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Table of contents of Imprint / Legal Terms

Imprint
Revocation Right / Return Privilege
General Terms and Conditions

  § 1 Name of Provider
  § 2 Content of the website
  § 3 Copyright
  § 4 Privacy policy
  § 5 Content of Contract
  § 6 Elements of Contract
  § 7 Remuneration
  § 8 Set-off
  § 9 Investigation and Claim Obligation
  § 10 Warranty
  § 11 Liability
  § 12 Compensation
  § 13 Data Backup
  § 14 Salvatorius Clause
  § 15 Written Form
  § 16 Choice of Law; Place of Jurisdiction
iPhoto Batch Enhancer Software License

Imprint (Version: May 2018)

Responsible for the content in accordance with § 5 TMG (German law)
Matthias Wotschke

Legal and tax information
Owner: Matthias Wotschke
Business entity: Sole proprietorship (Small business, turnover tax-exempt)
The prices listed do not include the statutory sales tax. (According to § 19 Abs. 1 UStG of German Law).

Address
feroXsoft Matthias Wotschke
Eisnergutbogen 42
80639 Munich
Germany

E-Mail: mail[at]feroxsoft.com

Telephone: +49 (0) 89 - 997 534 60

Referrals and links
feroXsoft Matthias Wotschke assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.


Revocation Right / Return Privilege

§ 1 Each customer has the right to revoke its software purchase within two weeks without indication of reasons. The two-week revocation deadline starts upon receipt of the software license key by the customer. In order to ensure the adherence to the withdrawal period it is sufficient to send a timely withdrawal.

The revocation must be submitted in written form (e.g. letter, e-mail) and must be addressed to:
  feroXsoft Matthias Wotschke
  Eisnergutbogen 42
  80639 Munich
or
  info@feroxsoft.com

§ 2 According to German law, the revocation right for contracts relating to the sale of software cease to exist once the software packaging is opened or once the software download has been completed.

§ 3 After downloading the software and the launch of the free trial phase, there are no financial obligations for the customer. If the software doesn't meet the customer's expectations, it can simply be deleted.

§ 4 Consequences of a withdrawal
In the case of an effective revocation the mutually received benefits must be returned. Obligations to reimburse payments must be met within 30 days. The time limit begins for you with the dispatch of your revocation and for us when receiving the revocation.

End of Revocation Right / Return Privilege


General Terms and Conditions (Version: May 2018)


Changed in this version: Data privacy information in § 4.

§ 1 Name of Provider
feroXsoft Matthias Wotschke

- Henceforth called feroXsoft -

§ 2 Content of the website
feroXsoft reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided on the websites www.feroxsoft.com und www.feroxsoft.de. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by feroXsoft without notice.

§ 3 Copyright
If not marked accordingly, all material on this website is free from copyright or is produced by feroXsoft. In all other cases, we indicate the copyright of the respective object. The copyright for any material created by feroXsoft is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without feroXsoft's agreement.

§ 4 Privacy policy
(1) If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymizated data or an alias.

(1a) When using this website we log your browser identification data, the opened URL as well as a shortened IP address of your device. Therefore we cannot trace the information back to your device. This website also saves cookies on your computer that encode closed or open states of sections of HTML-pages. This is completely anonymous.

(1b) During use of our applications we log anonymously the used functions. No content is being transmitted. We do this entirely via the feroXsoft website without using third party software or services.

(1c) When the test phase of a Mac application is started we save a unique device identifier. There is no way to use this information to obtain data on your person, address or the like.

(1d) When buying a license for one of our applications we save last name, first name, company, license name and mail address. This data is being used to generate your personal license key as well as resending that license key later if requested. We also save country and language for statistical purposes.

(2) The customer agrees to collection, storage and processing of his personal data. The computer ID will be stored anonymously while the customer is using the free trial phase. The customer has the right to demand deletion of the data once he has purchased the software and the purchase price has been paid. After such a deletion the license key cannot be made available again by feroXsoft.

(3) The ordering and payment process for feroXsoft products is conducted by the company "share-it!". While using the services of "share-it!" the provisions apply that can be found on the website www.share-it.com (for example, terms and conditions and privacy statement). Data entered by the customer on the share-it website is being transmitted to feroXsoft.

§ 5 Content of Contract
(1) You will receive the software subject to the contract in complete form (object code) together with the documentation approved by the provider.

(2) The software has the functions specified in the documentation. The customer is aware of the functions from the free trial phase when the customer was able to test the program for free as well as the functions that the program does not fulfill.

(3) The delivery is made by transferring a file containing the license key.

(4) A hard copy of the documentation is not supplied. The documentation basically consists of electronic aids.

(5) Installation of the software is not part of the contract.

§ 6 Elements of Contract
(1) In the case of contradictions, the arrangements set here in writing apply in the order given below:

- the latest written order confirmation from feroXsoft

- the general terms and conditions of feroXsoft

- the license contract of the downloaded software

(2) All these documents except the order confirmation can be viewed anytime on the websites www.feroxsoft.com or www.feroxsoft.de, are being presented to the customer for confirmation on the first launch of the software and can be viewed from the help menu when the software is being used.

§ 7 Remuneration
(1) The amount of the remuneration is based on the latest order confirmation (if feroXsoft or the affiliate "share-it!" has sent it to the customer) and otherwise the information on the website www.feroxsoft.com / www.feroxsoft.de.

(2) All terms of payment like installment payments, discounts, etc. are based on the order confirmation.

(3) The prices listed do not include the statutory sales tax. (According to § 19 Abs. 1 UStG of German Law, feroXsoft is turnover tax-exempt)

(4) Until complete payment, the provider holds the usage right for the software. In particular, the provider is allowed to forbid further usage of the software if he withdraws from the contract, e.g. due to delayed payment by the customer, and demand hand over of all copies or, if hand over is not possible, request that they be deleted. If a third party gains access to the package before complete payment of the software involved in this contract, the customer is obliged to inform this person about the conditions laid down by the provider and inform the provider immediately in writing about the access to the data.

§ 8 Set-off
The customer can only set off claims that are recognized by feroXsoft or are legally founded.

§ 9 Investigation and Claim Obligation
The customer will examine the software including the documentation within 5 working days after delivery and installation, in particular with regard to the functioning of basic program functions.

§ 10 Warranty
(1) The intended state of the software functions is being described in the manual, which can be found online at www.feroxsoft.com / www.feroxsoft.de and as part of the application's help system.

(2) Any implied warranties on the software, media and documentation are limited to 12 months.

(3) If the software is faulty, feroXsoft has the right to supply a correction within an appropriate period. After that the customer can reduce the purchase price as he sees fit or withdraw from the contract and demand compensation for or replacement of fruitless expenditure. Withdrawal from the contract does not rule out the right to compensation. Withdrawal due to insignificant faults is ruled out, however.

(4) Since iPhoto Batch Enhancer works closely with Apple's iPhoto application, it's not certain that iPhoto Batch Enhancer can be adapted successfully for future versions of Apple's iPhoto software or the operating system Mac OS X. Therefore we cannot be held liable, that any features of iPhoto Batch Enhancer will work with future versions of iPhoto or Mac OS X. The supported versions of iPhoto and Mac OS X are being listed on the website www.feroxsoft.com aufgelistet.

(5) The guarantee obligation is ruled out if changes are made to the software without express written permission or if the software is used in any other way than intended or in a different software environment, unless the customer proves that these facts are not related to the error that has occurred.

(6) The guarantee rules during the free trial phase correspond with those for the free hand-over of an object for a period of time. The provider is only liable to pay compensation if he has fraudulently concealed faults.

§ 11 Liability
(1) Claims for compensation against feroXsoft become invalid after 6 months.

(2) feroXsoft is not liable for slight negligible obligation violations if these are not obligations essential to the contract, are not damages involving injury to life, body or health or are not based on claims in accordance with the product liability act that concern body or life.

(3) feroXsoft is not responsible for the reacquisition of data unless feroXsoft caused their destruction through gross negligence or intentionally and the customer ensured that this data could be restored at a reasonable cost using data material that is kept in a form readable by machine.

(4) No liability for consequential damages

Because software is inherently complex and may not be completely free of errors, in no event will feroXsoft or its suppliers, distributors, dealers, employees or agents be liable for any direct, indirect, incidental or consequential damages whatsoever, (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of use of software, cost of recovering software or data, claims of third parties, or any other pecuniary loss) arising out of the use of or inability to use this feroXsoft product, even if feroXsoft has been advised of the possibility of such damages. Because some states and jurisdictions in the U.S.A. do not allow the exclusion or limitation for consequential or incidental damages, the above limitation may not apply to you.

(5) Should a reported problem not be related to an error in the software, feroXsoft may invoice the costs incurred for analyzing and correcting the problems.

§ 12 Compensation
(1) Should essential contractual obligations not be observed, the provider is, if none of the cases named in § 10 (3) - (6) occur, liable for a sum limited to typical damages foreseeable in the contract.

(2) Any other liability for compensation is excluded, in particular, absolute liability.

(3) The customer is responsible for regular backup of his data. If data loss is caused by the provider, the provider is only liable for the costs of copying the data for the backup copies to be created by the customer and for restoring the data that also would have been lost had the backup of the data been successful.

§ 13 Data Backup
The customer is also obliged to backup the data on a daily basis. The data backup should be made using state-of-the-art technology.

§ 14 Salvatorius Clause
If a condition in this contract or the respective amended agreement is or becomes invalid, the validity of the remainder of this contract and amended agreements will not be affected. In place of the ineffective regulation, a regulation that is closest to the economic purpose of the ineffective regulation will count as agreed on.

§ 15 Written Form
All agreements that involve a change, amendment or detailing of these contract conditions as well as special assurances and arrangements require written form.

§ 16 Choice of Law; Place of Jurisdiction
The parties will agree on use of the law of the Federal Republic of Germany excluding UN purchase law with regard to all legal relationships from this contract. For commercial customers the Starnberg district court will be agreed on as the venue for all disputes.

End of General Terms and Conditions


iPhoto Batch Enhancer Software License (Version: April 2012)

IMPORTANT--Read Carefully Before Installing The Software!

Changed in this version: feroXsoft contact address.

You can use the software from feroXsoft as an unregistered shareware (without serial number) at any time and create an unlimited number of copies for backup purposes, online distribution or via CD-ROM. In this case there are no royalties to be paid to feroXsoft.

The descriptions found on feroxsoft.com and feroxsoft.de may be used freely to promote the applications. We have the necessary rights to grant such a permit.

The use of our applications is at your own risk, in spite of conscientious programming.

By installing the software, you consent to the following license terms, the general terms and conditions and our Revocation Right / Return Privilege. If you do not agree with the provisions of this license agreement and warranty, feroXsoft Matthias Wotschke (simple written as feroXsoft in the following paragraphs) is not willing to license the software to you. In that case you are not allowed to install, use or copy the software. Please read the following Software License Agreement ("Agreement") carefully before you acquire the software and install it on your computer:

Software License Agreement between You and feroXsoft

for: iPhoto Batch Enhancer.

This License Agreement is a legal agreement between you (either an individual or a legal entity) and feroXsoft. By installing the software on your computer's disk drive, or by using the software, you agree to be bound by the terms of this Agreement. feroXsoft will not sell you a license to install and use this software unless you agree to all of the terms of this license agreement.

This software and the accompanying user manual are copyrighted material. You may use the software as long as you like, provided that you do not violate the copyright and that you follow these rules:

The customer can download a version of the program from the Internet free of charge for test purposes. Once the customer has decided to buy the software, he should transfer the purchase price to the provider via feroXsoft's service provider for financial transactions. In return, he will receive a license key (as computer file) that removes the software limitations placed until then. The customer will also receive usage rights for an unlimited period of time.

a. Usage Rights

(1) With the first launch of the software a free trial phase starts with the duration of currently 15 days. This period may be changed by feroXsoft at any time without prior notice. During this free trial phase you can use the software without any restriction for free.

The customer receives non-exclusive usage rights without limitation to a location for a period of 15 days. The rights are not limited to any specific location and allow the customer to use the program on one workstation. ASP and use of the software in networks is not permitted. The customer has no right to modify or decompile the software. The software may not be passed onto third parties for a fee. The software may not be rented out or sold. The customer may make a backup copy of the software.

(2) After the expiration of the free trial phase the further use on the same machine is only possible after the acquisition and activation of a license key. The license key is linked to your name or business name and your email address. The license key authorizes you to use the software for an unlimited period.

Upon payment of the agreed single payment, feroXsoft will grant you a non-exclusive right without limitation to a location to use the software for an unlimited period.

(3) You grant feroXsoft the right that the software both on first launch, as well as during the activation of the license key can contact feroXsoft's servers via the internet. During the first launch a unique computer identifier without reference to your person will be transmitted, during the activation a unique computer identifier and your license data. Furthermore, you agree that both during the free trial phase as well as the activation of the license key files for the documentation of your licensing status are being saved to your hard drive.

(4) If you use the software on more than one (commercial use) or three (private use or as a Student) machine, the usage right must be extended accordingly. The provider's special price list for extension of the usage rights applies should you need to extend usage rights without renewed delivery of the software. A later extension of the usage right without renewed delivery does not create a new guarantee.

(5) The software may be installed and used for every paid license at the same time on up to three computers on the same household, if you are a private user or a student (e.g. at school or university). If you are using the software commercially you have to buy a license for every computer, where you install and use the software. If the software will be loaded and used on several computers at the same time (for example, on a computer network), or when the software is loaded or used on a storage device that is connected or used with more than one computer you have to buy the amount of licenses according to the aforementioned rules. Contact feroXsoft for information on extended licensing (for example network, site and corporate licenses).

b. The software and accompanying material is owned by feroXsoft, and is protected by copyright laws. You must not copy, modify or transfer them except that you may (i) make a copy of the software solely for backup or archival purposes or (ii) transfer the software to a storage drive provided you keep the original solely for backup or archival purposes. You may not copy, modify, or transfer the printed materials accompanying the software.

c. You may not transfer, sublicense, sell, rent, lend, or give away the software to others, but you may transfer the software and this license agreement to another party if the other party agrees to accept the terms and conditions of this agreement. If you transfer the software, you may not retain any copies of the software or the license key(s) to yourself once you have transferred it.

d You may not make any changes or modifications to the software. The software is distributed in computer executable form only, and does not allow user access to the underlying source code and data. You may not reverse engineer, decompile or dissemble the software to gain access to such code and data, except to the extent such activity is expressly permitted by applicable law. Decompiling or disassembling the software may also violate the software's copyright.

e. Any unauthorized copying, distribution, or modification of the software will automatically terminate your license to use the software and may violate the software's copyright.

f. Your rights under this agreement are effective indefinitely, unless this license agreement is terminated. Your rights will immediately terminate if you fail to comply materially with this agreement or if you violate the software's copyright. Upon termination you must destroy all copies of the software.

g. If you have any questions concerning this agreement, you should contact feroXsoft, Attn: Matthias Wotschke, Eisnergutbogen 42, 80639 Munich, Germany, Tel: +49 (0)89 99753460.

End of Software License


© feroXsoft Matthias Wotschke 2004-2019. iOS, iPhone, iPad, Mac and the Mac logo as well as iPhoto are trademarks of Apple, Inc., registered in the U.S. and other countries.