CodedColor  ã 1STEIN GmbH

 

LICENSE AGREEMENT

Software products: CodedColor PC Software and HTML Album Viewer

Features: View, organize, edit, publish digital images and order prints

 

PLEASE READ THE FOLLOWING BEFORE INSTALLATION OF THE SOFTWARE. BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ SAID TERMS AND CONDITIONS, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM.

 

1. GENERAL TERMS

This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and 1STEIN for the software product(s) stated above (in the following referred to as "software"), which may include associated media, printed materials, electronic documentation, online information or exported data, such as web-albums. The evaluation time identified above is the maximum period a user can try the software to see if it is useful for him before registering. By installing, copying, or otherwise using the software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the software. The software is owned by 1STEIN and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software is licensed, not sold. 1STEIN will improve and update the software from time to time. While you are using the software, our server will occasionally compare it with the latest available version, and inform you if there are new versions available.

 

2. VERSIONS OF THE SOFTWARE

There are different versions of the PC software, each of which is subject to this EULA. Upon ordering, downloading, installing or using any version of the PC software, you are reaffirming that you are bound to the terms of this agreement.

·         An EVALUATION version is provided without charge, however it is not free software. All rights and licenses to the evaluation version automatically expire after evaluation time, after which you must register with 1STEIN or remove the software completely from your system.

 

3. GRANT OF LICENSE

1STEIN agrees to grant you a revocable, non-exclusive license to use our software with stated features. This license is royalty-free for the evaluation time. Subsequent downloads of the software by or for the same user do not extend, renew, or otherwise restart the term of the license for the evaluation version. You understand and agree to become a registered customer of 1STEIN while using our software. No title to intellectual property is being transferred.

·         You may not modify, reverse engineer, decompile, disassemble or extract resources from the software.

·         One copy of the registered version of the software may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both. You may access the software through a network, provided that you have obtained individual licenses for the software covering all workstations that will access the software through the network. For instance, if five different workstations will access the software on the network, each workstation must have its own license, regardless of whether they use the software at different times or concurrently. Site licenses of the software may be obtained from 1STEIN which cover each workstation at one location.

·         You may make copies of the software for backup and archival purposes.

·         You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.

·         You are not allowed to remove or alter any copyright notices on copies of the software.

·         You may not rent, lease, or lend any version of the software.

·         You may redistribute any unmodified EVALUATION version or data exported or created by the software, such as web-albums.

·         You may not extract or modify any javascript or HTML sources from exported web-albums. You may not remove the copyright notice or referenced URLs from such exports.

 

4. THIRD PARTY TERMS

The software may include third party software, such as to allow you to send your digital images to a lab of your choice, which will then process your digital images. By using the third party software, you agree to accept the license terms of the supplier.

 

5. COPYRIGHT

All title, including but not limited to copyrights, in and to the software and any copies or exports thereof are owned by 1STEIN or its suppliers. All title and intellectual property rights in and to the content (such as images and photos) which may be accessed through use of the software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use content of which you are not the owner. All rights not expressly granted are reserved by 1STEIN.

 

6. REDISTRIBUTION

You are hereby licensed to make as many copies of any EVALUATION version of the software, give exact copies of the original evaluation version to anyone, and distribute the evaluation version of the software in its unmodified form via electronic means. There is no charge for any of the above. You are specifically prohibited from charging or requesting donations for any such copies, however made, and from distributing the software and/or documentation with other products (commercial or otherwise) or by other than electronic means without 1STEIN's prior written permission. You are at all times prohibited to distribute any registered version of the software or the registration information. You may redistribute or publish exported data, such as web-albums, if the exported files are in no way modified.

 

7. WARRANTIES AND LIABILITIES

The software is provided "as is". Neither the third party software partners nor 1STEIN warrant that the software shall meet all of your requirements or that its operation shall be uninterrupted or error-free. You should therefore carry out appropriate testing of the software before using it. Should the software prove defective, we shall attempt to correct it, but 1STEIN does not assume any liability for your costs incurred. Correction of the software shall be your sole remedy and 1STEIN's entire liability. In no event shall 1STEIN be liable to you for any damages, including any lost profits, lost savings or indirect damages such as lost or destroyed data, disruption of planning, claims of third parties, or other special, incidental or consequential damages whatsoever arising out of the use of or inability to use the software or for any other claim by you or by any other party, even if an authorized distributor has been advised of the possibility of such damages in any of the foregoing cases.

 

8. PRIVACY POLICY

1STEIN uses the information collected about you to provide you with update information for the software. 1STEIN may also use the information to offer you personalized services and products of our partners. 1STEIN never stores any creditcard information. All payment transactions are posted through secure SSL gateways.

 

9. REIMBURSEMENT
Since the nature of Registration Keys and Software in general does not allow for a return, we cannot reimburse any payment. You have the possibility to fully test the software within 30 days after installation.

If you have received a defect CD from a magazine or likewise, you can request a functional version from 1STEIN. If our software has a technical fault, then you may request a correction by sending us a detailed problem report.

 

10. TERMINATION

This Agreement shall be entered into for an indefinite term and can be terminated by either party at any time by informing the other party in writing, including a message posting on the Internet. Upon termination of this Agreement, you shall immediately erase the software from any carrier on which it is stored or destroy such carrier.

 

1STEIN has the right to update these TERMS & CONDITIONS at any time. You accept that you shall be bound to them from the moment you receive notice of such change. This agreement shall be subject to German law. City of jurisdiction is Munich.

 

1STEIN GmbH, München