

License Agreement and Terms & Conditions "Holiday Extras Photo Shop"

License Agreement and terms regarding the installation and use of the software application “Holiday Extras Photo Shop” (Software), published by authorized cewe-photo-provider . 

End User License Agreement and Terms & Conditions

THESE GENERAL TERMS & CONDITIONS PRESENT A LICENSE AGREEMENT BETWEEN THE LICENSEE (YOU) AND authorized cewe-photo-provider  AND ITS SUPPLIER CEWE COLOR AG & CO OHG (Oldenburg, Germany, Meerweg 30-32, D-26133 Oldenburg), WHO IS THE AUTHOR AND PROPRIETOR OF THE INTELECTUAL PROPERTY AND DEFINE THE TERMS & CONDITIONS (THE "AGREEMENT"). ADVICE FOR THE USER: THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT THE TERMS OF THE LICENSE (AGREEMENT).

All Software remains the property of Cewe Color AG & Co OHG and You also acquire a single user licence to use the Software under the following terms:

1 All worldwide trademarks, the copyright and patents in and to the Software, Product and Content are and remain owned solely by Cewe Color AG & Co OHG, its successors, assigns and/or licensors.

2 You may make a reasonable number (maximum of three) of backup copies on removable media of the Software for use by You only. Any copyright notices must be reproduced on all backup copies. No other backup copies may be made. 

3 The Software and any documentation supplied in the Product shall not be adapted, modified, decompiled or disassembled in any way or translated into any other computer or foreign language either in whole or in part or be reproduced in any way whatsoever.
4	LICENSEE’S OBLIGATIONS AND TERMS & CONDITIONS

4.1 You accept, that You can use the Software only to order prints and to transfer digital images to a photo lab and to view, edit and manage Your own image files on a computer. You confirm herewith, that You are entitled to transmit and print the images and that You own all copyright in the pictures that you transmit through this Software. You agree that you will only use the services of  authorized cewe-photo-provider in a manner that is consistent with the Terms of this Agreement and in a way that complies with all applicable laws and regulations.

4.2 You alone accept your full liability for the data posted or transmitted through this Software. You accept to abstain from storing, posting or transmitting through this software any material to which you have no rights. You are responsible for the content of photos transmitted by you through this Software and agree to indemnify, defend and hold harmless authorized cewe-photo-provider, its officers, directors, employees, agents, licensors, suppliers and any third party and providers to  authorized cewe-photo-provider from and against any or all losses, expenses, damages and costs including legal fees resulting from any violation of this Agreement, or any activity relating to your account by you or any other person accessing the Software or  authorized cewe-photo-provider services through your account. 

4.3 You accept not to use the Software to edit, manage or transmit any images containing offensive language or imagery, or anything obscene, illicit, criminal, pornographic, sexually inciting, threatening, harassing, extremist or defamatory.  

4.4 You will make no attempts to hide your individual identity when posting photos through this software application. An email address alone is insufficient for these purposes. 
  
4.5 You are responsible for, and must use Your best efforts to ensure that no other person breaks the terms & conditions of this agreement. To the extent to which Your use, or the use by any person who may be authorised by You, or for whom You are responsible (for example, your child) causes damages or loss to any person, you agree to indemnify us immediately on demand in relation to such losses or damages, including any legal costs, that may arise from such use. 
  
4.6  Authorized cewe-photo-provider and its suppliers claim no ownership of Your personal photos. You hereby grant us a non-exclusive, royalty-free, fully-paid perpetual licence to use, download, upload, copy, print, display, reproduce, post, transmit and distribute these photos in the normal course of our business.
  
4.7 You acknowledge that, with the exception of any photos posted by You on the  authorized cewe-photo-provider Website, any intellectual property in the remaining content of the  authorized cewe-photo-provider Website (including photos posted by third parties) belongs to us or our licensors.

4.8 If You wish to transfer the licence to use the Software to any other party, You must transfer the Original Product as well and its original contents together to the same party and may not transfer part only. Upon transfer You shall destroy all backup copies made by Yourself and shall delete from Your computer(s) all files installed from the Product. The Licensee shall ensure that the terms of this Licence Agreement are drawn to the attention of any transferee and any transferee shall upon acceptance of the Product become subject to this Agreement.

5	LIMITED WARRANTY
 authorized cewe-photo-provider warrants that the Software in the package will substantially carry out the functions described in the Help but does not warrant that it is free of errors or bugs.  No further warranty is given.  In no event shall  authorized cewe-photo-provider's maximum liability, under any circumstances whether based on action or claims in contract or in tort (including without limitation negligence and strict liability) exceed the purchase price of the Software or the print order.

6	SERVICE

6.1 All orders are final and subject to availability of goods. As photos are personalised material, they cannot be returned unless quality or damage in transit is at issue. Please contact us at OPS2@photoprintit.de if You are not satisfied with Your order. We are also unable to cancel or amend any order after it has been made. 
  
6.2  authorized cewe-photo-provider does not accept liability for loss or damage suffered due to a delayed delivery of the item/s, whether this loss is caused by us or by a third party. We strive to dispatch orders within one week, but are under no obligation to do so. Our dispatch audit systems serve as proof of posting. If an order becomes lost in the postal system, we will resend the order once 10 working days has passed since we dispatched the items. Should the second package dispatched also become lost our liability ceases. If we have sent Your order again and either package is returned to us for non collection from a sorting office or incorrect/incomplete address provided then the postage cost of this order is payable again. Orders shipped to an address outside the European Union are final (except for quality issues) and we cannot be held responsible for non-delivery of these items. 
  
6.3  Authorized cewe-photo-provider and its providers aim to process Your order within a few days but cannot be held responsible for any delays. We do not accept responsibility for any loss or delay caused if an incorrect/incomplete address has been provided. In the event that Your original order is lost in the post, we agree to fulfil the order again if You retransmit the digital image files. 

6.4 The internet is an open network and  authorized cewe-photo-provider and its suppliers strive to protect Your data and identity and hold a pedigree of successful fulfilment.  Authorized cewe-photo-provider cannot guarantee the protection of Your digital images during the transmission process over the internet or that third parties may not be able to access the data.

7 	DISCLAIMER AND REMEDIES
This Software and its related services have been designed for a wide variety of functions and users.   Authorized cewe-photo-provider is not in a position to predetermine what You will try to do with it.  Therefore, the sole liability of  authorized cewe-photo-provider in respect of the Software is as set out in Paragraph 

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES OF NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE, THE PRODUCTS AND ALL ACCOMPANYING WRITTEN MATERIALS. THE SOFTWARE IS LICENCED AS IS AND IN NO EVENT SHALL  authorized cewe-photo-provider OR CEWE COLOR AG & CO OHG OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR OTHER) DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY OR OTHER LOSS DAMAGE OR HARM, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE AND/OR PRODUCTS, EVEN IF  authorized cewe-photo-provider HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or the excluding or limiting implied warranties. As a result, the above limitations and/or exclusions may not apply to You. Furthermore, some jurisdictions have statutory customer provisions which may supersede this section of the Licence Agreement.

8	This Licence Agreement and the Terms & Conditions shall be governed by the laws of Germany , excluding the United Nations purchasing rights.

9	U.S. Government Restricted Rights.  The Product is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in sub-paragraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or sub-paragraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Cewe Color AG & Co OHG.

10	REMEMBER
This document copyright ©  authorized cewe-photo-provider 2004, all rights reserved.  Authorized cewe-photo-provider is entitled to edit and amend the Agreement and the Terms & Conditions at any time. You accept to adhere to new Terms from the moment You receive notification.
 
  

