Extended License Terms for “Cinector STAGE”
In the case that the customer and Digital River GmbH, with their seat in Cologne, enter into a contract governing the provisioning of the software “Cinector STAGE” (hereinafter referred to as the “Software”) via the shareit platform, the General Terms and Conditions of Digital River GmbH shall apply. Furthermore, the customer shall observe the following License Terms when using the software. By submitting the customer’s declaration of intent, the customer shall consent to these License Terms. In the case of a contradiction between these License Terms and the General Terms and Conditions of Digital River GmbH, the provisions of the General Terms and Conditions of Digital River GmbH shall have priority.
- User Account and License
- The software shall be usable only with an active license, i.e. a license that is related to a user account. The respective registered customer shall be permitted to exclusively use the user account. The data indicated upon the registration for a user account shall be accurate. Each user shall be permitted to open only one user account.
- It shall be possible to open a user account regarding the software either at the website of the software developer (cinector.com) or when purchasing the license regarding the usage of the software at the shareit platform. In the latter case, the email address indicated for the purchase as well as other data (name, invoice address, contact information) shall be used for the user account.
- Scope of Use
- Prior to the purchase of a license to use the software, the customer shall examine the software and ensure that that the customer complies with the requirements of the software indicated in the product description (e.g. regarding hardware and software environment).
- The customer shall acknowledge that in general, the customer shall not have any right to decompile, disassemble, extract or otherwise reverse engineer the software and any included material (media elements). Any possibly existing statutory rights to decompile the software shall remain unaffected thereby.
- The customer shall be solely responsible for all contents that the customer includes in the software and that the customer creates by means of and for the software. In addition, the customer shall undertake not to process with the software any contents that are protected by copyrights, trademark rights or other protective rights for the benefit of a third party and to which the customer does not have a right of use, or that are unlawful or unethical, or that refer to such unlawful or unethical contents. This shall include in particular contents that serve for inciting hatred and violence against segments of the population or that are publishing insults against them, that incite or invoke to commit criminal offences, that glorify or trivialise violence (within the meaning of Sections 130, 130a, and 131 of the German Criminal Code [Strafgesetzbuch, StGB]), that are sexually offensive, or pornographic within the meaning of Section 184 of the German Criminal Code, or that are likely to morally endanger children or young persons or to impair their well-being.
- The customer shall keep identification features of the software as well as potentially existing watermarks both in the programme and also in the created and rendered forms of media and may not remove them or make them unrecognisable.
- The customer shall delete in a non-recoverable way versions of the software installed on any hardware before selling or disposing of the hardware.
- The customer shall not make the software and existing login data regarding his user account available to unauthorised third parties. The customer shall take suitable measures for the protection of the account data, the software as well as any other included materials and information.
- The software will autonomously perform an automated validation of the license at regular intervals. In this way it will be ensured that it is original software and that this software is used within the scope of the provisions of the General Terms and Conditions as well as these License Terms.
- Trial Period
- If the customer was granted a trial period for the usage of the software free of charge, this trial period shall commence when the user account is created and shall end upon the expiration of 30 days or as soon as a purchased license for that user account is activated before the expiration of this trial period.
- Any commercial use of the software during the free-of-charge trial period shall be prohibited.
- If the customer purchases a license for the usage of the software during or after the duration of a trial period, the customer shall be permitted to accordingly continue the usage of the software. In the course of this, the contents created during the trial period shall also be released for commercial use.