License


Extended Commercial License

For personal use on an unlimited number of personal projects that are not used or distributed in any commercial manner; and with respect to any number of commercial Works, with no limit on sales or views.

Except as expressly permitted under this Agreement, you will not:

(a) make any copy of the Product except for archival or backup purposes;

(b) circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of the Product;

(c) hack, reverse engineer, decompile, disassemble, modify or create derivative works of the Product or any part of the Product;

(d) publish, sell distribute or otherwise make the Product available to others to use, download or copy;

(e) transfer or sub-license the Product or any rights under this Agreement to any third party, whether voluntarily or by operation of law;

(f) use the Product for any purpose that may be defamatory, threatening, abusive, harmful or invasive of anyone’s privacy, or that may otherwise violate any law or give rise to civil or other liability;

(g) misrepresent yourself as the creator or owner of the Property;

(h) remove or modify any proprietary notice, symbol or label in or on the Product;

(i) directly or indirectly assist, facilitate or encourage any third party to carry on any activity prohibited by this Agreement.

End User License Agreement

Copyright © 2020 Krispin Claussen Digital Sales UG (haftungsbeschränkt)

PLEASE READ THIS DOCUMENT CAREFULLY. IT SIGNIFICANTLY ALTERS YOUR LEGAL RIGHTS AND REMEDIES. BY CLICKING “I AGREE” OR DOWNLOADING OR USING THE DIGITAL PRODUCT TO WHICH THIS AGREEMENT RELATES YOU ACCEPT ALL OF THIS AGREEMENT’S TERMS, INCLUDING THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON DAMAGES, USE AND TRANSFERABILITY. IF YOU DO NOT ACCEPT THIS AGREEMENT’S TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE DIGITAL PRODUCT.

This end-user agreement (“Agreement”) is a legally binding agreement between you, the licensee and customer (“you” or “your”), and Krispin Claussen Digital Sales UG (haftungsbeschränkt) (“we” or “us” or “our”) of the digital products (“Products”) that you purchase regarding your rights and obligations regarding those Products and Professional Services.

1. Your Status

In this Agreement, “you” means the person or entity acquiring rights in the Products or purchasing Professional Services. That may be a natural person, or a corporate or business entity or organization.

(a) If you are a natural person then you must be, and you confirm that you are, at least 13 years old. If you are between 13 years and the age of majority in your jurisdiction of residence, you confirm that your parent or legal guardian has reviewed and agrees to this Agreement and is happy for you to access and use the Product or receive the Professional Services.

(b) If you are a corporate entity then: (i) the rights granted under this Agreement are granted to that entity;

(ii) you represent and warrant that the individual completing and accepting this Agreement is an authorized your representative and has the authority to legally bind that you to the Agreement; and (iii) to the extent that one or more of your employees are granted any rights in the Product or to receive Professional Services under this Agreement, you will ensure that your employees comply with this Agreement and you will be responsible and liable for any breach of this Agreement by any employee.

2. Product Licence

Subject to this Agreement’s terms and conditions, we hereby grant you a limited, non-exclusive, worldwide, non-transferable right and licence to (which will be perpetual unless the licence terminates as set out in this Agreement): (a) download the Product; and (b) copy and use the Product. We reserve all rights not expressly granted to you under this Agreement.

3. Licence Scope and Restrictions

(a) Installable Tools

You may purchase one or more licences for the Product. A single licence allows you to install the Product on a single computer at a time for use by a single authorized user. If you are a corporate entity and the authorized employee completing the transaction on your behalf purchases multiple licences, you may choose to store the Product on a single server or shared hard drive for use by a single authorized employee at a time for each licence purchased. Provided that you comply with the restrictions on users set out above, you may use the Product on an unlimited number of projects.

(b) Stock Assets

Subject to the restrictions set out in this Agreement, you may copy, use, modify, adapt, translate, distribute, publicly display, transmit, broadcast, and create derivative works from the Product in works you create (“Works”), which may include things like films, videos, multi-media projects, computer games, models, images, publications, broadcasts, documents, and presentations.

If you are a corporate entity, you may make the Product available for use by your employees in accordance with this Agreement (for example, by storing the Product on a network server).

You may only share the Product with external people or entities where:

  • You are collaborating with the external parties in the creation of your Work and you need to share the Product for that purpose, provided that any external party that receives the Product may only use it in your Work and must secure and limit access to the Product for that purpose;
  • You are working as a contractor for a client in the creation of a Work and need to share the Product with your client, or any external parties working with your client, provided that your client and any such external parties may use the Product only for your client’s Work, and all parties secure and limit access to the Product for that purpose.

For any other use of the Product by any other party, that party must purchase a licence to the Product.

In addition to any other restrictions in this Agreement, you will not:

  • publish, sell, license, offer or make available for sale or licensing, or otherwise distribute the Product except as part of a Work or through a form of sharing that is authorized in this Agreement; or
  • publish, distribute or make available the Product through any online clearinghouse platform.
Further Specific Terms

In addition to the restrictions set out above, the following terms and conditions apply to the following forms of commercial licences for the Product:

Extended Commercial Licence

If you have purchased an Extended Commercial licence then you may exercise your rights under that licence:

  • for personal use on an unlimited number of personal projects that are not used or distributed in any commercial manner; and
  • with respect to any number of commercial Works, with no limit on sales or views.

4. Additional Restrictions

Except as expressly permitted under this Agreement, you will not:

(a) make any copy of the Product except for archival or backup purposes;

(b) circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of the Product;

(c) hack, reverse engineer, decompile, disassemble, modify or create derivative works of the Product or any part of the Product;

(d) publish, sell distribute or otherwise make the Product available to others to use, download or copy;

(e) transfer or sub-license the Product or any rights under this Agreement to any third party, whether voluntarily or by operation of law;

(f) use the Product for any purpose that may be defamatory, threatening, abusive, harmful or invasive of anyone’s privacy, or that may otherwise violate any law or give rise to civil or other liability;

(g) misrepresent yourself as the creator or owner of the Property;

(h) remove or modify any proprietary notice, symbol or label in or on the Product;

(i) directly or indirectly assist, facilitate or encourage any third party to carry on any activity prohibited by this Agreement.

5. Proprietary Rights

The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You are licensing the Product and the right to access, install and use the Product in accordance with this Agreement, not buying the Product. As between you and us, we own all right, title and interest in and to the Product, and you are not acquiring any ownership of or rights in the Product except the limited rights granted under this Agreement.

6. Interruptions and Errors

Your use of the Product might be interrupted and might not be free of errors.

7. Updates

We have no obligation to update the Product.

8. Disclaimer

ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM, AND YOU WAIVE (WITH REGARD TO US), ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE PRODUCTS AND PROFESSIONAL SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT: (A) ANY PRODUCT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (B) ANY PRODUCT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) ANY DEFECTS IN ANY PRODUCT WILL BE CORRECTED.

9. Exclusion and Limitation of Liability

(a) YOU DOWNLOAD, INSTALL AND OTHERWISE USE ALL PRODUCTS AT YOUR OWN RISK. YOU AGREE TO, AND HEREBY DO:

(i) WAIVE ANY CLAIMS THAT YOU MAY HAVE AGAINST US OR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY THE “RELEASEES”) ARISING FROM OR RELATING TO ANY PRODUCTSS, AND

(ii) RELEASE THE RELEASEES FROM ANY LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY ARISING FROM OR RELATING TO YOUR USE OF ANY PRODUCT, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF THE RELEASEES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY OR DAMAGE IS FORESEEABLE.

(b) WE WILL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR EXPENSES THAT CONSTITUTE: (I) LOSS OF INTEREST, PROFIT, BUSINESS, CUSTOMERS OR REVENUE; (II) BUSINESS INTERRUPTIONS; (III) COST OF REPLACEMENT PRODUCTS OR SERVICES; OR (IV) LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL.

(c) WE WILL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR EXPENSES THAT CONSTITUTE INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, MULTIPLE OR INDIRECT DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, CLAIMS OR EXPENSES.

(d) MAXIMUM LIABILITY: IF, DESPITE THE LIMITATIONS SET OUT ABOVE, WE BECOME LIABLE TO YOU IN RESPECT OF ANY PRODUCT OR OTHERWISE UNDER THIS AGREEMENT, THE ENTIRE CUMULATIVE LIABILITY OF US, AND YOUR EXCLUSIVE AND CUMULATIVE REMEDY, FOR ANY DAMAGES (REGARDLESS OF THE CAUSE OR FORM OR ACTION), WILL BE LIMITED TO USD$10.

9. Indemnity

As a condition of your use of any Product or any Professional Services, you agree to hold harmless and indemnify the Releasees from any liability for any loss or damage to any third party resulting from your access to, installation or use of the Product or your receipt and use of the Professional Services.

10. Term and Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if: (a) you breach any terms of this Agreement; or (b) you do not complete payment for the Product, or any payment you make is refunded, reversed or cancelled for any reason. Upon this Agreement’s termination, you will cease all use of the Product and destroy all copies, full or partial, of the Product in your possession. Sections 8 through 20 will survive the termination of this Agreement.

11. Compliance with Laws

You will comply with all applicable laws when using any Product (including intellectual property and export control laws).

12. Entire Agreement

This Agreement supersedes all prior agreements of the parties regarding the Product, and constitutes the whole agreement with respect to the Product.

13. Disputes

If you have any concerns about the Product or Professional Services, please contact us at contact@krispinclaussen-ds.com and we will work with you to try to resolve the issue.

14. Persons Bound

This Agreement will enure to the benefit of and be binding upon the parties and their heirs, executors, administrators, legal representatives, lawful successors and permitted assigns.

15. Assignment

We may assign this Agreement without notice to you. You may not assign this Agreement or any of your rights under it without our prior written consent, which we will not withhold unreasonably.

16. Waiver

No waiver, delay, or failure to act by us regarding any particular default or omission will prejudice or impair any of our rights or remedies regarding that or any subsequent default or omission that are not expressly waived in writing.

17. Applicable Law and Jurisdiction

The laws of Hamburg, Germany (including the laws of Germany applicable in Hamburg), without giving effect to its conflict of law principles, govern your use of the Product, this Agreement and all proceedings arising out of

  1. You attorn to the exclusive jurisdiction of the Hamburg courts for any proceeding arising out of or relating

to the Product or this Agreement. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Your use of the Product may also be subject to other local, state or provincial, national, or international laws.

18. Legal Effect

This Agreement describes certain legal rights. You may have other rights under the laws of your country. This Agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

19. Interpretation

In this Agreement, “we”, “us”, and “our” refer to the licensor of the Product alone and never refer to the combination of you and that licensor (that combination is referred to as “the parties”).

20. Language

The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language.