On our website, we offer you format templates for the products that can be ordered from us. On the condition that you accept the following EULA and the corresponding Data Protection Regulations, we guarantee you a non-exclusive, non-transferrable licence for the use of the format templates provided.

End User Licence Agreement (EULA) for InDesign plugin

Important note: Read this EULA through carefully and make sure that you have understood it before you accept the conditions of the EULA. Only when you accept this EULA will Flyeralarm grant you a licence for the software defined below. You accept the EULA by clicking on the ”Accept” button. When you accept this EULA, a legally effective agreement will arise between you, if you are the user, or between your company, if you are a business person, and Flyeralarm GmbH.
If you do not want to accept this EULA, please click on ”Deny”
Please also note that as well as this EULA, the goods ordered from the program will also be subject to the General Terms and Conditions and the Data Protection Regulations of Flyeralarm GmbH.
This EULA is valid alongside the currently valid versions of FLYERALARM's General Terms and Conditions and Data Protection Policy. These can be viewed at www.flyeralarm.com.

Definitions:

• Adobe - refers to Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland


• FLYERALARM - refers to FLYERALARM GmbH, Alfred-Nobel-Str. 18, 97080 Würzburg


• Computer - refers to any device that can process data by means of a programmable calculation rule.


• Data Protection Policy - refers to the Data Protection Policy of FLYERALARM, the currently valid version of which can be retrieved at www.flyerlarm.com.


• Documentation - refers to the written declarations for the Software both in the Software itself and on the FLYERALARM website.


• Format template - refers to the templates provided by the Software which are installed on your computer using the InDesign plugin.


• Terms and Conditions - refers to the General Terms and Conditions of FLYERALARM GmbH. These can be retrieved at www.flyeralarm.com. The General Terms and Conditions apply alongside this EULA and supplement it.


• Customer - refers to a user within the meaning of § 13 of the BGB (German Civil Code) and/or a business person within the meaning of § 14 of the BGB.


• Licence - refers to your right to use the Software pursuant to this EULA. The licence determines the nature and extent of your right to use the Software. If an update is made available for the Software, the licence also extends to cover the update which has been made available.


• Licensee - refers to the person who installs the software provided by FLYERALARM with acknowledgement of this EULA.


• Software - refers to the InDesign plugin made available by FLYERALARM, including all updates made available by FLYERALARM.


• Updates - refers to new versions of the Software.

PROPERTY RIGHTS

The Software is protected by national and international copyright laws. FLYERALARM owns and reserves all rights, the ownership and all claims to the Software, including all copyrights, patents, operational and business secrets, brands and any other intellectual property rights. This EULA does not transfer to you any ownership of the Software. In particular, you do not acquire any rights to the source code of the Software. This protection also applies to the documentation for the Software.

LICENCE

FLYERALARM grants you a non-exclusive, non-transferable licence to use the Software, subject to any limitations included in this EULA or in the Terms and Conditions. The Licence refers exclusively to the executable object code of the Software. It also includes the right to receive updates if and when these are offered. There is no time limitation for use of the Software. It is not necessary to obtain a licence key. You may install the Software on as many computers as you wish.

CONDITIONS OF USE

(1) The Licensee undertakes not to carry out any translation, disassembly or reverse engineering with regards to the Software, unless this is permitted according to § 69e of the German UrhG (copyright act). The Licensee undertakes not to make the downloaded Software generally accessible.
(2) If the Licensee receives the Software as a new major version or as a corrected version of an earlier version of the same or another product (update), or if a software licence is converted into a licence for another software containing the original licenced Software (upgrade), then the new licence is granted in the place of the earlier licence. The installation and use of a new version in this context ends the licence for the earlier or contained version.
(3) The Licensee undertakes:
a. not to bypass technical limitations of the software;
b. not to decompile the software, unless decompiling is legally allowed. In this case, you are obligated to notify FLYERALARM in advance;
c. not to use or control the software via undocumented invocations or using undocumented parameters;
d. not to use any components of the software to execute applications not executed under the software;
e. not to make the software public, or disseminate it to third parties in any other way;
f. not to rent out, lease or lend the software, unless expressly agreed in writing between the Licensee and FLYERALARM;
g. not to use the software for commercial software hosting services, unless expressly agreed in writing between the Licensee and FLYERALARM;
h. not to change the software in whole or in part or to create derived works that are based on the software in whole or in part.

DELIVERY OF THE SOFTWARE

The Software and the Documentation are delivered exclusively in digital format, either electronically by calling up from the FLYERALARM web pages or by calling up from web pages or programs from Adobe or on a data carrier. All relevant corrected versions are to be called up from the FLYERALARM web pages or from an address shared with the Licensee by FLYERALARM in an appropriate manner.
FLYERALARM will not provide the Licensee with any printed documentation.

GUARANTEE

It is the sole responsibility of the Licensee to ensure a functioning hardware and software environment. The regular ensuring of data security for any IT systems also falls only into the Licensee's area of responsibility.
FLYERALARM provides the software in its actual state and gives no guarantee in terms of the usage or performance of the software. FLYERALARM excludes any other, express, implicit or - as far as possible - legal guarantee of the suitability of the software for a specific purpose. Furthermore, FLYERALARM excludes any guarantee as regards the non-infringement of third parties, receiving a satisfactory quality or the capability of integrating the Software with other products. In particular, FLYERALARM gives no guarantee for the error-free or disruption-free functioning of the software. Furthermore, FLYERALARM gives no responsibility for the Software fulfilling your specific user requirements. Under no circumstances are you entitled to demand the source code for the Software due to defects.
If a third party makes claims against you resulting from a breach of intellectual property rights because of the Software, you are obligated to inform FLYERALARM of this immediately and to make available to FLYERALARM the correspondence between you and said third party regarding this issue.

SUPPORT SERVICES

The Licensee is not entitled to demand to the receipt of support services. If the Licensee has problems in executing the Software, he/she can call the FLYERALARM customer hotline. He/she is also not entitled to claim to technical support through FLYERALARM's customer hotline. The provision of support services lies at the discretion of FLYERALARM.

LIABILITY

FLYERALARM's liability for simple, negligent violations of cardinal obligations (these are obligations whose fulfilment make the execution of the contract fundamentally possible and on adherence to which the contractual partner may regularly rely) is limited to damages that are typical and are foreseeable at the time of completion of the contract. In the case of FLYERALARM violating cardinal obligations through negligence, liability is limited to foreseeable damages that are typical for the contract. FLYERALARM having liability without fault for defects arising from the conclusion of this EULA according to § 536a Para.1 BGB is hereby expressly excluded.
There can be no damage claims resulting from loss of profit or for indirect, special, collateral or consequential damages. There can be no damage claims based on work interruptions, loss of data, failure or erroneous functioning of Computers or for any other damages or losses. FLYERALARM is liable for all damages caused to you due to gross negligence or wilful conduct by FLYERALARM or a culpable damage to life, body or health, for which FLYERALARM has given a guarantee or for which FLYERALARM is liable according to product liability law.
FLYERALARM is not liable for changes you make to the format templates. In particular, FLYERALARM is not liable for any deviations between the design created by you and the print result.

DATA PROTECTION

By concluding this EULA you agree to the Data Protection Policy, retrievable at www.flyeralarm.com, in its currently valid version.

APPLICABLE LAW AND JURISDICTION

If the Licensee is a merchant, the law of the Federal Republic of Germany applies for this contract, however, UN sales law, the conflict of law provisions of international private law and the jurisdiction of Würzburg are excluded.

USE OF TRADEMARKS

All logos, brands and names used are trademarks or registered trademarks of the respective companies and are fully recognised.

MISCELLANEOUS

This EULA and the Terms and Conditions in the sense of the above definition, which are part of this agreement, determine all your rights to use of the Software and form the complete agreement between the two parties. This EULA and the Terms and Conditions invalidate all other communications, guarantees or promotional messages relating to the Software that is the object of this agreement.
Provisions deviating from this EULA or the Terms and Conditions require the written form and the signature of both parties in order to be valid.
The invalidity of individual provisions of this EULA or the corresponding Terms and Conditions does not affect the remaining provisions of this EULA or the Terms and Conditions. The rest of the provisions remain fully effective. An invalid provision is to be interpreted so as to reflect the original intention of the provision.