Shockvoice
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Licensor developed the software named Shockvoice. With this licensing agreement Shockvoice Shockvoice grants licensee the right of utilization. §1 Object of agreement 1. Licensor grants the licensee the right of utilization. This basic right of utilization is alienable. It is whether exclusive nor restricted in time. 2. Licensee is allowed to install Shockvoice a) on a fixed medium (e.g. hard drive) as well as to copy Shockvoice for security reasons. The licensee is obliged to indicate Shockvoice' copy right on every copy. b) on not fixed mediums for security reasons, c) on active store, buffer store, cache store and graphic board store. 3. Licensee is not allowed a) to decompile, to regress or to disassemble; b) to modify or c) to grant or to dispose Shockvoice. It is possible to add-on Shockvoice by additional software, which is not created by Shockvoice GbR (so called „Plugins“). Under restriction of § 69 d Urheberrechtsgesetz (Copyright law) licensee has not the right to copy or to dispose Shockvoice. 4. It is not allowed to grant sub-licenses. 5. It is forbidden to use Shockvoice commercially, if no licensing agreement is signed. 6. Licensee knows, that the usage of Shockvoice is dependent on the use of standard components. This licensing agreement does not contain those components. The licensee is obliged to obtain them. §2 Formation of contract §2 Formation of contract 1. The contract is formed by consenting to this licensing agreement. The licensing agreement is concluded by installing Shockvoice. 2. Licensee, who wants to use Shockvoice commercially and freehoster are obliged to send a signed original copy of this licensing agreement before using or installing Shockvoice. Freehoster are persons, who provide Shockvoice on a server for other users gratuitously. §3 Register 1. Using Shockvoice commercially you have to register as a customer at Shockvoice GbR. The registration is made automatically by Shockvoice GbR after ordering. You will receive your access data via email after ordering. 2. You have to communicate changed mail or email addresses directly to Shockvoice GbR. 3. Shockvoice GbR reserved its right to decline registration or to cancel granted access, especially if your information about your identity is false. Shockvoice GbR will inform you directly via email. Registration will be declined or canceled in any case of abuse. §4 Royalties 1. The use of Shockvoice for private purpose is exempt from charges. This so called "Community Version" is restricted compared to the „Commercial Version“. The „Community Version“ offers a maximum of 500 Slots in 3 entity. It is allowed to install one „Community Version“ per person and server only. 2. For the use of Shockvoice as „Freehoster Version“ royalties have to be paid. The amount is calculated on the basis of monthly average use of slots. The price is published on the website www.shockvoice.net. The „Freehoster Version“ is restricted to a maximum of 5000 slots. It is allowed to install one „Freehoster Version“ per person and server only. 3. For the use of Shockvoice commercially as „Commercial Version“ royalties have to be paid. The amount is calculated on the basis of monthly average use of slots. The price is published on the website www.shockvoice.net. The „Commercial Version“ is not restricted in slots and entities. Shockvoice must be licensed for a minimum count of 100Slots resulting in a minimum fee of 6EURO exclusive VAT on a monthly base. 4. Shockvoice GbR draws up an account monthly. The invoice is digitally signed. Shockvoice GbR informs the licensee about a new invoice via email. 5. In case of delayed payment, interests according to § 247 Bürgerliches Gesetzbuch (Civil Code) shall be charged. Additionally the licensee has to pay dunning costs in a lump sum 2,50 Euro. 6. Licensee is only allowed to set claim off undisputed or established as final and absolute claims. §5 Exclusion of liability 1. Licensee knows Shockvoice and its technical capabilities. Licensor is not liable for errors, which are caused by licensee. Licensor is not liable for indirect or subsequent damages due to errors of Shockvoice. 2. Shockvoice GbR will not provide any support for add-on of Shockvoice by additional software, which is not created by Shockvoice GbR (so called „Plugins“). 3. Licensor will remedy deficiencies of Shockvoice as soon as possible. If it is not possible to fix an error or the delay is unacceptable or is declined as unjustified, licensee can terminate this agreement or reduce the royalty. 4. Warranty claim prescribe within a year. §6 Termination 1. This agreement is open-ended. This agreement can be terminated within 2 weeks notice at the end of a month. If this agreement is terminated validly a use of Shockvoice is no longer allowed. §7 Protection of privacy 1. Licensee consents to the use of information by Shockvoice GbR if they are necessary for Shockvoice. Necessary information are for example technical data of the computer, system software, registered peripheral devices. Informations are collected regularly and communicated to Shockvoice GbR in order to improve and to ease updates, support and billing. 2. Shockvoice GbR is only allowed to use these information if privacy of licensee is protected. 3. Shockvoice GbR is allowed to publish a blacklist, where licensees are listed who breach this agreement. In addition Shockvoice GbR will ban those licensees without further notice and without any refund. §8 Final provisions 1. For all controversies out of this agreement the District Court Marburg shall have jurisdiction. The applicable law shall be that of the Federal Republic of Germany. 2. Should a provision of this agreement be invalid or become invalid or should this agreement contain an omission, then the legal effect of the other provisions shall not thereby be affected. Instead of the invalid provision a valid provision is deemed to have been agreed upon which comes closest to what the parties intended commercially; the same applies in the case of an omission. 3. Any change of this agreement must be made in writing, no collateral agreements to this agreement have been made.
