Preamble
The “MarkStein Publisher Standard Edition” software is for personal, non-commercial use only. By agreeing to this Agreement, you acknowledge that you must purchase or have purchased the “MarkStein Publisher Professional Edition” or “MarkStein Publisher Workgroup Edition” software if you intend to use the product for commercial purposes.
1. Subject Matter of the Contract
The subject matter of the Agreement is the software program contained on the data carrier, the operating instructions contained on the data carrier, and any other associated written and/or digital material, unless otherwise indicated. These are hereinafter referred to as the “Software Product”. With the purchase of the product you only receive ownership of the physical data carrier on which the software product is recorded, provided that such a data carrier was delivered to you. The acquisition of rights to the software product itself is not associated with this. This also applies if you have obtained the software product without a data carrier in digital form via the Internet or another channel (download version) or you have received the software product in connection with another product (OEM version). The software product is protected by copyright and trademark/title protection.
2. Scope of Use
MarkStein Software Entwicklungs- und VertriebsGmbH (hereinafter referred to as “MarkStein”) grants you the simple, non-exclusive and personal right (hereinafter also referred to as “license”) to use the enclosed copy of the software product on a single computer for the duration of this agreement. You may make one copy of the data carrier on any medium for the sole purpose of data backup. Any further use or transfer to third parties is not permitted. The original data carrier and the backup copy must be kept in a safe place. Giving away, renting and lending of the software product are expressly prohibited. You may permanently transfer all of your rights under this Agreement to the Software Product, provided that you do not retain any copies and the recipient agrees to the terms of this Agreement. If the Software Product is an update, the transfer must also include all prior versions of the Software Product.
If you have obtained multiple licenses of the Software Product, you have either been provided with a corresponding number of original data carriers or you have received a license certificate (also in the form of a corresponding invoice or special serial number) documenting the number of permitted installations. In any case, the additional licenses are to be treated like a normal license of the software product. No extended rights of use apply.
In the case of software products that contain components that are expressly intended for redistribution to third parties (runtime licenses or so-called “redistributables”), a precise description of the scope and type of permitted redistribution of these program components of the software product shall be included in the form of a separate document, the product description or the online help. This description shall then be an additional part of this Agreement.
3 Special Restrictions
The licensee is prohibited
– to hand over or make available the software product and written material to a third party (an exception is a so-called test or shareware version of the software product (marked accordingly), which is released for free distribution. This also includes the distribution on magazine CD-ROMs or in download archives on the Internet),
– to modify, translate, reverse engineer, decompile or disassemble the Software Product, to create derivative works of the Software Product (except for your own use within the scope of the facilities provided by the Software Product), to modify or remove any copyright notices or trademarks,
– translate, modify, reproduce or create derivative works from the written material, alter or remove any copyright notices or trademarks.
4. Warranty, Assurances
The software product shall be delivered in accordance with the state of current development and shall be subjected to extensive testing and quality assurance measures by MarkStein prior to delivery. MarkStein shall provide replacement free of charge within 30 days from the date of purchase in the following cases: a) for defective data carriers, unless a sales partner is responsible for this, b) in the event that the software product is fundamentally unusable in the sense of the description provided. If MarkStein is not able to provide the warranty, both parties have the right to cancel the contract under reimbursement of the purchase price to the licensee. Information contained in brochures, advertisements, documentation and similar writings are only descriptions and do not contain any assurance of properties. The assurance of properties requires an express written agreement. This also applies to price quotations or information on the release of supplements and extensions.
5 Liability
Licensee is responsible for the selection and consequences of the use of the Software Product and the results intended or achieved thereby. Liability for damages of any kind (including, without limitation, damages for loss of profits, loss of business information, or other financial loss) arising out of the use of or inability to use this product is expressly excluded. This exclusion does not apply to damages caused by intent or gross negligence on the part of MarkStein. Likewise, claims based on indispensable statutory provisions on product liability shall remain unaffected.
6. Amount of Liability
The amount of liability is in any case limited to the amount of the purchase price actually paid.
7. Data Protection
Note according to § 33 BDSG: The customer data will be stored. However, the customer data will not be passed on to third parties or used for other purposes.
In the context of update and upgrade mechanisms integrated in the software product, data may be transferred to MarkStein or its representatives. However, this data does not contain any personal or system-related data. Only data required for the provision of online functionality (product ID, version number, error codes and, in the case of licensed products, the serial number) is transmitted. The collected data is only used for the purpose of providing updates by the software product and for improving the software product. The data will be deleted by MarkStein as soon as it is no longer required.
8 Payment
If the software product was purchased directly from MarkStein, the right to use the software product granted in this Agreement shall not commence until the invoice amount has been paid in full.
9. Dealers and Resellers
We deliver the software product to resellers exclusively for the purpose of resale in their own name and for their own account to the end customer. In this respect, we grant the reseller the right to provide the end customer with the software product for the scope of use described above. However, a separate agreement between MarkStein and the reseller is required for this purpose.
10. Right of Return and Place of Jurisdiction
In principle, up to 14 days after ordering (date of postmark or invoice) the software product can be returned and the purchase price refunded. After opening the sealed data carrier or installation or use on the computer, the right of exchange and return is excluded.
The right of return does not apply to versions delivered electronically by download.
Place of jurisdiction is Darmstadt. The law of the Federal Republic of Germany and the European Union applies.
11. Miscellaneous
Should one or more provisions of this contract or a provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements. Ineffective or missing clauses shall be replaced by effective clauses which come as close as possible to the intended purpose, alternatively by corresponding statutory provisions.
Darmstadt, January 2023
MarkStein Software Entwicklungs- und VertriebsGmbH
Riedstraße 2, D-64295 Darmstadt
Tel. +49 (6151) 396870
E-Mail info@markstein.com