License agreement to purchase the ShadowBlueSky3.1 style of “Multimedia-pool.com Webservices” for the Woltlab Suite Software § 1 Rights of Use (1) The design style (hereinafter “style”) of Multimedia-pool.com is the property of “Multimedia-pool.com Webservices” (hereinafter “Multimedia-pool.com”) and is also subject to their license rights, as well as rights of use (see this license “ShadowBlueSky3.1_license_en” by Multimedia-pool.com, which is also included in the style package). The following license by “Multimedia-pool.com” (copyright holder is “Markus Wernecke”) applies only to the ShadowBlueSky3.1 style to use with Woltlab Suite 3.1. (2) To use the ShadowBlueSky3.1 style from Multimedia-pool.com, a valid Woltlab software license is required. Without valid Woltlab license the use is not permitted (see §1 of Woltlab's own license). (3) Multimedia-pool.com grants customers with payment of the agreed one-off payment a non-exclusive, unlimited right to use the style permanently. (4) The acquired style is licensed exclusively to the customer mentioned in the customer account and will be used according to paragraph 1 above only by this customer. (5) One “copy” of the style entitles the customer to run a maximum of one (1) installation of the style at the same time. The customer is allowed to mirror this installation on multiple servers for the purposes of “load balancing”. (6) If customers intend to run multiple installations of the style, the right of use must be extended accordingly, that is, customers need to acquire one or, if needed, several “copies” of Multimedia-pool.com’s style. Any use beyond the contractual agreement constitutes a breach of contract. In this case the customer is required to inform Multimedia-pool.com about the use in excess of the license. (7) Customers are entitled to make a security backup of the style and to conduct daily data storage. The creation of any further copies other than security backup and data storage is prohibited. (8) Customers are not entitled to de-compile, amend or change the style unless this is permitted by law, i.e. in case such de-compilation, amendment or change is necessary to create an interface for other software applications or to eliminate malfunctions in the style. However, customers may modify the source code of the style, as well as the corresponding templates and image files of the style at their own risk, to adapt them to their needs both graphically and functionally. (9) Copyright markers as well as other notes identifying style- or source code may not be removed or amended. They are to be transferred to each copy of the style. This does not apply if customers have acquired from Multimedia-pool.com a “Branding Free”-license, which allows customers to remove the respective copyright markers as well as other notes identifying software- or source code. § 2 Updates (1) Multimedia-pool.com provides style updates in irregular intervals. Customers may install the respective update at their own discretion. (2) Customers must apply the offered updates in order to benefit from stability and feature enhancements. (3) Multimedia-pool.com assumes no liability for any damage if the customer did not install the update, provided that Multimedia-pool.com can prove that no malfunction would have occurred had the current update been installed. § 3 Transfer (1) A style copy may only be transferred as a whole, i.e. by discontinuing the use of the acquired style copy, customers may transfer its respective right to use the style according to the license agreement between Multimedia-pool.com and the customer to a third party. In this case the customer must delete the style on the customer’s own remaining data carriers. After transfer the customer’s right to use the style ceases to exist. (2) Customers may not transfer the style to third parties if there is a reasonable suspicion that the third party intends to breach the existing license provisions, particularly if the third party intends to create illegal copies. Multimedia-Pool.com Webservices & Arox Internetdienste Office Berlin: Office Rüsselsheim am Main: Markus Wernecke Markus Wernecke Bödikersteig 4 Georg-Bärsch-Straße 7 13629 Berlin 65428 Rüsselsheim Deutschland Deutschland Email: info@multimedia-pool.com Phone: +49 (0)6142 3592290 Internet: multimedia-pool.com Authorized to represent: Markus Wernecke Competent authority: Tax/Finances/Local Court (Finanzamt/Amtsgericht) Groß-Gerau