Terms and Conditions
software.thomasjacob.de ("This Site") is a web site that provides freeware and shareware software ("Software"), mostly for the Microsoft Windows operating system, for download, as well as it sells licensing key codes ("Licenses") for permanent use of the shareware software. All Software on This Site is copyright (C) 2017 Thomas Jacob, Hamburg, Germany (the "Author").
Please always have a look at This Site for the most recent version of the Terms and Conditions, which apply to you.
You may only download, keep, use, copy, and distribute Software, and/or purchase a License if you have read, unterstood, and fully agree with all of these Terms and Conditions.
You may copy and redistribute all Software distributions on This Site in the original, unmodified form only, and you may not take a charge for it, except maybe for the physical act of producing the copy. If you do so, then you may not remove from, add to, or modify any part of the distribution, neither source code, object code, executables, the terms and conditions, nor any other content. The Terms and Conditions as well as any other part must always be included in the distribution. No part of the distribution may be separated from the rest of the distribution, nor may a part of the distribution or the whole distribution be placed into any other software, unless otherwise permitted in writing.
Some of the Softwares are distributed as shareware. You may keep the distribution of such Software as long as you like, but when you first use the Software, your evaluation period begins and lasts 28 calendar days from that point. During the evaluation period, the Software does not provide its full functionality and/or prevents you from using it in its entirety. When your evaluation period is over, you must purchase a Licensing key code for the Software or stop using the Software. Before you may use the Software again, you must have purchased a valid License for it. After the evaluation period is over, there will be no further evaluation period for you, neither after reinstalling the Software, nor when using it on another computer.
You can purchase a Licensing key code on the Purchase page of This Site, or by following the Purchase links on the detail pages. Thereby, you will be forwarded to the secure web pages of the payment provider PayPal. After having fully paid for the License, you will receive an email containing your personal key code for the Software. From that point, you may use it even after the evaluation period is over. No media is sent, you will only receive the key code in the email. All shareware Software available on This Site works both to evaluate and to finally use the Software after having purchased the License. A single user License allows you to use the Software on no more than one machine concurrently. To use the Software on multiple machines at the same time, you have to purchase a License for the respective number of users. For private customers, the License is personal, it is valid only for the purchaser, and it is not transferrable. For business customers, the License is issued to the purchasing company, it is valid only for the company and its employees, and it is not transferrable as well.
Some of the Softwares of This Site are software libraries that cannot be used separately, but in combination with other software. For these libraries, the following clauses apply in deviation from the above.
There are only two ways to copy and distribute the Library. You may copy, use, and distribute it in its originally, unmodified form (source code etc., not translated), and then I. applies. Or you may copy and distribute it together with a software developed by you, and then II. applies. There is no other allowed way to copy, use, and/or distribute it.
I. You may copy and distribute the Library in the original, unmodified form (source code etc., not translated), as long as you do not take a charge for it, except maybe for the physical act of producing the copy. If you do so, then you may not remove from, add to, or modify any part of the Library, neither source code, object code, executables, these terms and conditions, nor any other content. The terms and conditions as well as any other part must always be included in the Distribution. No part of the Distribution may be separated from the rest of the Distribution, nor may a part of the Distribution or the whole Distribution be placed into any other software. If you plan to do so, it must be done in the way described in II.
II. Software developed using the Library and/or requiring the Library at runtime may be distributed commercially and/or non-commercially, as long as the main part of the software is not the Library itself. The Library may be added to your software for this purpose, if the source code has not been changed, if it has been translated into object code or executable code, and if it has then been linked to your software. No debugging information may be contained in the translated form, and you may not add source code of the Library to your work, neither a part of the Library, nor the Library as a whole. You always have to add the translated form of the Library as a whole, and it will then not become your work. The copyright of the Library will still be owned by its Author. Furthermore, you may take profits of the Library indirectly only, for instance, because your software uses the Library, but the functions of your software are still in the foreground.
BOTH HAVING OR HAVING NOT PURCHASED A LICENSE, THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE SOFTWARE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Right of revocation
You may declare the revocation of your order in text form (e.g. letter, email) or by returning the merchandise within a period of 2 weeks. The revocation does not have to contain any grounds. The revocation period commences the day following the receipt of merchandise and this revocation instruction in text form. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment. The revocation is to be addressed to: Thomas Jacob, Salomon-Petri-Ring 19, 22117 Hamburg, firstname.lastname@example.org.
The right of revocation ends when the contract is fulfilled entirely on your will before exercising the right of revocation. For instance, this is when you use the license key and activate it.
Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either sid unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicab putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned on our cost and risk. Things that cannot be shipped by parc reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. For the consumer, the period commences with sending the notice of r the period commences with their reception.
If one or more than one of these determinations should be inoperative or incomplete due to applicable law, the other regulations will remain active in spite of this. In such case, the inoperative or incomplete terms will be replaced by the regulation of applicable law that matches the ineffective term best.