STOLL-artwork® End User License Agreement (EULA)

End user license agreement
between KM.ON GmbH, Carl-Benz-Straße 21, D-60386 Frankfurt am Main (hereafter Licensor) and you as the Licensee (either a natural person or legal entity)

STOLL-artwork® EULA

Preliminary Remarks

The Licensee is interested in using STOLL-artwork® Photoshop Extension on his behalf or in his own company. For this reason, the Licensor and Licensee agree to the following licensing agreement for the use of the STOLL-artwork® Photoshop Extension.

§ 1 Licensed Object and Scope of Use

1. Licensed Software = STOLL-artwork® Photoshop Extension, installation instructions and a program description where applicable.
2. The Licensor shall grant the Licensee a non-exclusive, non-transferable right, which shall also exclude sub-licensing, to use the KM.ON software with the following general conditions. The Licensor shall make the licensed program in electronic form available on the Licensee's host. The licensed material shall furthermore include a description of the program part. In case the program part is provided for own installation and activation, installation and activation instructions shall also be provided in electronic form. The licensed program, the installation instructions and the description of the program part will hereafter be designated as the Licensed Software. The parties are in agreement that the Licensed Software shall enjoy copyright protection and a corresponding indicator of copyright status shall appear on the screen upon software startup. Any use exceeding the provisions of this contract or disposal shall be excluded.
3. The processing of any data received by the program, in whole or in part, permanently or temporarily, shall be considered as use. The allowed use shall include the installation and storage of the software on the host's RAM, execution of the program and processing of the data. The Licensor does not grant any rights of use or disposal beyond such. Executing software without a valid license or processing pattern programs that require licensed software without a valid license is expressly prohibited. The Licensor reserves the right of enforcing the possession of a valid license by means of technical measures (e.g. activation code) - even at a later date.
4. Every bypassing of the technical measures for checking the license is prohibited
5. Licensed material transferred in either printed or electronic form, in particular the program description, may only be reproduced with the prior written agreement of the Licensor.
6. All rights to any reproductions of the Licensed Software made by the Licensee or third parties shall remain with the Licensor.
7. The Licensee shall not be permitted to change or supplement the Licensed Software.
8. The Licensee shall not be authorized to distribute reproduced units of the Licensed Software in its original version or in modified or processed editions.
9. In case of attacking and cloning the cryptographic information coming with machine embedded or external dongles to enforce the possession of a valid license, the Licensor is able to detect the originating dongle. The Licensor reserves the right to blacklist such cryptographic information without further notification which will result in a malfunction of the Licensed Software on all hosts connected to the originating and all cloned dongles.

§ 2 Term of Use

1. The grant of the rights of use designated in chapter § 1 of this EULA shall begin with the transfer of the software and the licensed materials to the Licensee and terminate at the date of expiration indicated at purchase.

§ 3 License Compensation

1. For the use of the Licensed Software, a license fee shall be charged. STOLL-artwork® Photoshop Extension will be listed at Adobe Exchange for purchase and download.
2. All compensation shall represent the net price. All legally acquired fees such as: taxes, customs, import fees and all other fees; must be paid by the Licensee. Deductions or accumulations by the Licensor will not be returned. If state fees must be paid by the Licensor in the country where the Licensee will be using the Licensed Software with regard to the compensation or protective fee, the Licensee shall be obligated to pay such for the Licensor and transfer proof of payment to the Licensor within 60 days.

§ 4 Security of the Licensed Software

1. The Licensee must ensure that the Licensed Software will not be abused in their company and the obligation in accordance with chapter § 1 of this EULA will also be observed by their employees and co-workers as well other persons working with the package.
2. Software labeling, in particular the copyright notices, brands, serial numbers or similar, may not be removed, modified or made unrecognizable. The Licensee shall only be authorized to the use of programs or program components from other manufacturers contained somewhat in the Licensed Software or the programs associated therewith if they have accepted the valid license conditions for such.

§ 5 Updates and New Releases, Discontinuation

1. The Licensor shall be prepared to deliver supplements (updates) or new versions (new releases) of the Licensed Software as soon as such shall become available. The Licensee can determine the availability of said updates and new releases on the Licensor's web page. If the Licensee orders an update or new release, the provisions of this contract shall apply for the software transferred therein. Updates or new releases do not extend any guarantees issued for the machine.
2. Updates and new releases shall not be included in the license fee for the initial right of use to the Licensed Software.
3. If a maintenance agreement is concluded, it includes the right of use of Updates and New Releases during the contract duration.
4. The Licensor may require the application of updates before the application of § 7.
5. The Licensor reserves the right to discontinue features and functionality upon prior announcement.

§ 6 Support Services

1. Any support services that go beyond § 7(2) are subject to charge.
2. The Licensee may apply to the Licensor for support services who may submit a quote upon feasibility and resource availability.
3. To the extent of availability, support services may also be covered by signing up a support contract.
4. In order to be able to economically provide support services, the Licensor may require remote access via Internet to the target systems. The Licensee has to provide the technical preconditions and secured channels to enable such remote access.

§ 7 Liability for Defects

1. The contractual parties are in agreement that, at the modern level of technology, programs cannot be developed such that they will run free of errors in all application conditions. The Licenser shall provide the Licensee with an up-to-date program description for the Licensed Software that specifies the proper use and the operating conditions of the programs. Guarantees will not be accepted by the Licensor.
2. The Licensor shall ensure that the Licensed Software is usable in the spirit of the valid description of the program provided to the Licensee at the time of delivery. Insignificant reductions in the usability shall remain unconsidered. They shall further more ensure that the data media in use will be free from material and manufacturing defects and that the data on them has been recorded properly. To the extent that the Licensee will be operating the Licensed Software in connection with hardware or software products that did not originate from the Licensor or are not included in the specifications published by the Licensor for the hardware, the Licensee shall be obligated to bear the burden of proof that any error found is being caused by the Licensed Software.
3. If the Licensed Software proves to be unusable or defective in the spirit of Paragraph (2), a replacement delivery against the return of the defective software shall be guaranteed. Should the software delivered as replacement prove to be unusable or defective and the Licensor does not succeed in manufacturing the usability or correcting the error within an appropriate term, the Licensee may withdraw from the contract. The Licensor shall return the compensation against the return of the software.
4. Deeper liability for defect or performance of guarantee, in particular for the data or Licensed Software corresponding to the requirements and purposes of the Licensee shall be excluded. Claims of damages on the part of the Licensee due to defects in the Licensed Software shall be excluded to the extent not otherwise regulated in § 8.
5. The expiration of the term for the claims of damages by the Licensee shall amount to twelve months starting with the delivery of the Licensed Software to the Licensee or its download by the Licensee.

§ 8 Liability Limitations

1. To the extent not otherwise agreed upon in the license contract, claims for damages and claims for the compensation of expenditures of any type on the part of the Licensee shall be excluded regardless of the legal bases (hereafter Claims for Compensation of Damages in toto). For this reason, the Licensor shall not be liable in particular for lack of economic success, lost revenues, direct damages and consequential damages and for damages arising from the claims of third parties.
2. The exclusion of liability in accordance with Paragraph (1) shall not apply for damages from the endangerment of life, limb or health, which touch upon breach of obligation for which the Licensor should be responsible at the culpable level at least or for obligations of the Licensors at the negligent level, or their legal representatives or vicarious agents. The liability shall be limited to the typically damages foreseeable upon conclusion of the contract as well as double the usage fee taken from the Licensee.
3. In case that the hardware hosting the Licensed software is originating from the Licensor, operating other software products that do not originate from the Licensor on the data processing device or operating other hardware products on interfaces that are not publically provided by the Licensor is expressly forbidden without the explicit consent of the Licensor. To the extent that the Licensee will be operating such software or hardware products on any kind of hardware, the Licensee shall be obligated to bear the burden of proof that any error found is being caused by the Licensed Software.
4. To the extent that the liability of the Licensor has been excluded or limited such shall also apply for the personal liability of their employees, co-workers, representatives and vicarious agents.

§ 9 Final Provisions

1. Agreements, modifications and supplements to this license contract including this clause requiring the written shall require the written form to be legally effective.
2. If individual provisions of this license contract are, or become, ineffective, the contract should remain valid for the remainder. The parties shall be obligated in such cases to collaborate in the creation which will target the replacement of the ineffective provision with a legally effective result coming as close as possible to the economic intent.
3. This license contract between the Licensor and the Licensee shall be subject to German law. The location of fulfillment of business transactions with business people shall be Reutlingen, Germany.
4. All disputes that result from or in connection with this contract or regarding its validity shall be ultimately decided according to the rules of arbitration of the Deutschen Institution für Schiedsgerichtsbarkeit e.V. (DIS, German institution of arbitration) under the exclusion of the proper legal path. The location of the arbitration procedures shall be Stuttgart, Germany. The number of judges shall be three unless the parties amicably agree to one person who should make decisions as sole arbitrator.