Terms and conditions of license and use „myphotobook IE“
Below are the terms and conditions of license and use for the usage and installation of the myphotobook IE software. This is published by myphotobook GmbH, Oranienstr. 183, 10999 Berlin. The software is a product and the property of Ip.labs GmbH.
Licence agreement for the end user
THESE TERMS, CONDITIONS AND GENERAL GUIDELINES CONSTITUTE THE LICENCE AGREEMENT BETWEEN YOU AND THE ORIGINATOR AND OWNER AND SPECIFY THE PERMITTED USAGE OF THE SOFTWARE.
NOTICE TO THE USER: THIS IS A CONTRACT. WHEN YOU INSTALL OUR SOFTWARE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT.
Hereby, the originator and owner grant you with a non-exclusive licence for the use of the software, which may be revoked at any time. The software and all relevant copyrights, patents, brands, trademarks and developments are the property of the originator and are protected by applicable law. You are not entitled to the use of the property, insofar as this is not specified in this agreement. You are not authorised to alter, reverse engineer, decompile, disassemble, disseminate, sell, lend or lease the software, nor to make any other commercial use of this software.
Obligations on the licensee
You accept that the software may solely be used to order and transfer your digital images to us, as well as for the management and processing of your image files on a terminal device. You hereby confirm that you are entitled and authorised to transfer and print the images you transmit.
You accept the full and exclusive liability for the data transferred while using the software. You accept not to use the software for the transfer of images with forbidden pornographic content or content of a sexual nature, and not to use images that are otherwise indecent. You guarantee that the originator, their authorised dealer or other cooperating laboratories will not be made liable for claims arising due to any of the above-mentioned reasons and that these parties will be reimbursed for any damages that arise out of the violation of these obligations.
Guarantees and Liability
The originator undertakes all possible efforts to ensure that your digital images are transferred to us via the software.
The software is supplied in its current condition. The originator and the concerned supplier neither guarantee that the software meets all of your demands, nor that this performance takes place faultlessly and without interruption.
The originator is in no case liable for any damages, not for lost profits and financial losses, nor for indirect damages such as lost or destroyed data, impossible schedules, third-party claims or other special, incidental or consequential damages that arise from the proper use or improper use of the software, as long as no intentional or grossly negligent fault lies with the originator.
The originator undertakes no guarantee for access to, or the uninterrupted and/or failure-free operation of, the internet. The internet is an open network and the originator undertakes all possible steps to protect your data. The originator can neither guarantee the protection of your digital images, nor guarantee that your digital images are protected during the transfer process, nor guarantee that third parties are not able to access these, as well as the data they contain.
The originator is not liable for any damages to your image data (including, but not limited to direct or consequential damages) caused by you or other people or entities, not for any alterations, changes to the sorting order, loss, destruction, theft or any other form of misuse of your digital images, except in cases of intent or gross negligent fault on the behalf of the originator.
This agreement is valid for an indeterminate period of time and can be cancelled by any party at any time. By cancelling the agreement, you are therefore required to immediately delete the SOFTWARE from all storage mediums on which it is saved, or to destroy the same storage mediums.
The originator is entitled to update these terms, conditions and general guidelines at any time. You accept that you, from the time when you receive notification of such a change, are bound to the new general terms, conditions and general guidelines.
The laws of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Sales Convention.