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LICENSE TERMS AND CONDITIONS FOR MAGIX PRODUCTS (EULA)

1. SUBJECT MATTER OF THE CONTRACT:


MAGIX grants you (the customer) a non-exclusive license for the enclosed MAGIX
product. You are granted the right to use the purchased software as well as the
music and video files on a computer (with one CPU or on a multi-processor computer)
or in a network under the condition that access is provided on only one network
computer. If several network computers have access to the server, then a separate
license is needed for each network computer (workstation). MAGIX retains ownership,
copyright and other proprietary rights related to the software. You (the customer)
acknowledge the licensor's ownership as well as all proprietary rights to the
software, music and video files, backup copies, and documentation. The buyer of the
program is solely responsible for the proper contractual use of the licensed
programs.

The following applies concerning upgrades: Upgrades are more current or


supplementary versions of a MAGIX product (basic product), which are available at a
lower price. Only owners of the basic product are authorized to receive each
upgrade. Use of an upgrade depends on you being the owner and user of the basic
product. An isolated distribution of an upgrade to third parties is not permitted.

2. INSTALLATION
a. Together with the software you will receive an individual serial number which
you have to enter during installation. For download versions, an online activation
modified for your CPU, i.e. your desktop is also needed. If you don't have an
Internet connection, activation by fax or post is also possible. With the serial
number you can activate the software up to three times if this is necessary due to
hardware/CPU exchange. After this, MAGIX will make new activation codes available
for your new CPU/hardware upon request. In both cases it is a prerequisite that the
software is removed from your old hardware/CPU.

b. If a feature required a free or fee-based activation (e.g. codec activation),


then this activation can be made up to three times, if it is necessary due to
hardware/CPU exchange. If needed, MAGIX will provide you with additional activation
codes upon request. You are not entitled to additional free activation codes.
Activation via the Internet, fax or post is possible.

3. PROHIBITION TO COPY AND RENT/OTHER COMMERCIAL USE:


You are prohibited from copying the licensed program and the written documentation
either partially or in its entirety. Creation of a software copy for back-up
purposes is excluded from this provision.
The licensed program as well as the written documentation cannot be commercially
rented out or commercially lent in any other form to a third party in exchange for
payment. This also applies to lending of the software in a pre-installed form on a
computer that is commercially offered to third parties in exchange for payment.
Commercial use of the software is allowed as long it does not contradict points 1
to 6 of this contract.

4. TRANSFER AND SUB-AGREEMENTS:


The transfer of rights and obligations under this license contract to third parties
is only permitted on authorization from MAGIX with the exception of personal
transfer of the legally acquired MAGIX product by the rightful owner. In the case
of the ownership of the rightfully acquired MAGIX product being transferred in this
fashion, the original owner is obliged to destroy all back-up copies and to delete
the installation. Keep in mind the general limitation to three activations as
described in 2.b. during the transfer. If you require further activations, please
contact MAGIX. A transfer of a MAGIX product not delivered on a physical data
carrier (download version) is not permitted; an isolated transfer of the serial
number is specifically prohibited. No verbal or written statements made by MAGIX or
any MAGIX employee can alter or question the validity of this license agreement.

5. AMENDMENT PROHIBITION:
In accordance with 69 d, e UrhG (Copyright Act), you may not make any changes to
the licensed software, personally or via third parties. You may not disassemble the
software into its components, nor modify the object code, decompile, copy or use it
in any way other than that foreseen in the contract.

6. USE OF MUSIC, VIDEO AND PHOTO FILES:


The music, video and photo files included with MAGIX products may only be used
within the scope of producing personally created works to be used for non-
commercial purposes. This also applies to music, video or photo data acquired
through or by means of MAGIX products. Commercial use constitutes receipt of
financial benefits through direct or indirect use of the files (through sale,
licensing, ad banners, etc.) This applies to the music, video and photo files
included with the product "WebDesigner", "Web Designer Premium" and "Photo &
Graphic Designer" with the stipulation that these files may be used in the scope of
the purchaser's own commercial website. Transfer of these files to third parties
for commercial purposes is not permitted. Exploitation of these music, video and
photo files outside the scope of personally created works is illegal. Exploitation
of these music, video and photo files outside the scope of personally created works
is prohibited.

7. COMPENSATION FOR DAMAGES:


MAGIX is entitled to proprietary and copyright protection for the licensed software
as well as the music and video files. Anyone responsible for any violations against
such rights may be sued by MAGIX.

8. GUARANTEE AND LIABILITY:


a) You are aware that state of the art software programs and associated
documentation may contain errors, and that it is not possible to develop data
processing programs in such a way that they are error-free for all application
conditions and all customer requirements, or error-free in conjunction with all
third-party programs and hardware. MAGIX provides no assurances of particular
features and usability related to planned customer-specific applications.
b) If the programs and services are offered by MAGIX to the customer free of
charge, the guarantee against deficiency in material and defects in title is
limited to fraudulent concealment of defects by MAGIX in consideration of free
licensing of the product.
Otherwise, liability of MAGIX is limited to instances of premeditation and gross
negligence in consideration of the free licensing.
c) In the case of services provided in return for payment, MAGIX is liable for
financial losses incurred from contractual and non-contractual claims including the
incurrence of debt during contractual proceedings (on any legal grounds) solely to
the following extent:
- Contractual and non-contractual obligation to compensate for damages on the part
of MAGIX and its agents is given only in cases of violation of cardinal duties,
where the customer is particularly entitled to expect fulfillment. Exclusion of
liability does not apply to cases of bodily harm, intent and gross negligence.
- MAGIX's liability does not extend to contract-untypical and other unpredictable
damages. Liability for impairment/loss of saved data, lost profits and direct and
indirect consequential damage is expressly excluded, unless it can be proven that
MAGIX acted with intent or gross negligence. The user understands, that to avoid
damage and loss of your personal data it is strongly recommended to create regular
back-ups. MAGIX is therefore liable only for damages incurred by data loss only in
the presence of corresponding back-ups.
- In any event, MAGIX's liability is limited to four times the amount paid for the
license fee by the customer. This exclusion does not apply to damage caused through
intent or gross negligence on the part of MAGIX.
The Product Liability Law (ProdHaftG) applies as usual.

Deficiencies must be reported immediately on recognition and at the latest within


30 days. If within this period the customer establishes deviations between the
program and the program description, he/she is entitled to send the deficient
software back to the supplier and to demand appropriate corrective action. The
deficiency must be redressed within a reasonable period, which may also be effected
- at the discretion of MAGIX - through an appropriate replacement of the product or
program version with a comparable performance scope. If such redress (incl.
replacement) is not possible within a reasonable period or if the redress action
fails, the customer is then entitled to contract cancellation, conditional upon
destruction of all copies made, or a reduction in price as appropriate.
d) In relation to functions that operate using an Online Server, MAGIX guarantees
average server availability of 98% a year. This does not include times in which the
server is not available over the Internet due to technical or other problems not
under the sphere of influence of MAGIX (force majeure, third party defaults, etc.).
MAGIX explicitly does not vouch that the conditions outside the software are
available at all times and are indelible. MAGIX will, however, attempt to ensure
that the connection service is provided for the duration for the reasonably
expected software usage (life cycle), or at least four years following the
customer's purchase of the license.
MAGIX can temporarily limit or block access to the services, as long as this is to
provide public safety, network safety, maintenance of network integrity and
improved interoperability of the service, data protection, to counter spam or
computer viruses or to render operationally or technically necessary services. The
aforementioned limitations are exempt when calculating the stated service
availability.

9. LICENSE CONDITIONS OF OTHER MANUFACTURERS:


If the licensed product contains additional software, or should additional software
be integrated, then compliance with the use and license conditions of the
manufacturer of said delivered additional software is also compulsory. If the
licensed product contains additional software, you can view the appropriate use and
licensing terms in the file "Drittlizenzen.txt". This can be found in the main
directory of this disk or the root directory of the download.

10. SUPPORT:
Registered users receive electronic Internet support in the course of the warranty
period. The free support encompasses clarification of installation questions and
installation problems by Internet or email.

11. VALIDITY OF CONTRACTUAL CONDITIONS:


Should one or more of the conditions in this contract be or become invalid, this
will not affect the validity of the remaining contract. A substitute provision will
replace the invalid condition, such as comes closest to the intended purpose. Place
of performance for delivery purposes in Europe is Berlin. The contract is subject
to the laws of the Federal Republic of Germany.

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Licence agreement for simplitec products (EULA)

1. Contract purpose:
simplitec grants you (the customer) a non-exclusive licence for the enclosed
simplitec product. You are granted the right to use the purchased software on a
computer (with one CPU or on a multi-processor computer) or in a network under the
condition that access is provided on only one network computer. If several network
computers have access to the server, then a separate license is needed for each
network computer (workstation). simplitec retains ownership, copyright and other
proprietary rights related to the software. You (the customer) acknowledge the
licensor's ownership as well as all proprietary rights to the software, backup
copies, and documentation. The buyer of the program is solely responsible for the
proper contractual use of the licensed programs.
The following applies concerning upgrades: Upgrades are more current or
supplementary versions of a simplitec product (basic product), which are available
at a lower price. Only owners of the basic product are authorized to receive each
upgrade. Use of an upgrade depends on you being the owner and user of the basic
product. An isolated circulation of an upgrade to third parties is not permitted.

2. Installation:
a. Together with the software you will receive an individual serial number which
you must enter during installation. For download versions, an online activation
modified for your CPU i.e. your desktop, is also needed. If you do not have an
Internet connection, activation per fax or post is also possible. With the serial
number you can activate the software up to three times as this is necessary due to
hardware/CPU exchange. After this, simplitec will make new activation codes
available for your new CPU/hardware upon request. It is prerequisite that the
software is removed from your old hardware/CPU.
b. If a feature required a free or fee-based activation (e.g. codec activation),
then this activation can be made up to three times, if it is necessary due to
hardware/CPU exchange. If needed, simplitec will provide you with additional
activation codes upon request. You are not entitled to additional free activation
codes. Activation via the Internet, fax or post is possible.

3. Prohibition of copying and renting/other commercial use:


You are prohibited from copying the licensed program and the written documentation
either partially or in its entirety. Creation of a software copy for back-up
purposes is excluded from this provision. The licensed program as well as the
written documentation cannot be commercially rented out or commercially lent in any
other form to a third party in exchange for payment. This also applies to lending
of the software in a pre-installed form on a computer that is commercially offered
to third parties in exchange for payment. Commercial use of the software is
allowed, as long as it does not contradict points 1 to 6.

4. Transfer and sub-agreements:


The transfer of rights and obligations under this licence contract to third parties
is only permitted on authorization from simplitec with the exception of personal
transfer of the legally acquired simplitec product by the rightful owner. In the
case of the ownership of the rightfully acquired simplitec product being
transferred in this fashion, the original owner is obliged to destroy all back-up
copies and to delete the installation. Keep in mind the general limitation to three
activations as described in 2.b. during the transfer. If you require further
activations, please contact simplitec. A transfer of a simplitec product not
delivered on a physical data carrier (download version) is not permitted; an
isolated transfer of the serial number is specifically prohibited. No verbal or
written statements made by simplitec or any simplitec employee may alter or bring
into question the validity of this license agreement.

5. Amendment prohibition:
In accordance with 69d & e UrhG (Copyright Act), you may not make any changes to
the licensed software, personally or via third parties. You may not disassemble the
software into its components, nor modify the object code, decompile, copy or use it
in any way other than that foreseen in the contract.

6. Compensation for damages:


simplitec is entitled to proprietary and copyright protection for the licensed
software. Anyone responsible for any violations against such rights may be sued by
simplitec.
7. Guarantee and liability:
a) You are aware that state of the art software programs and associated
documentation may contain errors and that it is not possible to develop data
processing programs in such a way that they are error-free for all application
conditions and all customer requirements, or error-free in conjunction with all
third-party programs and hardware. simplitec provides no assurances of particular
features and usability related to planned customer-specific applications.
b) If the programs and services of simplitec are offered to the customer free of
charge, the guarantee against deficiency in material and defects in title is
limited to fraudulent concealment of defects by simplitec in consideration of free
licensing of the product.
Otherwise, simplitec's liability is limited to instances of premeditation and gross
negligence in respect to free licensing.
c) In the case of services provided in return for payment, simplitec is liable for
financial losses incurred from contractual and non-contractual claims including the
incurrence of debt during contractual proceedings (on any legal grounds) solely to
the following extent:
- Contractual and non-contractual obligation to compensate for damages on the part
of simplitec and its agents is given only in cases of violation of cardinal duties,
where the customer is particularly entitled to expect fulfillment. Exclusion of
liability does not apply to cases of bodily harm, intent and gross negligence.
- simplitec's liability does not extend to contract-untypical and other
unpredictable damages. Liability for impairment/loss of saved data, lost profits
and direct and indirect consequential damage is expressly excluded, unless it can
be proven that simplitec acted with intent or gross negligence. You accept that
regular and conscientious production of backup copies is required to avoid damages
and the loss of personal data. simplitec shall only be liable for damages resulting
from loss of data which would also have occurred in the presence of corresponding
backup copies.
- In any event, simplitec's liability is limited to four times the amount paid for
the licence fee by the customer. This exclusion does not apply to damage caused
through intent or gross negligence on the part of simplitec. The Product Liability
Law (ProdHaftG) applies as usual.
Deficiencies must be reported immediately on recognition and at the latest within
30 days. If within this period the customer establishes deviations between the
program and the program description, he/she is entitled to demand appropriate
corrective action. The deficiency must be redressed within a reasonable period,
which may also be effected at the discretion of simplitec through an
appropriate replacement of the product or program version with a comparable
performance scope. If such redress (incl. replacement) is not possible within a
reasonable period or if the redress action fails, the customer is then entitled to
contract cancellation, conditional upon destruction of all copies made, or a
reduction in price as appropriate.
d) In relation to functions that operate via an Online Server, simplitec guarantees
average server availability of 98% a year. This excludes intervals during which the
server cannot be accessed via the Internet due to technical or other problems which
cannot be influenced by simplitec (force majeure, third-party responsibility,
etc.). simplitec cannot vouch that conditions external to the software shall be
available permanently and at all times. simplitec will nevertheless strive within
the scope of reason and the natural lifecycle of the product, i.e. at least four
years and as far as reasonable and within the regular term of use (lifecycle) of
the software after the customer's purchase of the license, to provide this
connection. simplitec may temporarily restrict or suspend this service if deemed
necessary for public safety, security of network operations, maintaining network
integrity, interoperability of the services, data privacy, combating spam or
computer viruses or to perform operationally necessary or technical work. The
aforementioned limitations are exempt when calculating the stated service
availability.
8. Licence conditions of other manufacturers:
If the licensed product contains additional software, or should additional software
be integrated, then compliance with the use and licence conditions of the
manufacturer of said delivered additional software is also compulsory. If the
licensed product contains additional software, you can view the appropriate use and
licensing terms in the file "Drittlizenzen.txt". These can be found in the main
directory of this disk or the root directory of the download.

9. Support:
Registered users receive electronic Internet support during the warranty period.
The free support encompasses clarification of installation questions and
installation problems by Internet or email.

10. Validity of contractual conditions:


Should one or more of the conditions in this contract be or become invalid, this
will not affect the validity of the remaining contract. A substitute provision will
replace the invalid condition, such as comes closest to the intended purpose. Place
of performance for delivery purposes in Europe is Berlin. The contract is subject
to the law of the Federal Republic of Germany.

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