This applies, even if Stefan Trost Media has provided a translation into another language. Translations into another language are only a service for Users which are not German-speaking.
X. General Provisions
(1) This License Agreement contains the entire contract between the contracting parties concerning the subject matter hereof and replace all previous versions of this License Agreement.
(2) If provisions of this License Agreement are found void or unenforceable in whole or in part or provisions of this License Agreement will lose their legal effect or feasibility, the validity of the remaining provisions of this License Agreement are not affected. The same applies to loopholes in this License Agreement.
(3) Not exercising or not immediately exercising a right or an appeal from this License Agreement does not constitute any renunciation of the corresponding right or appeal or of other rights or appeals.
(4) The partial enforcement of rights or appeals does not rule out a further enforcement of rights or appeals or the enforcement of additional rights or appeals.
(5) The rights and the appeals resulting from this License Agreement are cumulative, not alternative.
(6) A company-law relationship or a joint venture is not justified by this License Agreement. A sales representative relationship does not arise due to this License Agreement. No party is accredited or in another way authorized to bind the other party by contract or to conclude contracts on behalf of the other party.
(7) For the purpose of contract compliance and thus to provide the contractually performances owed by Stefan Trost Media, Stefan Trost Media can also make use of third parties.
(8) Unless the User does not object, Stefan Trost Media is entitled to use the Custom Software created for the User as well as the company name of the User including company logo as a reference.
(10) Please send your questions, messages or notifications to us via the contact forms on sttmedia.com/contact or sttmedia.de/kontakt or to the postal address stated in the imprint of sttmedia.com and sttmedia.de.
(11) The validity of this License Agreement commences on the date on which the User has agreed to the License Agreement by the possibilities mentioned above.
© Stefan Trost Media 2003-2017