This is an agreement between you as the acquirer and Jürgen Schatzke EDV Beratung & Programmierung (hereinafter referred to as "licenser"). For the Icon Design Pack the following terms of sale and licence apply:
The legal right of use for the Icon Design Pack is only acknowledged if the terms of this licence are being accepted. The legal right of use is explicitly defined by the terms of this licence.
The Icon Design Pack is copyrighted. Initiator is the licenser.
The graphics from the Icon Design Pack are planned for the production of icons and graphics.
The icons and graphics originating from it may be used privately and commercially for own software projects, within websites and other graphic designs.
The acquirer is authorised to copy the Icon Design Pack only for backup.
Apply within a network:
It is allowed to use the Icon Design Pack within a network. The simultaneous multiplex use on various workstations within a network is allowed as well. It is not permitted though, to apply the Icon Design Pack within any other grouping of networks (WAN).
The usage of graphics as a trademark or a business logo is not permitted.
I. By passing-on the licence of the Icon Design Pack, the legal rights of use together with the terms of the licence as indicated above are being passed over to the purchaser. The original acquirer looses the complete legal rights of use for the Icon Design Pack and the products resulted from it.
II. The acquirer is not entitled to sell or distribute copies of the Icon Design Pack or parts of the same, nor to allot sub-licences.
I. The acquirer is not entitled to sell or distribute the icons and graphics originating from it, to expel or to assign licences.
The licenser warrants to the acquirers, in case they are consumers, for a time period of two years and to acquirers, who are enterprisers, for a time period of six months, from the day of delivery that the delivered Icon Design Pack is basically free from manufacturing defects.
Any further warranty is definitely being excluded, particularly there is no warranty that the Icon Design Pack is appropriated for the purposes and by the current state of the art of the acquirer.
The licenser is not liable for any damages occurring through modifications at the graphics.
The licenser is not liable for damages (including damages from lost profit, interruption of operation or any other financial loss). This does not apply if the damage was caused by act of gross negligence or intent or consists of the missing of a quality that was guaranteed by the licenser.
Liability for defect consequential damages is impossible, except they have been caused by the licenser by intent or gross negligence.
However, the liability of the licenser is limited to the actual amount paid by the acquirer for the Icon Design Pack.
Any compensation claims against the licenser are not transferable.
For this terms of the licence and its interpretation the German legal right of the Federal Republic of Germany applies.
Place of jurisdiction is Lampertheim, Germany, in case the acquirer is a merchant who has been entered as such in the commercial register.
Should one provision in this contract be or become ineffective, the validity of the remaining conditions is retained. The contracting parties bind themselves to replace the invalid provision with a provision that conforms the economical purposes of the contract.
Lampertheim, 28 September 2008
Jürgen Schaetzke EDV Beratung & Programmierung
Tel.: 06206 / 157630