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Die Moodmixer AGBs


By using or distributing the software or any other services provided by PWsoft you acknowledge that you have read and understood this agreement and you agree to be bound by this agreement's terms and conditions. You also agree that this agreement is the complete and exclusive statement of the rights and liabilities of the parties and supersedes all proposals or prior agreements, oral or written and any other communication between the parties relating to
the subject matter of this agreement.

This copyright declaration, the "End User License Agreement" and disclaimers are based on and regulated by German law. This is a legally non-binding translation of the most important facts for our customers for convenience purposes. Only the wording of the German version of this EULA is decisive. All programs and documents were created based on German law. If there were any infringements of changed, international or any other applicable law, it is done unintentional. Please let us know about any infringement or breach of law in order to allow corrections.
You can read the german terms and conditions at the german AGB page

SCOPE OF APPLICATION
 

These EULA, copyright declaration, terms and conditions apply to all services provided to users of MOODMIXER. Any amendments from these have to be specifically confirmed in writing by PWsoft. In case of contradictions between any provision of the PWsoft EULA and any other provision of EULA/terms and conditions, the provision of the PWsoft EULA shall prevail. PWsoft may at any time alter or change its terms and conditions and EULA.

II. SHAREWARE-VERSION

 

1. Evaluation period and licensing

You have the right to use the shareware version of MOODMIXER (subsequently
called “Software”) for a 30 days evaluation period, starting on the day of installation, free of charge. If you continue to use the software after this period, You MUST REGISTER and pay the fee for the
registered version in order to obtain a non-exclusive full user licence. If you don’t register your access to the software will be terminated after 30 days.

You can register the Software and pay for the licence at any time via a link to a register form on the internet. You will be required to enter Name, address and the MOODMIXER serial number as well as a valid e-mail address, which will be used to send the licence key to you. In addition, you will have to select the type of licence (only for private use or for commercial use) as well as the amount of licences you want to obtain.

You agree that any violation of this agreement by the licensee will cause PWsoft immediate and irreparable harm for which PWsoft shall be entitled automatically for temporary and permanent injunctive relief, in addition to all other available legal and equitable remedies.

2. Transfer of shareware version

You may copy the original distribution package for the Software to other users who wish to evaluate it. Any copy must be complete, including all files, the documents and a copy of this Licence Agreement. Anyone to whom you distribute the Software is also subject to this Licence. You may not copy or disclose your registration code or registered full version to any other user whilst still using it yourself.

The software may not be rented or leased, but the user may freely evaluate and distribute the shareware version of the software, a small charge or fee may be charged for the physical act of transferring a copy. This software may be distributed on online services, bulletin boards, or otherelectronic media, and on CD-ROM, disk, or other physical media as long as the distribution package is not modified.Retailers or other distributors should refer to PWsoft and check for
the latest version. You can find more information at:

http://www.MOODMIXER.com

III. REGISTERED FULLY LICENCED VERSION
 

1. User rights

If you pay the registration fee for the appropriate licence (commercial or private), PWsoft will grant you a non-exclusive licence, unlimited in time,for one person to use one copy of the Software notwithstanding whether the licensee is a person or a business. Once payment has been processed, you will receive a key file that transforms the shareware version into a fully licensed version (subsequently called licensed software).

If you do want to use the software on more than one computer (i.e. in a network) you must obtain licences in the amount of these computers.

2. Copies

You may save a software copy to ONE hard drive or to ONE CD. You are NOT allowed to produce more copies!


3. Transfer of software and alteration

A lasting transfer of the software (e.g. as a gift or a sale) is only allowed if the software is sold or given away with all copies of the registered Version including all software files and documentation. In this case, thesoftware installation on the initial owners PC has then to be removed.Any other form of sale, transfer or disposition of the software MOODMIXER is NOT allowed.

You may NOT copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program, or any subset of the licensed program, except as
provided for in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.

Without prejudice to any other rights, PWsoft will terminate this EULA, ifyou fail to comply with the terms and conditions of this EULA. In suchevent, you must destroy all copies of the Software Product and all of its component parts.

IV. UPGRADES and UPDATES
 

1. Upgrades

Definition: Upgrades are enhanced new versions of the software with more and new features to it. An upgrade can be identified by the first digit left of the decimal point in the version number (e.g. MOODMIXER 2.00 )

Upgrades of the MOODMIXER software also have to be purchased by the licensee. The licensee will be informed by email if new upgrades areavailable.

The owner of a fully registered version is NOT entitled to any upgrade.

2. Updates

Updates: Updates are any improvement, enhancement or amended version of the whole or a part of the Software that may be issued by the Licensor from time to time.Updates can be identified by different digits right of the decimal point in the version number (e.g. MOODMIXER 1.19 )

Whenever there is an update available all registered users will be informed by email where and how a free of charge update file can be downloaded. In some cases, the registered user will receive the update file right away by e-mail.

V. Warranty and Liability
 

PWsoft have carefully developed and tested this software.The software and related documentation are provided to licensee "as is".All express or implied conditions, representations, and warranties, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid. This software is not fault tolerant and should not be used in any environment,which requires this, such as on-line control of aircraft.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, PWSOFT’S AGGREGATE LIABILITY TO LICENSEE OR TO ANY THIRD PARTY FOR CLAIMS RELATING TO THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT, WILL BE LIMITED TO THE FEES PAID BY LICENSEE FOR THE SOFTWARE WHICH IS THE SUBJECT MATTER OF THE CLAIMS. IN NO EVENT PWSOFT WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF PWSOFT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

VI. REFERRALS AND LINKS
 

Links to third party Web sites are provided solely for convenience purposes.

If you use these links, you will leave this site. PWsoft has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. PWsoft does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. In addition, we make no representation regarding the content or accessibility to content that may or may not be suitable for viewing by minors or other persons. Please contact the individual webmaster regarding their content. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Please let us know if any of our links link to illegal pages.

 

VII. DATA SECURITYAND PRIVACY
  At PWsoft, your right to privacy and data security is a primary concern. But we can not guarantee the safety of all information we receive. We would like to advise our users to take all possible precautions for internet safety.

The user agrees that all data collected from the users of our software and web pages will solely be used in order to be able to supply you with new information about the software and PWsoft.

For any request for support of a special kind (e.g. restoring a corrupted database), we will compare the stored user data with the given data from the user who is requesting support.

The user can easily withdraw his consent for the future. Simply send an e-mail to PWsoft info@moodmixer.com

PWsoft will not issue or sell any user data to third parties or use these data for other purposes.

VIII. CHATS, MESSAGE BOARDS/FORUM AND MAILING LISTS
  PWsoft offers a message board/forum for all Users of its software, where the Moodmixer community can be informed about latest developments and can exchange Information about the usage of the software. PWsoft can not accept responsibility for any entries made into the messageboards or available mailinglists of any kind. Each user uses the facilities provided by PWsoft at his sole risk and his own responsibility.

IX. COPYRIGHT
 

PWsoft- shall be credited as the owner of the SOFTWARE in all distribution of the SOFTWARE.

PWsoft is the exclusive world-wide licenser of the SOFTWARE, and the copyrights and other proprietary rights therein. The SOFTWARE is intended solely for distribution as SHAREWARE (i.e., try-before-you-buy software); it is not public domain or free software or freeware. The SOFTWARE shall be identified by name and shall be identified as SHAREWARE in all distribution. Any other form of distribution than stated in this agreement requires the formal permission of PWsoft.

The Moodmixer software is exclusively copyrighted © 2003-2004 by Peter-Wolfgang Fischer of PWsoft (Hamburg, Germany).

The Moodmixer Logo, all icon logos, graphical surface, and all its related documentation are copyrighted © 2003-2004 by Peter-Wolfgang Fischer & Kerstin Laveatz of PWsoft (Hamburg, Germany). All rights reserved.

All other trademarks are trademarks of their respective owners.

X. APPLICABLE LAW AND JURISDICTION
 

This EULA shall be governed by and construed in accordance with German Law without reference to conflict of laws provisions. In case of any conflict the UN-international laws of sales will not apply.

PWSoft is based in and directs its operations from locations in Germany. All legal proceedings relating to the Software or the formation or interpretation of this Agreement shall be brought forward only in courts located in Germany. In case of proprietary conflicts the place of jurisdiction will be Hamburg/Germany.

You hereby expressly submit to the jurisdiction of such courts and consent to extra-territorial service of process.

 

XI. SALVATORIAN CLAUSE
 

If any provision of this AGREEMENT is held to be void, invalid or unenforceable, it will not affect the validity of the remaining provisions of this AGREEMENT, which shall remain valid and enforceable according to its terms and conditions.

Instead of the invalid/void provisions regulations of German Law are applicable.