Terms & License Agreement

Following conditions govern the business relationship between Bartels Media GmbH, Fleischstrasse 17, 54290 Trier, Germany (hereafter “Bartels Media”) and users or direct order customers (hereafter “customer”). For users and customers located in Germany, the German terms & conditions are binding.

General

Bartels Media sells to businesses and government customers only. Consumers/Personal users may purchase Bartels Media products in the online shop which is operated by the independent vendor DigitalRiver/ShareIT. The contract between Bartels Media and the customer is concluded with the purchase. No other terms are accepted except expressly granted in written form by Bartels Media. All objects of purchase remain property of Bartels Media until full payment is received. Errors and omissions in quotations are reserved and are non-binding.

Quotes are binding for 30 days after the date of quotation.

Our privacy policy is part of this agreement.

Grant of License

Bartels Media grants a users a non-exclusive, non- transferable and revocable license to use the software. Ownership of the software, documentation and all intellectual property rights therein shall remain at all times with Bartels Media.

Non-commercial use: The freeware edition of the software is free-of-charge, provided that the software is solely used in private premises for personal, non-commercial and non-professional activities. Commercial use is assumed in any other case or if the user is compensated/paid for any task, the software is used with. Feature limitations may apply for freeware software.

Commercial use: Commercial use requires a license purchase and online license key registratation. An internet connection is required during the short time of license registration or de-registration. After registration, no internet connection is required anymore.

Macro Recorder for Windows and Mac

Portable Mode installation: The software can be used on one single USB thumb drive on any computer by any person.

Stand-alone installation: The software can be used alternately on one of up to three computers you are logged in with the same user name.

Definition "user name": On Windows PC, a “user name” is the Windows user name (This is not the Microsoft account name). On Apple Mac, the “user name” is the “Mac account name” (this is not the Login name). Each physical person requires a separate license.

PhraseExpress for Windows and Mac

Portable Mode installation: The software can be used on one single USB thumb drive on any computer by any person.

Stand-alone installation (without using a PhraseExpress/SQL server): The software can be used alternately on one of up to three computers you are logged in with the same user name.

Client-/server installation (with a PhraseExpress/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, we offer offline-license activation options on request, that do not require an internet connection. 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. Three offline license key deliveries are included during the maintenance term. Additional license key deliveries require purchase of a service ticket.

PhraseExpress for iOS

For the iOS version, the license agreement of the Apple iTunes “App Store” applies.

PhraseExpress for Android

For the Android version, the license agreement of the Google “Play Store” applies.

ShareMouse for Windows and Mac

One license is required for each set of computers per workplace.

Mouse Recorder

The software is freeware for personal and commercial use.

Copyright

The software and documentation contain material that is protected by Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Bartels Media. You may not remove any proprietary notice of Bartels Media from any copy of the software or documentation.

Restrictions

You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the software, nor shall you attempt to create the source code from the object code for the software.

Confidentiality

You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Program for the purpose of deriving the source code of the Program or defeating the license key. You must not publish the license key to any third party and keep it strictly confidential. Releasing license keys to the public will terminate this agreement and published license keys will be marked invalid without reimbursement and will not be replaced.

Delivery

Bartels Media delivers license keys and download links by email after payment. No physical goods are shipped or required.

The software and updates must be downloaded within the selected maintenance period. Bartels Media does not provide a download archive of older software versions.

Payment

The Payment term is seven days after purchase. We accept wire transfer and cheques. License keys may be disabled for which payment is overdue.

Beta Software

Beta software is in development/testing phase and is provided as a technology demonstration.

Beta software is provided "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 beta software is with you. Should it prove defective, you assume the cost of all necessary servicing, repair or correction.

It is therefore up to you to take adequate precaution against possible damages resulting from this beta software. Software in beta testing should for example not be used on sensitive and/or valuable data. If you are in any doubt of your capabilities to make such a decision, please do not download and/or use our beta software.

In no event will Bartels Media be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the beta 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 Bartels Media has been advised of the possibility of such damages.

Maintenance / Updates / Support

Maintenance includes free updates, upgrades and major new version during the selected maintenance term. Licenses are valid life-time. Maintenance is valid for the selected term of 1, 3 or 5 years, beginning with the date of purchase. If a maintenance renewal is purchased, new license keys are issued. Old license keys used to receive a maintenance renewal discount are revoked and become invalid with the delivery of new license keys. Support is based on the latest available software version only and provided on a complimentary basis. Support does not include software consulting or training, custom macro programming or analysis of user system configurations. Extended support and consulting is available as a paid service. Customers must keep a backup of software installation files that are available for download during the active maintenance term only. Bartels Media does not host installation file archives for customers with expired maintenance terms.

Limited Warranty

BARTELS MEDIA WARRANTS CUSTOMERS FOR A PERIOD OF THIRTY (30) DAYS AFTER PURCHASE THAT THE PAID SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND BARTELS MEDIA’S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE AT BARTELS MEDIA’S SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY BARTELS MEDIA REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARTELS MEDIA DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BARTELS MEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. NO WARRANTY IS PROVIDED FOR PRODUCTS PROVIDED FREE-OF-CHARGE. SOLE PURPOSE OF ANY PRODUCT PROVIDED ON A FREE AND COMPLIMENTARY BASIS IS FOR DEMONSTRATION PURPOSES ONLY.

Limitation of Liability

IN NO EVENT WILL BARTELS MEDIA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF BARTELS MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BARTELS MEDIA’S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND documentation OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND documentation. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). BARTELS MEDIA EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

Termination

This Agreement is effective until it is terminated. You may terminate this Agreement at any time by destroying all copies of the software and documentation in your possession or under your control. Bartels Media may terminate this Agreement if Bartels Media finds that you have violated any of the terms of this Agreement. Bartels Media may terminate this Agreement for freeware products at any time. Upon notification of termination, you agree to destroy all copies of the software and documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.

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 writing and signed by both parties hereto. 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.