This is an agreement between you as the acquirer and Jürgen Schatzke EDV Beratung & Programmierung (hereinafter referred to as "licenser"). For the Custom shapes collection the following terms of sale and licence apply:
The legal right of use for the Custom shapes collection 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 Custom shapes collection is copyrighted. Initiator is the licenser.
The custom shapes may be used privately and commercially for software projects, within websites and other graphic designs. The custom shapes from the examples file may not be used commercially prior to the purchase of the according custom shapes collection or bundle.
Modification of graphics:
The basic forms may not be changed. The forms may be combined and also be integrated into other graphic works. Any picture treatment to the individual creation is permitted. The copyright also remains after the picture treatment by the licensee. The use of the forms for the production of the graphics which serve mainly the passing on of the motives is not permitted.
The acquirer is authorised to copy the Custom shapes collection only for backup.
Apply within a network:
It is allowed to use the Custom shapes collection 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 Custom shapes collection 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 Custom shapes collection, 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 Custom shapes collection.
II. The acquirer is not entitled to sell or distribute copies of the Custom shapes collections or parts of the same, nor to allot sub-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 Custom shapes collection is basically free from manufacturing defects.
Any further warranty is definitely being excluded, particularly there is no warranty that the Custom shapes collection 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 Custom shapes collection.
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, 10. April 2012
Jürgen Schaetzke EDV Beratung & Programmierung
Tel.: 06206 / 157630