IMPORTANT!

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONCLUDING A CONTRACT.

A legally binding licence agreement is concluded between you and us (SonicWorld Plugins, Jean Hund, Tulpenweg 4, 76571 Gaggenau, Germany, mail@sonicworldplugins.com).

By installing, copying or otherwise using the Software, you agree to be bound by the terms of this EULA. This EULA constitutes the entire agreement between you and us regarding the Software and supersedes all prior agreements between the parties. If you do not agree to the terms of this EULA, please do not enter into a contract and, in particular, do not install or use the Software. Please note that the Software is protected in particular by copyright law (including corresponding international agreements on their validity and enforcement) and other laws for the protection of intellectual property.

§ 1 Subject of the contract

You acquire the rights of use to the Software described in more detail in this Agreement. The source code of the software is not part of the contractual subject matter.

The quality of the software is defined conclusively by the specification of performance available at the time the contract is concluded.

§ 2 Extent of the rights of use

Upon full payment of the agreed price, we grant you a single, non-exclusive, perpetual, irrevocable and - subject to any provisions to the contrary in this contract - non-transferable right to use the software to the agreed extent with regard to the number of licences. The software is intended for use in the country in which you are domiciled.

In the case of a licence for test purposes, the right of use is limited to the agreed test period.

Please note that there may be ‘NFR versions’ of the software (Not for Resale). These versions are marked accordingly. They are intended exclusively for demonstration, testing and evaluation purposes. Transfer of the rights of use or resale of a NFR version is not permitted.

You may only use the Software for your own internal purposes (including the internal purposes of affiliated companies), operating the Software in a data centre for third parties or making the Software permanently or temporarily available (e.g. as application service providing) for companies other than affiliated companies is only permitted with our prior written consent. Commercial re-rental is generally prohibited.

Duplication of the Software is only permitted to the extent that this is necessary for use in accordance with the contract. You may make backup copies of the Software to the extent necessary in accordance with the rules of technology. Backup copies on movable data carriers must be labelled as such and provided with any copyright notice of the original files. In the case of a purchase via a download, you are entitled to copy the Software onto a data carrier when passing it on in accordance with § 6. Otherwise, the right to the online copy is exhausted in the same way as if you had received the Software on a data carrier.

You are only authorised to make changes, enhancements and other modifications to the Software to the extent permitted by law.

You are only authorised to decompile the Software to the extent permitted by law.

§ 3 Protection of Software and Application Documentation

Unless you have been expressly granted rights by agreement, all rights to the Software - in particular copyright, rights to or in inventions and technical property rights - shall be held exclusively by us. This also applies to any modifications made by us. Your ownership of any data carriers of such copies shall remain unaffected.

You shall store the Software provided carefully in order to prevent misuse.

You are not permitted to change or remove any copyright notices, labelling and/or control numbers or symbols of the licensor. If you modify or edit the Software, these notices and labels must be included in the modified version.

If you transfer data carriers, memory or other hardware on which the Software is stored (in whole or in part, unchanged or modified) (i) to third parties without transferring it in accordance with the following provisions or (ii) give up direct possession of the Software, you shall ensure that the stored Software is completely and permanently deleted before doing so.

§ 4 Passing on of the Software

You may only transfer the Software to a third party as a whole and with the complete and final surrender of your own use of the Software. The temporary or partial transfer of use to third parties against payment or free of charge is prohibited.

§ 5 Own obligations

You have informed yourself in advance about the key functional features of the Software and bear the risk that it fulfils your wishes and requirements. You are solely responsible for setting up a functional hardware and software environment that is sufficiently dimensioned to bear the additional load of the software.

Before using the Software productively, you must test it thoroughly to ensure that it is free of defects and can be used in your existing hardware and software configuration.

Furthermore, you will observe any instructions for the installation and operation of the Software and will regularly inform yourself about current instructions via the Internet and take these into account during operation.

In addition, you will take appropriate precautions in the event that the Software does not work properly in whole or in part (e.g. through daily data backups, fault diagnosis, regular checks of data processing results).

§ 6 Updates

We may from time to time, at our own discretion, provide updates for the Software for download. However, we are not obliged to do so and may, at our own discretion, offer any updates - provided they do not fix defects - for a fee. You are not obliged to install such an update.

§ 7 Liability

(1) In all cases of contractual and non-contractual liability, we shall be liable for damages and reimbursement of wasted expenditure exclusively in accordance with the following limits:

a) in the event of wilful intent in the full amount, as well as in the absence of a characteristic for which we have guaranteed;

b) in the case of gross negligence, only to the amount of the foreseeable damage that was to be prevented by the breached obligation;

c) in other cases: only for breach of a material contractual obligation if this jeopardises the purpose of the contract, but always only in the amount of the foreseeable damage.

d) in addition, insofar as the Licensor is insured against the damage incurred, within the scope of the insurance cover and subject to the condition precedent of the insurance payment.

(2) The limitations of liability under Clause 1 shall not apply to liability for personal injury and liability under the German Product Liability Act.

(3) We reserve the right to plead contributory negligence.

§ 8 Final provisions

(1) The exclusive place of jurisdiction for all disputes arising from and in connection with this Agreement shall be our registered office, provided that you are a merchant ("Kaufmann") within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law. Any applicable national mandatory provisions shall remain unaffected. We are also entitled to have jurisdiction at your place of residence or business. The right of both parties to seek interim legal protection before the competent courts in accordance with the statutory provisions shall remain unaffected.

(2) German law shall apply exclusively, to the exclusion of the provisions of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).

(3) Any subsequent amendments and supplements to the Agreement must be made in writing in order to be valid. This also applies to any amendment to this clause. No verbal subsidiary agreements have been made.

All declarations by the parties must be made in writing to be valid.

(4) Should a provision of this Agreement be or become invalid, contain an inadmissible deadline provision or a loophole, the legal validity of the remaining provisions shall remain unaffected. Insofar as the invalidity does not result from a violation of §§ 305 ff. German Civil Code (BGB)(validity of general terms and conditions), the invalid provision shall be replaced by a valid provision that comes as close as possible to the economic intentions of the parties. The same applies in the event of a loophole. In the event of an invalid term, the legally permissible term shall apply.