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Terms & License Agreement
Following conditions govern the business relationship between Bartels Media GmbH, Fleischstrasse 17, 54290 Trier, Germany (hereafter “Bartels Media”) and Customers (hereafter “Customer”). This Agreement is provided in multiple languages. In case of discrepancies, the German version shall prevail. For Customers located in Germany, the German version shall be binding.
General
For purchases in the self-service online shop, the external reseller PayPro Global is your contractual partner.
Bartels Media sells exclusively to business Customers and governmental entities. By placing an order, the Customer confirms it acts as a business within the meaning of Section 14 of the German Civil Code (BGB) and not as a consumer.
This Agreement constitutes the entire agreement between the parties regarding the purchase and use of the Software and supersedes all prior statements, representations and agreements. Any conflicting or additional terms of the Customer shall not apply unless expressly agreed by Bartels Media in writing.
Unless expressly stated otherwise, quotations and offers are valid for 30 days. Bartels Media may correct obvious errors, misprints or calculation mistakes.
The features and scope of performance are determined exclusively by the current Software version and the product description at the time of purchase. Earlier descriptions or announcements are non-binding unless expressly confirmed in writing.
Grant of License
Subject to full payment, Bartels Media grants the Customer a non-exclusive, perpetual, non-transferable right to use the Software solely for the Customer’s own internal business purposes and not to provide services to third parties, in accordance with this Agreement. The Customer acknowledges that the Software is standard software and not individually developed for the Customer’s specific requirements. All intellectual property rights in and to the Software and documentation remain with Bartels Media.
The Customer may not sell, rent, lease, sublicense, distribute, make the Software available to third parties, or otherwise transfer the Software or any license rights, except with Bartels Media’s prior written consent.
License keys are provided by email. Online activation may require an internet connection during the activation/deactivation process. After activation, continued use may be possible without an internet connection depending on the product and license type.
User name definition: For licensing purposes, the “user name” is the operating system account name used by the user (on Windows: Windows user name; on macOS: macOS account name).
Each physical person requires a separate license.
Optional AI features serve exclusively as a technical interface to third-party AI services (e.g., OpenAI). Bartels Media does not operate these AI services. Bartels Media assumes no liability for the availability, accuracy, non-infringement, or quality of the content generated by AI services ("Output"). The Customer is solely responsible for verifying the Output before use. The Customer indemnifies Bartels Media against any third-party claims resulting from the Customer's use of AI Output (e.g., copyright infringements or data protection violations).
Product-specific licensing terms for individual products (Macro Recorder, PhraseExpress, ShareMouse, etc.) apply as described below:
Macro Recorder for Windows and Mac
The software can be licensed in one single of the following ways:
- Stand-alone installation: One license may be used by the same user (logged in with the same user name) on up to three computers, provided it is not used simultaneously on multiple computers.
- Portable mode installation: One license may be used on one USB thumb drive.
PhraseExpress for Windows and Mac
The software can be licensed in one single of the following ways:
- Stand-alone installation (without using a PhraseExpress/SQL server): One license may be used by the same user (logged in with the same user name) on up to three computers, provided it is not used simultaneously on multiple computers.
- Client-/server installation (with a SQL server): One license can be used by one user, identified by the user name, or a combination of user name and workgroup or the combination of user name, workgroup and computer name. Each physical person requires a separate license which are centrally managed and registered.
For 10+ PhraseExpress Windows Professional/Enterprise Edition, offline-license activation options are available on request. Offline licenses are permanently tied to a specific hardware ID. If you reinstall the operating system or change the server, new offline license keys are required. One offline license key delivery is included. During the maintenance term, up to two additional offline license key deliveries are available subject to purchase of a service ticket each. - Portable mode installation: One license may be used on one single USB thumb drive.
PhraseExpress for iOS
The PhraseExpress v3 iOS App is freeware for personal and commercial use. For the iOS version, the license agreement of the Apple iTunes “App Store” applies.
ShareMouse for Windows and Mac
One license is required for each set of computers per workplace.
Mouse Recorder
This software is freeware for personal and commercial use.
Copyright / Restrictions
The Software and documentation are protected by copyright and trade secret law. All rights not expressly granted are reserved.
The Customer may not publish, disclose, rent, lease, modify, distribute, create derivative works, reverse engineer, decompile, translate, adapt or disassemble the Software, nor attempt to derive the source code or bypass or automate trial mode notifications. This restriction does not apply to the extent mandatory statutory rights (in particular Sections 69d and 69e UrhG) provide otherwise.
Confidentiality
The Customer shall keep license keys confidential and must not publish or disclose them to any third party. Any public disclosure of license keys constitutes a material breach and will result in immediate termination and permanent invalidation of the published license keys without reimbursement.
Delivery / Payment
Bartels Media delivers license keys and download links by email after payment. No physical goods are shipped.
Payment is due immediately upon conclusion of the contract. Bartels Media may suspend access and/or disable license keys in case of overdue payment.
Purchases are not a subscription and there is no automatic recurring payment.
Bartels Media shall not be liable for delays or non-performance caused by force majeure or other events beyond its reasonable control (including strikes, lockouts, supplier disruptions or internet/infrastructure failures). Delivery and performance periods shall be extended accordingly.
Beta Software
Beta Software is provided solely for testing and demonstration purposes and is provided “as is” without warranty. The Customer must not use Beta Software with sensitive or valuable data and must take appropriate precautions. Features, specifications and data formats may change and may be incompatible with later releases. To the maximum extent permitted by law, Bartels Media shall not be liable for any damages arising from the use of Beta Software.
Sales Promotions
Sales promotions are valid for one single new license of the advertised product (variations) for one individual, technically identified by one single email address. The promotion period may extend before or after the advertised promotion date in order to account for different international time zones. After the promotion period expires, no discount claims can be made. The discount is applied automatically during the ordering process or by entering a designated promo code. The promotion cannot be combined with other promotions, renewal-, volume- or reseller-discounts, or individually negotiated pricing unless explicitly stated otherwise. In cases of suspected misuse, manipulation, automated ordering, or technical errors, we reserve the right to cancel orders or exclude participants. We reserve the right to modify or terminate the promotion early for important reasons, including technical issues, system outages, or legal requirements. Contracts already concluded remain unaffected.
Maintenance / Updates / Support
Maintenance includes updates and upgrades released during the valid maintenance term (12 months from purchase unless renewed). Use of new versions released after the maintenance term requires a license renewal. Technical support is provided on a voluntary basis for the current software version only and is not a guaranteed contractual obligation unless a separate Service Level Agreement (SLA) is purchased. Bartels Media reserves the right to limit support to email communication. Support does not include consulting, training or custom development. The Customer is responsible for securing installation files and backups. Bartels Media does not provide an archive of older versions.
Limited Warranty / Warranty Rights
IMPORTANT: The Software is not designed, manufactured or intended for use in life-critical, health-critical or safety-critical environments where a failure of the Software could result in death, personal injury, or significant property, environmental or financial damage, including, without limitation, control rooms, control and monitoring systems, industrial machine or plant control systems, traffic control systems, medical devices, nuclear facilities, aviation and aerospace, military systems, or similar applications (“Safety-Critical Environments”).
The Customer shall not use the Software in Safety-Critical Environments without Bartels Media’s prior written consent and shall implement appropriate safeguards and redundancies. Any such use without consent constitutes a material breach and entitles Bartels Media to suspend access and/or terminate the Agreement for cause. The Customer shall indemnify and hold harmless Bartels Media from third-party claims arising out of such use, to the extent caused by the Customer.
Warranty rights are governed by the statutory provisions, as modified by this Agreement. In case of defects, Bartels Media shall, at its discretion, either remedy the defect (repair) or provide a workaround / replacement (subsequent performance). Only if subsequent performance finally fails or is unreasonable may the Customer reduce the purchase price or rescind the contract. The Customer shall provide Bartels Media with sufficient information and reasonable time and access to enable defect analysis and remedy.
The Customer’s warranty claims require timely inspection and notice of defects in accordance with Section 377 of the German Commercial Code (HGB). Obvious defects must be notified in text form within fourteen (14) calendar days after provision of the license key / delivery; hidden defects must be notified without undue delay after discovery. Otherwise, warranty claims are excluded.
The limitation period for warranty claims is twelve (12) months from provision of the license key, unless mandatory law provides otherwise. Statutory recourse claims under Sections 478, 479 German Civil Code remain unaffected.
No warranty is provided for freeware, beta, trial or demo versions. Warranty is excluded for defects caused by improper use, operating errors, modifications without consent, failure to install necessary updates, third-party components/services, or insufficient backups. The Customer is responsible for regular backups and IT security measures.
Unless expressly agreed in writing, Bartels Media does not warrant that the Software will meet the Customer’s requirements, operate error-free or uninterrupted, or that specific features, versions or updates will be provided in the future. Bartels Media may modify, update or discontinue features of the Software at any time, provided that the essential core functionality of the purchased license remains available.
Limitation of Liability
Bartels Media’s liability shall be limited as set out below, unless mandatory law provides otherwise.
To the maximum extent permitted by law, Bartels Media shall not be liable for any damages arising out of or in connection with the use of freeware, beta, trial or demo versions of the Software and any files delivered with such versions, which are provided “as is” as a general demonstration of the software's features for evaluation purposes in non-critical test environments.
Bartels Media shall be liable without limitation (i) in cases of intent or gross negligence, (ii) for damages resulting from injury to life, body or health, (iii) under the German Product Liability Act (Produkthaftungsgesetz), (iv) in case of fraudulent concealment of defects, and (v) to the extent Bartels Media has expressly assumed a guarantee.
In cases of slight negligence, Bartels Media shall only be liable for the breach of material contractual obligations (Cardinal Obligations). Cardinal Obligations are obligations whose fulfillment is essential for the proper execution of the Agreement and on whose observance the Customer may regularly rely. In such cases, liability is limited to the compensation of the foreseeable, typically occurring damage. Any further liability of Bartels Media beyond the scope of this Section shall be excluded to the maximum extent permitted by law.
The Customer is responsible for performing regular data backups appropriate to its business and risk profile. Bartels Media’s liability for loss of data shall be limited to the typical restoration effort that would have been required if the Customer had made such backups. The Software offered is not a data archive/document management system. The Customer undertakes to store data processed with the software separately in addition.
Any strict liability for damages due to defects already existing at the time of contract conclusion is excluded to the extent permitted by law.
Where Bartels Media’s liability is excluded or limited, this shall also apply to the personal liability of Bartels Media’s employees, representatives and vicarious agents.
Termination
Either party may terminate this Agreement for cause with immediate effect if the other party materially breaches this Agreement and fails to cure such breach within a reasonable period after written notice, unless cure is impossible or unreasonable. Material breaches include, in particular, (i) use of the Software in Safety-Critical Environments without prior written consent, (ii) violation of license restrictions, (iii) disclosure or publication of license keys, or (iv) delayed or missing payment.
Bartels Media may suspend access to the Software and/or disable license keys if the Customer materially breaches this Agreement, in particular in case of overdue payment, suspected misuse, or security risks. Suspension does not affect the Customer’s obligation to pay any due fees.
Upon termination, the Customer shall cease using the Software and shall delete or destroy all copies under its control, except where retention is required by mandatory law. At Bartels Media’s request, the Customer shall confirm such deletion or destruction in writing. Sections which by their nature are intended to survive termination (including, in particular, confidentiality, intellectual property, warranty limitations and limitation of liability) shall survive.
Bartels Media may discontinue or terminate access to freeware, beta, trial or demo versions at any time.
Miscellaneous
This Agreement shall be construed, interpreted and governed by the laws of Germany without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate court sitting in Trier, Germany. UN sales law is excluded. This Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this Agreement shall only be effective if it is in written form, including email, unless mandatory law requires stricter form. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably affect the intention of the parties.