Sunteți pe pagina 1din 4

End User License Agreement for MAGIX Products

1. Definitions

The following definitions shall apply to this license agreement:

1.1 "MAGIX Product" refers to the product licensed under this agreement, consisting
of Software and, if applicable, additional Contents.
1.2 "Software" refers to the computer program in object code format contained
within a MAGIX Product, including all updates and upgrades, with the exception of
provided Contents.
1.3. Within this agreement, "Contents" refers to those Contents which are included
in a MAGIX Product in addition to the Software, such as music files, video files
and photo files, as well as other sounds and templates that contain such files.
1.4 "Computer" refers to any physical or virtual device that can process data with
the assistance of a programmable calculation specification (e.g. PC, laptop,
workstation, an instance of a virtual machine, etc.) in conjunction with a CPU or
multi-core processor. The following applies to networks: if several network
Computers have access to a server on which the MAGIX Product is installed, each of
these network Computers (workstations) counts as a Computer for the purpose of this
license agreement. In such a case, a separate license is required for each network
Computer.
1.5 "Upgrades", for the purpose of this agreement, are supplementary versions of a
MAGIX Product.
1.6 "License seat" refers to the license assigned to a specific Computer belonging
to the customer following activation of the MAGIX Product.
1.7 "Commercial Use", for the purpose of this agreement, means any commercial use
and any use of the Software or Contents for the direct or indirect purpose of
financial benefit (e.g. by means of sale, licensing, advertising, etc.).

2. Contract purpose

2.1 Subject to the conditions of this agreement and for the duration of this
agreement, MAGIX grants you (the customer) the non-exclusive and non-transferable
right to use the respective MAGIX Product on the number of Computers specified in
the serial number. MAGIX retains ownership, copyright and other proprietary rights
related to the Software. You (the customer) acknowledge MAGIX's ownership as well
as all proprietary rights to the Software, backup copies and documentation. The
buyer of the Software is solely responsible for the proper contractual use of the
MAGIX Product.

2.2. With regard to upgrades, the following applies: Only owners of the basic
product are authorized to receive each upgrade. Use of an upgrade depends on you
being the owner and user of the basic product. An isolated circulation of an
upgrade to third parties is not permitted.

2.3 With regard to updates and features delivered within the scope of the MAGIX
update guarantee, the following applies: The license for updates and features
delivered within the 12 months after initial registration of the MAGIX product is
limited to the installation(s) in place at the point when the 12-month period
expires. If the update guarantee is extended beyond the 12-month period, this
limitation does not apply.

3. Installation and Registration

3.1 Together with the MAGIX Product you will receive an individual serial number
which you must enter during installation. A one-time registration as well as online
activation are also required. Using the serial number, you can activate the MAGIX
Product for the number of Computers specified in the serial number; each Computer
will be assigned a license seat. If the number of license seats specified in the
serial number is exceeded, a license seat must be deactivated in order to activate
the product again.

3.2 If a function requires a free or fee-based activation (e.g. codec activation),


then it can be activated over the Internet, should this become necessary due to
replacement of hardware / CPU.

4. License verification

Some MAGIX Product licenses have to be validated periodically. This ensures that
the original Software is being used and that it is being used according to the
license terms and conditions. This requires an Internet connection.

5. Using the Software and Contents for commercial purposes

5.1 Software
In principle, the Software may be used for commercial purposes. The only exception
to this is the product "Web Designer" (not "Web Designer Premium"), which may only
be used for non-commercial purposes.

5.2 Contents
a) In principle, the Contents - with the exception of Live Sets - may only be used
for non-commercial purposes. This also applies to music, video or photo data as
well as the corresponding templates acquired through or by means of MAGIX Products.

b) The Contents included with the products "Web Designer Premium" and "Photo &
Graphic Designer" may be used used for commercial purposes within the scope of a
website or the creation/editing of one's own photos and graphics. A transfer to
third parties for commercial purposes (e.g. within the scope of contractual work)
is not permitted.

c) Exploitation of Contents outside the scope of personally created work, i.e.


separate from the work results achieved with the Software, is prohibited in all
cases. In particular, the photos contained in the templates may not be extracted
and used separately. This applies to both commercial and non-commercial uses.

6. Prohibition to copy and rent; amendment prohibition

6.1 You are prohibited from copying the MAGIX Product and the written documentation
either partially or in its entirety. Creation of a Software copy for back-up
purposes is excluded from this provision.

6.2 The MAGIX Product as well as the written documentation cannot be commercially
rented out or commercially lent in any other form to a third party in exchange for
payment. This also applies to lending of the Software in a pre-installed form on a
Computer that is commercially offered to third parties in exchange for payment.

6.3 In accordance with §§ 69d & e UrhG (German Copyright Act), you may not make any
changes to the licensed Software, personally or by third parties. You may not
disassemble the Software into its components, nor modify the object code, decode,
copy or use it in any way other than that foreseen in the contract.

7. Transfer and subsidiary agreements

The transfer of rights and obligations under this license contract to third parties
is only permitted on authorization from MAGIX with the exception of personal
transfer of the legally acquired MAGIX Product by the rightful owner. Transfer of a
legally purchased MAGIX product in this manner requires that all authorized backup
copies are destroyed, all installations are removed, and that the third party
agrees to these license terms and conditions.

8. Guarantee and liability

8.1 You are aware that state of the art Software programs and associated
documentation may contain errors, and that it is not possible to develop data
processing programs in such a way that they are error-free for all application
conditions and all customer requirements, or error-free in conjunction with all
third-party programs and hardware. MAGIX provides no assurances of particular
features and usability related to planned customer-specific applications.

8.2 In case of paid products and services, MAGIX is only liable to slight
negligible damages incurred by it or its assistant(s) if a duty is violated, even
if it is extra-contractual, the adherence to which is of special importance in
order to be in compliance with contractual use (Cardinal duty), as well in cases of
damage to life, body and health.

8.3 For non-observance of a cardinal obligation, the liability is limited to the


damage which must be typically expected within the scope of this agreement if there
is no intention or gross negligence or if MAGIX must incur liability because of
fatal injury, physical injury or health hazards.

8.4 MAGIX shall not be liable for damage which can be controlled by the other
contracting party or which the other contracting party could have prevented by
taking measures which can be reasonably expected. MAGIX is liable for data loss
only to the extent of costs incurred during restoration if backups are available.

8.5 In any event, MAGIX's liability is limited to four times the amount paid for
the license fee by the customer. This exclusion does not apply to damage caused
through intent or gross negligence on the part of MAGIX.

8.6 In case of paid products and services, the guarantee against deficiency in
material and defects in title is limited to fraudulent concealment of defects by
MAGIX in consideration of free licensing of the product. Otherwise, liability of
MAGIX is limited to instances of premeditation and gross negligence in
consideration of the free licensing.

8.7 Statutory liability in case of personal damages and damages pursuant to the
Product Liability Act remains unaffected.

8.8 A change in the burden of proof to the disadvantage of the customer is not
related to the foregoing provision.

8.9 Insofar as MAGIX Products contain functions that operate via an online server,
MAGIX retains the right to end the offering at any time. Availability will not be
guaranteed.

9. Licence conditions of other manufacturers

If the MAGIX Product contains additional Software from other manufacturers, should
additional Software be integrated, or should the MAGIX Product contain links to
third parties, then compliance with the terms of use and license conditions of the
manufacturer of said delivered additional Software or with the terms of use and
license conditions of the third party is also compulsory. If the MAGIX Product
contains additional Software, you can view the respective use and licensing terms
in the corresponding file.

10. Support
MAGIX offers electronic Internet support during the warranty period. This
encompasses clarification of installation questions and installation problems by
Internet or email. The rendering of support is at the sole discretion of MAGIX and
is not connected with any guarantee or warranty.

11. Other

11.1 This agreement constitutes the entire agreement of the parties regarding the
contract purpose. Collateral agreements shall not exist. No verbal or written
statements made by MAGIX or any MAGIX employee can alter or question the validity
of this license agreement.

11.2 Should one or more of the conditions in this agreement be or become invalid,
this will not affect the validity of the remaining agreement. A substitute
provision will replace the invalid condition, such as comes closest to the intended
purpose. The contract is subject to the law of the Federal Republic of Germany.

S-ar putea să vă placă și