PONS Online Dictionary license terms
LICENSE TERMS AND CONDITIONS
The License Terms and Conditions constitute a contract between you and PONS. Please read these Terms and Conditions. They apply for the software application that you download from the Windows Store and include all updates or extensions for the application, unless the application is provided with separate terms and conditions. In that case, those terms and conditions apply.
YOU ACCEPT THESE TERMS AND CONDITIONS BY VIRTUE OF DOWNLOADING OR USING THE APPLICATION OR ATTEMPTING TO DO SO. YOU MAY NOT DOWNLOAD OR USE THE APPLICATION IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS.
If you comply with these License Terms and Conditions you have the rights as stated in following.
1. INSTALLATION AND USAGE RIGHTS, PROCEDURE.
You may install and use a copy of the application on up to five (5) Windows 8-capable devices linked with the Microsoft account that is attributed to your Windows Store account. The application can be deleted from all devices on which you installed it, and all pertaining license rights end as soon as the next Windows 8 version is published, whereby this can also be a Release Candidate Version.
You receive a simple, non-exclusive right unlimited in time to use the application. This grant of the usage right does not imply any acquisition of rights going beyond this. We especially reserve all dissemination, replication and publication rights.
The usage right is restricted to the respectively acquired version, i.e. new versions must be newly licensed.
2. INTERNET-BASED SERVICES.
Approval for Internet-based services or wireless services. The application makes a connection with computer systems via the internet and for which a wireless network can also be used. By using the application, you agree to the transmission of standard device information (including but not restricted to technical information about your device, system and application software and peripheral devices) for Internet-based services or wireless services.
Misuse of Internet-based services. You may not use an Internet-based service in any way that could damage the service or impair use of the service or the wireless network by other persons. The service may in no case be used for attempting to gain unauthorised access to a service, data, an account or a network.
3. SCOPE OF THE LICENSE.
The application is licensed, not sold. With this contract you are only given some usage rights for the application. All other rights are reserved for the application developer. Unless you have more extensive rights by virtue of applicable law despite this restriction, you may not use the application in any way other than as permitted by this contract. You are not entitled to the following:
o Circumvent technical restrictions of the application.
o Reverse engineer, decompile or disassemble the application, unless (and only if) this is explicitly permitted by applicable law irrespective of this restriction.
o Produce copies of the application in larger numbers than stated in this contract or explicitly permitted by applicable law irrespective of this restriction.
o Publish the application or make it available in another way such that it can be copied by others. Or
o Rent, lease or lend the application.
If documentation is provided for the application, then you may copy and use this documentation for internal reference purposes.
5. TECHNOLOGY AND EXPORT RESTRICTIONS.
The application is subject to international technology transfer supervision, export control laws and regulations. You are obligated to comply with all national and international export control laws and regulations applicable for the technologies used or supported by the application. These laws stipulate restrictions with regard to destinations, end-users and end uses.
6. SUPPORT SERVICES.
Microsoft and your hardware manufacturers are not obligated to render support services for the application.
7. CONTRACT ENTIRETY.
This contract, all applicable data protection law directives and the provisions governing additions and updates constitute the entire contract between you and PONS for the application.
8. APPLICABLE LAW.
German law applies. If provisions of this contract or provisions incorporated into it at a later time should be wholly or partially legally invalid, the contract otherwise remains valid and invalid regulations shall be replaced with valid regulations to be agreed that correspond to the economic interests of the parties.
9. LAWFUL VALIDITY.
This contract describes certain statutory rights. You may possibly have further-reaching rights under the laws of your country. This contract does not change your rights given from the laws in force in your state if the laws of your state do not allow this.
10. EXCLUSION OF GUARANTEES.
The user is aware that applications/software programmes cannot be produced entirely free from errors. We are only obligated to warrant for such errors in the software that significantly diminish its worth or suitability for the contractually foreseen usage. The warranty relates only to material defects in products we deliver in the meaning of this contract. We are liable without limitation for damages caused due to deficiencies in title.
The statutory period of limitation on claims for defects is 2 years and begins with handover of the software. During this time all defects subject to the statutory warranty obligation will be remedied free of cost. Claims for defects are initially limited to subsequent fulfilment. Verbal or written statements about the suitability and application possibilities of our goods represent solely purchase advice and do not constitute assurances of characteristics.
We are liable for damages due to injury to life, body or health resulting from a negligent or wilful breach of duty, as well as for other damages founded in a wilful or grossly negligent breach of duty by PONS or in a wilful or grossly negligent breach of duty by a lawful representative or vicarious agent of PONS. Any liability beyond this for damages, irrespective of legal grounds, is excluded. This does not prejudice liability for damages due to the lack of assured characteristics or due to product liability law.
Liability for damages that are not injury to life, body or health is limited to such damages that may be typically expected to occur. This liability limitation also applies if PONS negligently breaches an essential contract duty.
It is the responsibility of the user to specify the place where the software is to be deployed and to select the suitable hardware/computer types. We assume no liability for this.
Status: July 2012
Tel. 0711 - 66 72 - 0
Managing Director: Gabriele Schmidt
Publisher: Dr. h. c. Michael Klett
Stuttgart First Instance Court
VAT ID No. pursuant to § 27 a German Turnover Tax Act: DE 158 239 610