End User License Agreement (EULA)

Contractual provisions:
This EULA concerns the granting of a license for the software product to be used by
you as well as any related online services by Ashampoo.

1. Definitions:
I. Ashampoo – refers to Ashampoo GmbH & Co. KG and its sister companies Ashampoo
Technology GmbH & Co. KG, Ashampoo Development GmbH & Co. KG and Ashampoo Systems
GmbH & Co. KG, with its registered office at Schafjückenweg 2 | 26180
Rastede/Germany and all other companies of the group.
II. Terms and Conditions – means the General Terms and Conditions of Ashampoo.
See www.ashampoo.com. As stated below, these terms and conditions apply in addition
to and supplement the provisions of this EULA. In the event of contradictions
between the two sets of rules, this EULA shall apply.
III. Custumer – means a contractual partner of Ashampoo, i.e. both consumer and
entrepreneur.
IV. License period – begins as soon as you have activated the software or
received a software key.
V. Multiple use – means the simultaneous storage, the simultaneous retention and
any other simultaneous use of software on several digital devices as well as any
use of such software for which special licenses for multiple use are granted in
accordance with the respective product information.

If you have any questions about the products, their services or these terms of use,
please visit www.ashampoo.com or contact

Ashampoo GmbH & Co. KG

Schafjückenweg 2 | 26180 Rastede/Germany
E-Mail: [email protected]
Phone: +49 4402 9739-200*
Fax: +49 4402 9739-409

2. Grant of the License

I. Ashampoo grants you a non-exclusive and non-transferable right to use the
software for the duration of the agreed license period, subject to any restrictions
contained in this EULA or in the Terms and Conditions.
II. If you have agreed to an automatic renewal of your license, the license
period will automatically be renewed at the then effective list price.
III. The termination or expiration of the license granted under this Agreement
will immediately end your right to use the software and the updates and upgrades.
You must delete the software as well as all backup copies from your digital device.

3. Usage
Access to the software is only permitted via the sources provided and approved by
Ashampoo. You are obligated not to access the software in an unauthorized manner,
e.g. by using unlicensed software clients.
The software may be protected against digital duplication and/or license abuse.
Access to the online services and features of this software may require an Internet
connection, an Ashampoo account, the installation of the Connect Client software as
well as the activation of a product license.
Unless otherwise contractually agreed, the use of the software is limited to one
digital device. For this purpose, you can use any available digital device that
meets the system requirements and for which the license has been granted. If you
change the digital device, the software must be removed from the digital device on
which it was previously installed before it is reinstalled on another digital
device. For software whose product information provide for special licenses for
multiple use, multiple use is only permitted to the extent that you have purchased
the corresponding type or number of licenses and received them from Ashampoo.
The software shall not be passed on to third parties without the consent of
Ashampoo. In the context of the case law on used software, consent is hereby
granted under the following conditions:
 You transfer the software permanently.
 All associated files, including the installation program, must be passed on.
 The software must be unchanged.
 You may not remove any product information, copyright or other proprietary
notices from Ashampoo.
 The recipient must in turn accept these Terms of Use.
 You cease using the software and do not retain any copies or other materials.
Both must be permanently deleted.
 Each transfer of the software must include the latest update as well as all
previous versions.
 The transfer takes place only in individual cases and not on a commercial
scale.
You are not permitted to revise the software, reverse engineer it, convert it into
another form of expression, decompile it, disassemble it, create any derivative
work(s) of it, or otherwise attempt to discover the source code of the software.

4. Copyright
Ashampoo hereby grants you a non-exclusive, non-transferable, non-sublicensable,
non-commercial and personal license to install and/or use the software (in whole or
in part)(the ‚license‘), until one of the parties terminates the contractual
relationship or until its possible time limit expires. There is no transfer of
ownership. This is not a sales contract. Updates, patches and similar changes may
be necessary in order to continue using the software on certain hardware.
All proprietary and ownership rights and all intellectual property rights relating
to the software (including, but not limited to, all texts, graphics, music or
sounds, all messages or information, names, themes, objects, effects, dialogues,
slogans, places, diagrams, concepts, videos, audio-visual effects, domain names and
all other elements belonging to the software, individually or in combination) and
all copies thereof, are and remain the property of Ashampoo or its licensors. The
software is protected by national and international laws, copyright treaties and
agreements as well as other laws. This software may contain licensed materials and
in this case, Ashampoo’s licensors may protect their rights in the event of a
breach of this Agreement. Any duplication or reproduction of these licensed
materials in any way and for any reason without the prior consent of Ashampoo and,
where applicable, Ashampoo’s licensors and representatives, is prohibited. With the
exception of the cases expressly provided for in this EULA, all rights not
conferred on you by this Agreement are expressly reserved by Ashampoo. This license
does not transfer any claims or ownership rights to the software.

5. Right of Modification
Ashampoo reserves the right to make product changes, updates and revisions at its
own discretion in order to further develop, improve and adapt the software to
changing commercial and technical requirements. The equivalence of the
performance/software is ensured. Modified, updated or revised software is subject
to the terms of this License Agreement. There is no obligation to provide updated,
modified or revised software.

6. Liability for defects

I. Ashampoo warrants remedy of defects that occur and are reported in a
documented, verifiable form if and to the extent that the contractual or ordinary
use is impaired.
II. If the defect cannot be remedied within a reasonable period of time, you are
entitled, in accordance with the statutory provisions, to withdraw from the
contract or at your discretion to reduce the purchase price and to demand
compensation for damages or expenses. The defect can also be remedied by handing
over a new version of the program or a work-around. If the defect does not or only
insignificantly affect the functionality, Ashampoo may, to the exclusion of further
claims for defects, remedy the defect by providing a new version or an update as
part of its version and update planning.
III. Ashampoo’s obligation contained in section 6.1. does not apply if and to the
extent that the reported error is due to changes or additions to the LICENSED
SOFTWARE or its improper handling or installation by you and/or your custumers or
third parties.

7. Liability
I. With the exception of liability under the German Product Liability Act
(“Produkthaftungsgesetz”) and on the grounds of injury to life, body or health,
Ashampoo’s liability is limited or excluded as defined below.
II. In case of negligence, Ashampoo’s liability is limited to the compensation of
the typical foreseeable damage. However, in the event of slight negligence,
Ashampoo shall only be liable if an obligation is breached, whose fulfilment is a
prerequisite for enabling the proper execution of the contract in the first place
and, in particular taking into account the interests of both parties in the
contract territory, on whose compliance you can trust.

8. Final provisions
I. The law of the Federal Republic of Germany applies to contracts between the
provider and the customers, to the exclusion of the UN Convention on Contracts for
the International Sale of Goods. The statutory provisions on the restriction of the
choice of law and the applicability of mandatory regulations, in particular in the
state in which the customer has his habitual residence as a consumer, remain
unaffected.
II. If the costumer is a merchant, a legal entity under public law or a special
fund under public law, the place of jurisdiction for all disputes arising from
contractual relationships between the customer and the provider is the provider’s
registered office.
III. Even in case of legal ineffectiveness of individual points, the contract
remains binding in its other parts. Instead of the ineffective points, the
statutory provisions, if any, apply. However, to the extent that this would
constitute an unreasonable hardship for one of the parties, the contract becomes
ineffective in its entirety.
eu/consumers/odr