Please read this License Agreement (“License”) carefully before using the OXID eShop software manufactured by OXID eSales GmbH and/or software manufactured by eSales International Inc. Additionally, all software manufactured and/or distributed by eSales International Inc. will be defined as OXID eShop software.
By using the OXID eShop software you are agreeing to be bound by the terms of this License. If you do not agree to the terms of this License, do not use the software. Upon acceptance these license conditions shall become a direct part of the contract. By acceptance of these license conditions the customer commits to only use the software OXID eShop exclusively within the frame of these license conditions.
1. Copyright Protection
The copyright of OXID eShop is protected. Downloading, transfer, use and any further use of the software OXID eShop, also its partial use, are subject to these license conditions. You may not rent, lease, lend, redistribute or sublicense the OXID eShop software. You may, however, make a one-time permanent transfer of all of your license rights to the OXID eShop software (in its original form as provided by OXID eSales or eSales International) to another party, provided that: (a) the transfer must include all of the OXID eShop software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the OXID eShop software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the OXID eShop software reads and agrees to accept the terms and conditions of this License. You may not rent, lease, lend, redistribute, sublicense or transfer any OXID eShop software that has been modified.
2. Right of Use
Upon conclusion of the contract for the delivery/download of OXID eShop (independent of the storage medium) the customer is granted a non-transferable and non-exclusive right of use. This right is limited to the usages listed below.
3. Coverage of Use
a) Upon delivery the customer acquires the right to apply the delivered software to any computer suitable for this purpose. Period of usage is defined in the respective contract. The customer will be informed about this at the beginning of the contract and with any update. The right of use for the respective software is limited in time, and it, without notice, automatically ceases at the date of termination agreed upon.
b) The customer is entitled to install the software onto a hard disc for subsequent use or copy it for a back up on floppy disc or CD-ROM from the original floppy disc (where available). Such back up copy, however, may not be used simultaneously with the original version. In the case of a contract for a network/multiple license the customer is entitled to the use of the software on various computers by various users.
c) Subject to the regulations under lit. b), the customer is not entitled to copy the software except for back up purposes. The customer is neither entitled to duplicate by photocopy or microfilming or electronic back up or other proceedings parts of the software, its accompanying pictures, texts and manuals nor to distribute or rent the software and/or its accessory documentation, grant sub-licenses to third parties or make it available to them. Subject to lit. d) The customer is not entitled to alter, modify, adapt or decompile wholly or in parts the software and/or its accessory documentation. Further, the customer is not permitted to alter any notes on copyrights, trademarks and/or notes on ownership on programs or documentary materials.
d) OXID eShop may only be edited to such extent as necessary for the user in order to use OXID eShop for his business purposes. Any transfer of such edited version to third parties is expressly prohibited. Further, it is expressly prohibited to remove the copyright note. The editor has to state in the copyright note the extent of the editing and the identity of the editor. The use of the edited version of OXID eShop is also subject to license fees.
4. License Fees, Duty to Register
a) Free usage of OXID eShop software is only permitted for demonstration or testing purposes and may only be downloaded for such purpose from the internet site oxid-esales.com or esales-international.com.
b) License fees are due for any other application or utilization of OXID eShop, also in any edited version. Only for utilization for non-commercial purposes (especially for training in schools and universities) no license fees are due. Any use, including free usage for demo, test or training purposes is required to register as stated in item 5.
5. License Acquisition
Prior to any usage subject to fees a license has to be acquired from OXID eSales or eSales International. The customer has only acquired the right of usage after payment.
6. SQL Database, JPGraph
a) OXID eShop can only be used in combination with certain SQL databases. OXID eShop cannot grant any licenses for this purpose. Customers who use OXID eShop together with an SQL database have to acquire a respective license at their own expense.
b) Integrated into OXID eShop is the package JPGraph Professional with the license number JPGP-0348-D11934481. This software may only be used in the context of this license contract and may NEVER be used with external programs. THE JPGRAPH PROFESSIONAL IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER OXID ESALES GMBH NOR ANY CONTRIBUTOR TO THE JPGRAPH PROFESSIONAL SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE JPGRAPH PROFESSIONAL OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Backup, Data Protection
a) The user agrees that his personal and business-related data, which will be transmitted to OXID eSales GmbH during the installation and administration process and which are received by OXID eSales GmbH during the business relation are electronically stored and automatically processed. OXID eSales commits to treat such data as confidential and not to disclose them to third parties, except such disclosure is required by authorities or necessary for the protection of interests between OXID eSales and the user.
b) The user commits to exclusively use OXID eShop in the frame of the respective valid magisterial and legal regulations for data protection and to store, proceed and apply all data disclosed to him, especially those of his customers, strictly in accordance with the magisterial and legal regulations for data protection. The customer exempts OXID eSales and eSales International from all claims and costs arising from claims of third parties that OXID esales and/or eSales International and/or its customers have infringed data protection regulations by storing, processing or other application of their data.
8. Limited Warranty on Media
OXID eSales GmbH warrants the media on which the OXID eShop software is recorded and delivered by OXID eSales GmbH to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at OXID eSales GmbH's option, a refund of the purchase price of the product containing the OXID eShop software or replacement of the OXID eShop software which is returned to OXID eSales GmbH or an authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION, PACKAGING OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE OXID ESHOP SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OXID ESHOP SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ESALES INTERNATIONAL INC, OXID ESALES GMBH, AND ITS LICENSORS (COLLECTIVELY REFERRED TO AS "OXID" FOR THE PURPOSES OF SECTIONS 9 AND 10) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE OXID ESHOP SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. OXID ESALES GMBH AND ESALES INTERNATIONAL INC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE OXID ESHOP SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE OXID ESHOP SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE OXID ESHOP SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE OXID ESHOP SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OXID ESALES GMBH , OR AN OXID ESALES GMBH AUTHORIZED REPRESENTATIVE, OR ESALES INTERNATIONAL INC , OR AN ESALES INTERNATIONAL INC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE OXID ESHOP SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATION OFF LIABILITY
a) TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OXID ESALES GMBH OR ESALES INTERNATIONAL INC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE OXID ESHOP SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF OXID ESALES GMBH AND/OR ESALES INTERNATIONAL INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall OXID's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
b) OXID eSales can only be held liable for any damages arising from the application of OXID eShop software to other software on data media or data processing equipment of the customer, if such damage was caused by a faulty software/data carrier for which delivery intentional or gross negligence of a representative or vicarious agent of OXID eSales GmbH can be claimed and if such damages are of the kind that they could have been foreseen and are typical for such applications. Further, in contracts with corporate bodies of public law, public law foundations and merchants (however, towards merchants also in such cases only if the contract is part of their business operation) liability for gross negligence of an vicarious agent is excluded as long as it is not a negligence of a managerial vicarious agent or as long as no contractual main duties have been infringed.
c) Compulsory legal claims for guarantee for compliance, termination or impairment (however, not for damages) shall not be effected by the above regulation.
11. Controlling Law and Severability
This License will be governed by and construed in accordance with the laws of Germany, as applied to agreements entered into and to be performed entirely within Germany between German residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
For the software MANUFACTURED by eSales International Inc (and only for this) the laws of the United Stated of America and the US state of California do apply.
12. Complete Agreement; Governing Language
This License constitutes the entire agreement between the parties with respect to the use of the OXID eShop software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by OXID eSales GmbH and eSales International Inc. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.