Licensing terms and terms of use for the software X-Pire!
Definitions
For the following licensing terms, key terms are defined as follows:
X-Pire! The browser plugin or software X-Pire!
Object of the contract: The use of software X-Pire! (X-Pire!)!
Licensor: X-Pire! GmbH, Science Park 1, 66123 Saarbruecken, Germany
End user: The human person, who installs or uses X-Pire!
Content item: Encrypted data, e.g. photographs, illustrations, etc. that are uploaded by using the encryption function of X-Pire!
Validity period: the period in which the content item can be decrypted by X-Pire!
Terms of Use
X-Pire! gives end users the opportunity to publish content items only for a certain validity period and to automatically revoke content items under certain conditions.
However X-Pire! and the licensor cannot absolutely guarantee privacy of the end user on the Internet, even if the content item is permanently encrypted.
By displaying content items on social networks and other internet sites, content items are automatically decrypted by third parties during the validity period. In decrypted state, content items can be copied, e.g. by making a screen-shot.
Nevertheless X-Pire! reaches a generally much higher level of privacy protection than usually achieved by publishing private content items on social networks. Due to the systemic nature of X-Pire! it cannot protect against targeted attacks during the validity period. Against this background, licensor grants a license to the end user under the following conditions:
Copyright
The Licensor grants the end user, a simple, non-transferable, non-exclusive, unrestricted right to use X-Pire!. The copyright covers the installation on any number of computers. The licensor provides X-Pire! in digital form to the end-user.
Copyrights - Intellectual property
The Licensor reserves all other rights to X-Pire!. X-Pire! was created using programming tools (tools), whose work results may be distributed only by providing the names and the corresponding applicable licenses of the programming tools used. The rights to the code of the programming tools themselves are held by their respective copyright owners. X-Pire! was created incorporating the following licenses:
<dl> <dd>
Programming Tool |
| Applicable License: |
Scala |
| |
Lift |
| |
PostgreSQL |
| |
reCaptcha |
| http://www.google.com/recaptcha/terms |
reCaptcha Library |
| |
Java |
| http://www.java.com/de/download/license.jsp |
Gecko SDK |
|
</dd></dl>
Code which is so marked was produced using the respective specified tool.
Libraries being used in X-Pire! are listed and named on the website of X-Pire! .
Code and libraries that are not explicitly identified and named shall be entitled to the sole copyright of the licensor and is protected by copyright laws, international treaties or other national laws. The end user receives no further right to X-Pire! than described under article 1 of these terms. The term "X-Pire" is trademark protected in Germany.
Other restrictions
End user is not authorized to rent or lease X-Pire! to third parties or to distribute in any form or publish it. The end user is not entitled to be process, X-Pire! by reverse development or otherwise, especially not by decompiling or reverse engineering, unless this is expressly permitted by applicable law.
Data collection - Data Protection
Licensor attaches great importance to protecting the privacy of the end user and his data. All content items posted to the Internet by using X-Pire! will be encrypted. Licensor guarantees anonymity in the use of X-Pire!.
Apart from billing and accounting related information, licensor will not obtain any personal information about the end user and his use of X-Pire!. If - in any case - X-Pire! exceptionally provides personal data to licensor, licensor will always collect, process and store personal data under the German data protection provisions of the BDSG and TMG.
User accounts
End user has to create a X-Pire! user-account by using merely an e-mail address and a freely chosen password.
For using X-pire! the end user has to book a flat rate. The price of the flat rate results from the price list of the licensor valid during the time of the initial booking of the flat rate. The price list can be accessed on the licensors website.
The flat rate has a term of 90, 180 or 360 days and terminates automatically at the end of its valid period. One exception is the payment method "PayPal - recurring payments with subscription". In this case the flat rate will be renewed automatically for another number of days matching the first subscription. The end user has the possibility to cancel this subscription any time in his PayPal account.
A flat rate purchased by end user for the use of X-Pire! is not transferable to other user accounts.
On loss of E-mail address further use of a flat rate within a X-Pire! user account is no longer possible. Purchased flat rates do not expire, but are no longer accessible when losing the used E-mail address.
Program changes
As part of the license end user receives no adaptation right.
Copyright notes, serial numbers and other identification features of the program may not be removed or modified. The same applies to a suppression of the screen display of such features.
Removal of copy protection mechanisms or similar is prohibited.
Third party rights and defects liability
Licensor warrants that X-Pire! does not infringe rights of third parties.
The defects warranty does not apply to defects caused by the fact that the X-Pire! is used in a hardware and software environment that does not meet those requirements given on the website of X-Pire!. Licensor disclaims any further responsibility, especially the implied warranty for a particular purpose.
The Licensor makes no representation that X-Pire! and the systems used to decrypt the content items will be available in the future without such restrictions. In particular, no availability of the decoding functions of X-Pire! are being guaranteed. Licensor explicitly points out that the availability of the decryption functions and performance of X-Pire! depend on the end user's Internet connection to the servers of the Licensor.
Licensor makes no representation that the encryption of content items with X-Pire! continue to be effective even with future changes in environments (eg Facebook, etc.) to which those content items are being uploaded.
Licensor does not makes no representation that the encryption of content items with X-Pire! continue to be effective in future browser version other than those X-Pire! was designed for.
However, licensor tested functionality of X-Pire! in browser versions available during respective release date of X-Pire!.
Liability
End users claims against licensor for damages or compensation for futile expenses are based without regard to the nature of the claim under the following provisions.
For damages resulting from loss of life, body or health caused by an intentional or at least negligent act of licensor or of an agent of licensor, licensor has unlimited liability.
For other damages, based on other misconduct by licensor, licensor shall be liable only to unlimited extent if a guaranteed quality is not met or willful misconduct or gross negligence of the licensor is given. For actions of agents of licensor, licensor shall be liable only to the extent of liability for ordinary negligence.
For damages caused by negligence of licensor, licensor shall be liable only where an obligation of special importance or a separately agreed purpose of special importance (cardinal contractual duty or obligation) is violated. Breach of such a cardinal contractual obligation, the liability shall be limited to those damages that can be typically expected to arise in the context of licensing.
Licensor's liability for negligent data loss is limited to the amount of the typical cost of restoration, which would have occurred with regular backup copies. This is particularly true for the case where the secured content items should be defaced the end of the validity period on the basis of a program error of X-Pire!. End User assures to create backup copies of content items prior to encrypting them with X-Pire!.
The above provisions also apply to the employees of licenser. The Licensor's liability under the Product Liability Act of Germany remains unaffected (§ 14 ProdHG).
Licensor is not liable for actions of third parties that are not connected to licensor. Content items encrypted with X-Pire! can be copied or downloaded as soon as they are decrypted in the browser.
Digital copies of the content are not protected by X-Pire! and can be re-published and displayed on the web even after expiry of the validity period. They do not expire.
A digital copy can be produced by making a screenshot. The resulting files are not subject to protection by X-Pire! and do not expire.
Licensor shall not be liable for any loss of credits, which can only occur by losing access to the user account of the end user.
Final Provisions
The end user acknowledges these license terms and terms of use. He had the opportunity to comment on their content in an acceptable manner. If the end user uses himself general terms and conditions for the licensing of software, they are hereby rejected. All agreements that change, amend or clarify these license terms, as well as specific guarantees and agreements must be declared in written form. If they are declared by representatives or agents of the licensor, they are only binding if the licensor has given his written consent.
Regarding all legal relationships arising from these terms, licensor and end user chose the application of the law of the Federal Republic of Germany excluding the UN convention for the international sale of goods (CISG).
If end user is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive courts of jurisdiction shall be the courts at the residence of the licensor in Saarbruecken, Germany. The licensor is also entitled to take action at the place of performance or at the place where any related services are executed.
If a conflict between the provisions in the German and English version of these license terms and terms of use arises, the German version shall prevail.