License Agreement
Copyright (c) 1999-2008 ashampoo GmbH & Co. KG
All Rights Reserved
July 2008
CD/DVD/BD recording components licensed from
ashampoo Technology GmbH & Co. KG
PLEASE READ THE ENTIRE TEXT OF THIS LICENSE AGREEMENT
CAREFULLY AND MAKE SURE YOU AGREE WITH ALL THE TERMS
AND CONDITIONS BEFORE USING THIS SOFTWARE.
The accompanying computer program ("Software") is licensed to
the user by ashampoo GmbH & Co. KG subject to the terms and
conditions of this License Agreement. By clicking on "Agree"
or "Accept" during installation of the electronically
distributed version or by installing and using this Software
or by opening the sealed package of the retail version you
agree to be bound by these terms and conditions. If you do not
agree to any of the terms of this License do not install or
use this Software.
The Software is licensed, not sold, to the user by ashampoo
GmbH & Co. KG for use exclusively under the terms and
conditions of this License Agreement. ashampoo GmbH & Co. KG
reserves all and any rights not expressly granted to the user.
The user owns the physical media upon which the Software is
distributed or recorded but ashampoo GmbH & Co. KG retains
ownership of the Software itself and the accompanying data
and documentation.
1. License:
(a) This non-exclusive License allows one registered user to
install and use the Software on one (1) computer or local
workstation only, subject to the terms and conditions of this
License Agreement. Multiple users may use the Software non-
simultaneously if it is not installed on more than one
computer. The Software may be transferred to another computer
if it is then deleted from the original computer and is never
used on more than one computer simultaneously.
(b) If the Software is licensed as an update or upgrade said
update or upgrade does not constitute a second grant of
license. The update or upgrade may only be used to replace the
original, legally licensed version and the original version may
not be transferred to another user or other third parties.
(c) If the License is transferred to another user the original
user must erase the program from the computer on which it was
installed and surrender to the new licensee both the original
and all copies of the program and its documentation. The new
licensee must then register the program with ashampoo
GmbH & Co. KG and agree to be bound by the terms and conditions
of this License Agreement.
(d) If the Software is a time-limited version (shareware) it may
not be used after the end of the trial period. Manipulation of the
program itself or the operating system and/or the use of any
software that enables continued use of the program after the end
of the trialperiod is expressly prohibited and will be subject to
prosecution.
2. Copyright and Other Rights:
(a) The Software, all accompanying data and text files and all
its documentation in printed and electronic form are protected
by national and international copyright and other proprietary
rights. You may make no more than one copy of the Software for
personal backup purposes only. Such backup copies must remain
in the possession of the original registered user, may not be
used to create additional installations on further computers
for use by other users and must include all copyright notices
of ashampoo Technology GmbH & Co. KG and any other applicable
copyright notices. Any and all other forms of reproduction or
copying of the Software and its accompanying data and
documentation, including copying the Software or parts thereof
to any and all network, Internet and/or online devices and/or
services, constitute infringement of copyright and other
rights.
(b) Any images, graphics and other audio and/or visual material
included with the Software may be protected by additional
copyrights and other rights of the respective authors or
owners. By agreeing to be bound by the terms of this License
Agreement you also agree to observe the rights subsisting in
such additional material and any regulations pertaining
thereto.
(c) The Software embodies and contains secret proprietary
technologies and information. Reverse engineering, disassembly,
decompilation and any and all other methods capable of
providing access to the trade secrets contained in the Software
are all strictly and expressly prohibited.
3. Other Restrictions:
(a) You may not modify, adapt, translate or produce derivative
works based upon the Software or any part of the Software in
any form whatsoever.
(b) Unless otherwise specifically indicated in the manual
and/or other documentation you may only use the Software for
private, non-commercial purposes. You may not market, loan,
rent, lease or advertise the Software without the express prior
written consent of ashampoo GmbH & Co. KG. Distribution of
shareware, freeware and public domain software is also only
permitted with the express, prior written consent of ashampoo
GmbH & Co. KG.
(c) You may not use the Software or any of the data or material
or documentation distributed with the Software for any illegal
or immoral purposes or for any purposes which could be
construed as illegal or immoral or for purposes which infringe
upon legal or commercial rights of any parties under any
circumstances.
4. Limited Warranty:
(a) ashampoo GmbH & Co. KG warrants the physical media upon
which the Software is distributed (floppy disk, CD, DVD etc.)
but not the program recorded on the physical media to be free
of defects in materials and workmanship for a period of 30
(thirty) days from the date of purchase as documented by the
purchase receipt. Media found to be faulty within this thirty-day
period will be replaced by ashampoo GmbH & Co. KG free of
charge unless the faults are due to willful damage, negligence
or improper use. Such replacement will be your only and exclusive
remedy in the event of fault or defect. The program itself is
provided "as is" without any warranty of any kind, express or
implied, including but not restricted to warranties of
merchantability and fitness for a specific purpose.
(b) Under no circumstances will ashampoo GmbH & Co. KG, ashampoo
Technology GmbH & Co, KG, its officers, agents, employees,
affiliates or associates be liable for any consequential,
incidental, indirect or special damages whatsoever (including but
not restricted to damages for loss of business income or profits,
interruption of business, financial losses, loss of data or
information etc.), deriving from use of, improper use of or
inability to use the Software or any of the material,
documentation or information included or distributed with the
Software, regardless of the nature and foundation of the individual
claim or claims. The liability of ashampoo GmbH & Co. KG and
ashampoo Technology GmbH & Co. KG will under all circumstances be
limited to the purchase price of the Software. All other liabilities
and remedies express or implied, including but not restricted to
any express or implied warranties of merchantability and
fitness for a specific purpose, are expressly excluded. These
limitations may not apply in jurisdictions that do not permit
the exclusion or limitation of implied warranties.
5. Product Modifications and Improvements:
ashampoo GmbH & Co. KG reserves the right to change, modify and
improve its products at any time and without notice in the normal
course of product development. This right includes but is not
restricted to changes and modifications that add new functions
or features or remove functions or features mentioned in the
product advertising or documentation.
6. Termination:
This License is effective to all registered users until
terminated. Failure to comply with any of the terms or
conditions of this License Agreement will terminate the License
automatically, immediately and without notice from ashampoo
GmbH & Co. KG. All copies of the Software and its documentation
must be destroyed immediately upon termination of the License.
All regulations of this License Agreement, particularly Sections
4 and 7, shall continue to apply and be legally binding following
termination.
7. General Provisions:
This License will be construed under the laws of the
Federal Republic of Germany. If any term or provision of this
License should be or prove to be legally ineffective or
contrary to law, said term or provision will be enforced to the
maximum extent permissible, and the remaining terms and
provisions will not be prejudiced by this and shall remain in
full force and effect.
Copyright (c) 1999-2008 ashampoo GmbH & Co. KG
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