Licence Conditions

The Licence Conditions are acknowledged by activating the installation.

1. Rights of Use and Obligations of the licensee
Upon conclusion of the contract for the delivery/downloading of software (irrespective of the storage medium) the Customer is granted a non-transferable, non-exclusive right of use in the contractual software, which is limited to the use described below. All rights of use not explicitly listed there shall remain with e-sells GmbH & Co. KG as the owner of all copyright and property rights.

2. Exploitation
Upon delivery the Customer acquires the right to use the software delivered to him within the scope of the contract (number of acquired licenses: 1) on a standalone computer. Most software updates will be free of charge,major Version changes will apply a fee. The User will be notified via email. The Customer has to provide Password safety and is not allowed of further use of expired test versions and its templates, HTML code ( even code fragments) or graphical elements. The Customer has to provide his valid email to e-sells GmbH & Co. KG in order to obtain Softwareupdate notifications.

The Customer undertakes to use the software for his own purposes only and not to make it available to third parties free of charge or in return for payment. Under each license the software may only be used by one person on one computer and not simultaneously on two or more computers, irrespective of whether it is used by the same or different persons.

The Customer shall be entitled to install the software on a hard disk and use it and make a backup copy of the original which may not be used at the same time as the original version. If the contract is for a network version/multiple-user license, the Customer shall be entitled to use the software simultaneously on one or more computers with more than one person at any time in accordance with the contractual agreement. An additional one Time only License Fee will be charged if (Re-activation, Re-Licensing) is necessary (USD 49.90)

3. Obligations of the licensee
The Customer shall not be entitled to make copies of the software unless the copies are made for data backup purposes and are actually only used for that purpose. In addition, he may not reproduce the software parts, supplied pictures, the manual, accompanying texts, or the documentation belonging to the software, by photocopying, microfilming, electronic storage or by other methods. He may neither market nor rent out the software and/or the associated documentation, grant sublicenses for it to third parties or make the latter available to third parties in any other way.

3.1. The Customer shall not be entitled to pass on to third parties access codes and/or passwords for the product or for database accesses that are associated with the product. The Customer shall not be authorized to partially or wholly change, modify, adapt, or decompile the software and/or the associated documentation and will be subjected to prosecution. Also the Customer shall not be allowed to change the owner’s copyright notices, marks/trademarks and/or property information concerning programs or the documentation.

4. Warranty
This software is provided “AS IS,” without a warranty of any kind. All express or implied conditions, representations and warrenties, including any implied warranty of merchantability, fitness for a partcular purpose or non-infringement, are hereby excluded.

e-sells GmbH & Co. KG shall not be liable for any damages suffered by licensee as a result of using, modifying or distributing this software or its derivatives. In no event e-sells GmbH & Co. KG will be liable for any lost revenue, Profit, data or direct, indirect, special, consequential, incidental or punitive damages, however caused and regardless of the theory of liability, airsing out of the use of or inability to use this software, even if e-sells GmbH & Co. KG has been advised of the possibilitiy of such damages. Future Version support or further development may not be supported. Compatibility for Future Operating Systems may not be supported.

The Customer is responsible for any event resulting in using this Software.

5. Validity
Validity of the Contract is stated on e-sells´ Homepages http://www.isquitch.com and http://www.isquitch.de.

6. Severability sentence
This Agreement may not be altered, amended or modified except in writing signed by the duly authorised representatives of the parties.

 
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