When dealing with the Deep-Shot Converter Software or the Online Viewer, a view things are important.
By proceeding with your purchase it is assumed that you have noticed and agreed to these conditions.
For the contract depending the purchase of software personal data is needed and evaluated. It is guaranteed, that personal data will only be used for legitimate and objective purpose. It is further guaranteed, that only the data needed will be processed. When they are not needed anymore, they will be deleted instantly.
Paul Zetzsch, the designer of the software and manager of the website and webshop is not liable for any mistakes depending content that is found on this website.
Deep-Shot is not a registered trademark, the logo neither. The pictures you can see are either personal creations or free of copyright. You can use any of the pictures or the written content on this website for any personal or commercial use, but when doing so you have to link back to the website: https://deep-shot.com
4. Right of withdrawal
Any customer purchasing software products from this website has the right of withdrawal. This means that he or she may return the product in order to regain the amount of money spendet for 14 days.
5. Guarantee and warrantee
There is a 2-year warrantee on all software products purchaseble on this website. However:
Paul Zetzsch, and author of this Software, expressly disclaim any guarantee for the Deep-Picture Converter, the Deep-Shot Converter and the Deep-Shot Online Viewer. The Licensed Products and all applicable documentation is provided as-is, without guarantee of any kind, whether express or implied, including, without limitation, the implied guarantee of merchantability, fitness for a particular purpose, or non-infringement. Accordingly, the Licensee accepts any risk arising out of the use or performance of the Software.
6. Grant of License
Subject to the terms of this EULA, the Paul Zetzsch hereby grants to the Licensee, a royalty-free, revocable, limited, non-exclusive license during the term of this EULA to possess and to use a copy of the Software. The Software is being distributed by Paul Zetzsch. Licensee is not allowed to make a charge for distributing this Software, either for profit or merely to recover media and distribution costs.
7. Description of Rights and Limitations, Reproduction and Distribution:
Installation and Use: Licensee may install and use the Software on a shared computer or concurrently on different computers, and make multiple back-up copies of the Software, solely for Licensee's use within Licensee's business or personal use.
Licensee may not duplicate or re-distribute copies of the Software, without the Licensors express written permission.
8. Licensee Limitation:
The Licensee may not:
Use the Licensed Product for any purpose other than personal and non-commercial purposes;
Use the Licensed Product for any illegal or unlawful purpose;
Gather factual content or any other portion of the Licensed product by any automated means, including but not limited to database scraping or screen scraping; or Reverse engineer, decompile, or disassemble Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
9. Update, Maintenance and Support
Paul Zetzsch may provide updates and maintenance on an as-needed basis.
Paul Zetzsch has no obligation to Software support, or to continue providing or updating any of the Software.
In the event of termination, all licenses provided inside these terms and conditions statement shall immediately terminate, and you agree to discontinue accessing or attempting to access this Licensed product.
Accordingly, these terms and conditions statement may be:
Automatically terminated if the Licensee fails to comply with any of the terms and conditions under these terms and conditions statement;
Terminated by Paul Zetzsch; or Terminated by the Licensee.
Either Paul Zetzsch or the Licensee may terminate this agreement immediately upon written notice to the other party, including but not limited to electronic mail.
The Licensee has the option to permanently transfer all rights under this Agreement, provided the recipient agrees to the terms of this agreement. Accordingly, these terms and conditions statement is not assignable or transferable by the Licensee without the prior written consent of Paul Zetzsch; and any attempt to do so shall be void.
Any notice, report, approval or consent required under these terms and conditions statement shall be in writing and deemed to have been duly given if delivered by recorded delivery to the respective addresses of the parties.
Both parties hereby agree that this terms and conditions statement is the entire and exclusive statement and legal acknowledgement of the mutual understanding of the parties and supersedes and cancels any previous written and oral agreement and/or communication relating to the subject matter of it.
No delay or failure to exercise, on the part of either party, any privilege, power or rights under this agreement shall operate as a waiver of any of the terms and provisions of this agreement. Accordingly, no single or partial exercise of any right under this Agreement shall preclude further exercise of any other right under this agreement. Suppose any of the outlined provisions of this agreement is deemed to be unenforceable or invalid in whole or in part by a court of competent jurisdiction. In that case, such provision shall be limited to the minimum extent necessary for this agreement to remain in full force and effect and enforceable. The remaining provisions of this Agreement shall not be rendered unenforceable or invalid. They shall continue to be enforceable and valid in isolation of the unenforceable and invalid provisions of this agreement.
15. Limited Liability
The Licensee agrees that Paul Zetzsch shall not be liable to Licensee, or any other related person or entity claiming any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, guarantee or otherwise. Even if Paul Zetzsch has been advised of the possibility of such damages. These limitations shall necessarily apply regardless of the primary purpose of any limited remedy. Under no circumstances shall Paul Zetzsch aggregate liability to the Licensee, or any other person or entity claiming through the Licensee, exceed the actual monetary amount paid by the Licensee to Paul Zetzsch for the Software.
You hereby agree to indemnify and hold Paul Zetzsch harmless from and against all liabilities, damages, losses or expenses, including but not limited to reasonable attorney or other professional fees in any claim, demand, action or proceeding initiated by any third-party against Paul Zetzsch, arising from any of your acts, including without limitation, violating this agreement or any other agreement or any applicable law.
17. Entire Agreement
This Agreement rightly constitutes the entire understanding between Paul Zetzsch and the Licensee and all parties involved. It supersedes all prior agreements of the parties, whether written or oral, express or implied, statement, condition, or a representation or warranty.
18. Governing Law and Jurisdiction
This agreement shall be deemed to be construed under the jurisdiction of the courts located in Germany, without regard to conflicts of laws as regards the provisions thereof. Any legal action relating to this agreement shall be brought exclusively in the courts of Germany, and all parties consent to the jurisdiction thereof. Furthermore, the prevailing party in any action to enforce this agreement shall be entitled to recover costs and expenses including, without limitation, legal fees. Accordingly, this agreement is made within the exclusive jurisdiction of Germany, and its jurisdiction shall supersede any other jurisdiction of either party's election.
19. Keeping these statements up to date
Changes to this document may be made later on. It is guaranteed that these terms and conditions stay up to date.