End-User License Agreement
*IMPORTANT - READ CAREFULLY BEFORE INSTALLING AND USING THIS PRODUCT*
This license agreement (the “Agreement”) is a legally binding contract between you (“The Customer” or “Licensee”) and Stefan Harms, Hamburg, Germany (“The Licensor”) and applies to your use of this software or associated website offered by the Licensor. By clicking "I do accept the license agreement" or a similar affirmation as it appears below, you acknowledge and agree that your use of this program and any related products or services made available to you will be governed by this agreement.
The use of this Family Book Creator software and/or other content, whether electronic or otherwise included with this license agreement ("Product") is subject to the terms and conditions set below. You represent that you are at least 18 years of age. If you do not agree to the terms and conditions of this agreement, you must not download and install the software and you must destroy any copy in your possession.
The software is protected by copyright laws and laws about intellectual property. The software is not sold, but the Licensee gets the permission to use the software with the restrictions of the respective license:
§ 1 Definitions
- Computer means a desktop or portable computer (such as a notebook or netbook) capable of running the Software.
- Software means the contents of all files provided via electronic download, physical media (such as CD-ROM or USB flash drive). This includes the application files; extensions for third-party applications; upgrade and update files; license key files; documentation; promotional and training materials; and any other files the Licensor may provide.
- Update means a new version of the software that adds minor new features and/or corrects errors in the program. Updates increment minor digits of the version number.
- Upgrade means a new version of the software that changes the feature set. Upgrades increment the major digit of the version number.
- License Key means the data provided to unlock the full capabilities of the software, comprising the user name, organization name, license key code, and for Site Licenses an expiration date.
- Use means to install or run the Software or access any of the materials listed above.
- Site License means a rental agreement for the Software, allowing the other party to make the Software available to specific groups of users.
- Books or Documents according to this licensing agreement are family book representations created with the help of Family Book Creator and printed or saved into files.
§ 2 Software License
- This is a limited, nonexclusive license.
- This license is valid indefinitely (without an expiration date), unless it was provided under a Site License, in which case the license is valid until the expiration date in the License Key.
- For licenses without expiration dates, the license entitles you to free Updates. For licenses with expiration dates, the license entitles you to free Upgrades and Updates until the expiration date.
- This license can be terminated by the Licensor for good cause. The license can also be terminated by either party, or if the license period ends.
- There are different licenses for different purposes:
The software may be used privately for evaluation purpose only. It is not allowed to share any documents created with this software during the evaluation period. The user is entitled to try the software as an evaluation for a limited period of time and free of charge, if he complies with the regulations of this license agreement. This license allows you to test the Software on multiple computers. The software may not be used commercially. The Evaluation License has some limitations: The software operates only for a limited period of time (Right now 30 days after installation.); only the data of seven families are shown; every page contains a watermark on the background.
The software may be used only privately for the personal requirements of the Licensee and of the relatives living in the same household. The production of family books ("Books") for other relatives is also part of the personal use, but only if these family books are not ordered or sold. The software may not be used for commercial purposes or for creating family books which are distributed commercially.
The software may be used commercially in your company at a single location. You have no right to supply the software to any third parties or to issue sublicenses. The software may only be installed on servers which are accessible exclusively to employees of the Customer. The use of the software within the framework of a network is not permitted. The software may be used for commercial purposes or for family books ("Books") which are distributed commercially. Nobody is allowed to use the software privately.
§ 3 Privacy
- The Licensee acknowledges that the Licensor must collect some personally identifiable information in order to issue a Personalized License Key. This personally identifiable information comprises: the user's given and last names; the user's e-mail address and the user's postal address if provided while ordering. Your information will not be shared with any third parties under any circumstances, except with law enforcement officials as required by law, or as you explicitly request.
- We may communicate with you proactively in matters regarding your license, but will not use your information for advertising or other purposes, except as you explicitly request.
- You acknowledge that the Software may connect to our servers to check for updates to the Software.
§ 4 Restrictions
- You may not modify, adapt, translate, or create derivative works of the Software.
- You may not reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software, except as is expressly permitted by law.
- You may not attempt to circumvent any of the encryption methods employed by the Software.
- You may not use the Software to facilitate the violation of other parties’ copyrights, such as by, but not limited to, distributing information downloaded from an information provider with individuals not entitled to use that information.
§ 5 Transfer
- You may not give away, gift, rent, lease, sublicense, assign, or otherwise transfer your rights to the Software or Personalized License Key.
- The licenses aren't transferable; it is not allowed to sell them.
§ 6 Ownership and Rights
- The Software is protected by the copyright laws of Germany, the European Union and other countries, and by international treaty.
- We or our licensors, respectively, are and remain the owner of all titles, rights, intellectual property, and any other interests in the Software. Except as expressly granted in this agreement, you are not granted any intellectual property rights in the Software.
§ 7 Warranty
- The Licensor. has endeavored to ensure that the Software does not contain any backdoors or content to intentionally harm the Licensee.
- The Licensor does not guarantee that the Software corresponds with its description in any advertising, marketing or other documentation howsoever published by it, its servants or agents or by third parties about the Software.
- The Licensor does not guarantee that the Software is merchantable and fit for the purpose for which the Licensee has contracted this agreement and the use of the Software nor that it will meet the Licensees requirements.
- The Licensor does not guarantee that the Software is free of defects and that its use or operation will be error-free and free of interruption or down time.
§ 8 Limitation of Liability
- You acknowledge that due to the multitude of combinations of hardware and operating systems, the Software cannot work fully and flawlessly on all system configurations. For this reason, we provide remedies in the form of regular Updates at no cost.
- The liability of the Licensor, including its employees and agents, is fundamentally limited to malicious intent and gross negligence. The Licensor accepts no liability for loss due to malfunction, failure, or limitation of performance, if caused by the user. For breaches of material contractual obligations on the part of the Licensor, whose compliance is essential for due performance of the contract, a violation of which prevents fulfillment of the purpose of the contract, and on the adherence to which the buyer may rely as a matter of course, then the Licensor may be liable even in cases of ordinary negligence.
- The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.
- General risks such as infection by viruses (or other malware) or access to the computer by a third party are carried by the user, provided that the Licensor cannot be accused of gross negligence or deliberate violation of due diligence. You are required to take all reasonable measures to avoid and reduce damages, in particular to make backup copies of your computer data.
- The Licensor shall be liable only up to damages as typically foreseeable and customary.
§ 9 Governing Law
- This agreement is governed by and construed in accordance with the laws of Germany, excluding conflict of law principles of international private law as well as the United Nations Convention on Contracts for the International Sale of Goods.
- The parties agree that for all disputes arising from this agreement, the exclusive venue shall be the competent courts in Hamburg, Germany.
§ 10 Survival
- If any provision of this agreement is found void and unenforceable, it will not affect the validity of any other provision of this agreement, which shall remain valid and enforceable according to its terms. The unenforceable provision shall be replaced with an enforceable provision which comes as close as possible to the intended purpose.
Effective: April 13, 2014