License
How does it work with the licenses?
After purchasing the license, you can install and use the plugin in your JTL shop.
The right of use is restricted if technical or legal changes are necessary to ensure the correct operation of the plugin. In this case, it may be necessary and not optional to perform an update, for which you will again need a valid subscription.
/** And what is this subscription?
With paid licenses, you also purchase a 12-month subscription at the time of purchase. This allows you to download, install and use all updates released during this time for 12 months. In addition, you will receive free 1st level support for the plugin for 12 months and can also change the license domain during this time. This way, you will benefit completely from all further developments, bug fixes and improvements of the plugin during this period.
After the 12 months
At the end of the subscription period, we will send you an e-mail informing you of the expiration of the subscription. You can extend the subscription for another 12 months with a click. The renewal costs 50% of the current license price of the plugin. This will give you 12 months of free updates and support
What if I don’t renew my subscription?
No problem – you can continue to use the plugin in your licensed version, if it is still technically usable. If the plugin is no longer technically or legally usable, you will need an update. However, if an update is released after the subscription expires, you will no longer be able to install it for free and will have to purchase a new license (at full price).
LICENSE
for the plugins (add-on programs) for the e-commerce software “JTL-Shop” manufactured by WebStollen GmbH.
Preamble
As part of its software development, WebStollen GmbH has developed plugins (additional programs) for the e-commerce software “JTL-Shop”, which are made available to JTL-Shop operators as end users for use in the form of software licenses.
This End User Licence and Subscription Agreement (hereinafter referred to as the ‘EULA’) relates to the provision of the Software by WebStollen GmbH, Prinz-Ludwig-Str. 17, 93055 Regensburg, represented by the managing directors Michael Stepanek and Florian Barbian to entrepreneurs within the meaning of § 14 BGB, merchants, legal entities under public law or a special fund under public law (licensees).
1. General
The license can be purchased in the official JTL ExtensionStore as well as on webstollen.de. With the installation of the plugin (software), the following legally valid contract for the use of the plugin is concluded between the company WebStollen GmbH (hereinafter also referred to as the licensor or WebStollen) and the end user (hereinafter referred to as the licensee).
These license terms include all files of the plugin’s installation package and, if applicable, updates provided by WebStollen, unless the latter are accompanied by separate license terms.
The software includes machine-readable computer programs, some source code and documentation in electronic format.
Unless specified third-party components are used, to which different license terms apply, WebStollen is the owner and originator of the software.
2. Features
The range of functions of the plugin, as well as instructions for use, are prepared on the WebStollen website as well as enclosed in the installation package in the form of instructions (online documentation).
The instructions and instructions for use can be viewed on the pages of webstollen.de independently of the installation and activation of the plugin.
3. Right of use
The Licensee shall be granted by WebStollen the simple, non-exclusive and unlimited right to use the Plugin, unless otherwise expressly agreed in writing for the individual case.
By installing, copying, or otherwise using the Software in Licensee’s JTL Store, Licensee agrees to be bound by the terms of this EULA. Deviating or supplementing General Terms and Conditions of the Licensee shall not apply. Their validity is hereby expressly rejected, even in the event that WebStollen concludes the license agreement with the licensee in knowledge of the licensee’s general terms and conditions.
A license allows the licensee to use the plugin for a single, Internet domain. The name of the Internet domain to be used with the software must be communicated to WebStollen when the license is purchased.
This internet domain is linked to a license check, which is carried out when the plugin is installed. Licensee agrees to ensure that the Software is used only within the scope of these License Terms.
Unauthorized use in any other context of this program or any part thereof may not occur without the express written consent of WebStollen.
WebStollen reserves the right to provide mandatory updates to the software (plugin) if these are necessary due to changes in the general conditions (technical or legal). It will then no longer be possible to use the software without this update.
Republication, rental and distribution of the Software or parts thereof is not permitted, either in a modified or unmodified form, without the express written permission of WebStollen.
The reselling, rental or other transfer of a plugin license for a fee is not permitted, either in modified or unmodified form, without the express written permission of WebStollen.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and agreements. The software is licensed, not sold.
4. License Audit, Operation
WebStollen expressly points out to the Licensee that the Software can only be operated if it is enabled to access WebStollen’s servers via the Internet for the purpose of checking the validity of the license at the time of the License, and if an Internet connection is required for the operation of the Software. As part of this periodic validity check, the following data is transmitted to WebStollen:
- Domain on which the software is installed at the time of validation
- Unique software identifier (plugin ID)
- Software version. If, at the time of validation, a version of the software is used for which there is no valid subscription, the software will be automatically deactivated. Reactivation and continued use of the software is then only possible if a new subscription is purchased.
5. Communication
WebStollen will inform the user in various ways about security-relevant updates, feature updates and information on how to use the plugin
This information will be provided via the e-mail address when ordering the license or via the publicly viewable e-mail address of the shop operator. In addition, WebStollen publishes all updates on the relevant sites, such as Facebook, Twitter, LinkedIn, JTL ExtensionStore and WebStollen Plugin Store.
6. Subscription Term
Subscription for support, updates and upgrades.
The licensee receives a 12-month subscription free of charge for each individual license. This subscription includes all plugin updates and first-level support at no extra cost. It is also possible to change the license domain (shop URL).
If the Software is marked as an Update/Upgrade, Licensee must have the appropriate license and a valid subscription for the Software in order to use the Update/Upgrade.
At the end of the 12 months, this subscription period can be extended for a further 12 months. This usually results in costs that account for 50% of the plugin license price. The cost will be displayed before the renewal is purchased.
9. Functional test
WebStollen grants each Licensee a 14-day (fourteen-day) trial period. During this time, the licensee does not incur any license costs, the licensee receives a designated test license. After the trial license expires, there is no entitlement to a new trial period. During this test period, the licensee undertakes to check the plugin for suitability and function in connection with its online shop system, its hosting server and its other settings.
8. Warranty
8.1 In the case of merchants, the assertion of claims for defects presupposes that they have complied with their statutory duties to investigate and report (§§ 377, 381 para. 2 HGB). If a defect is discovered during the examination or later, WebStollen must be informed immediately. This can be done at any time at webstollen.de or heldesk.webstollen.de. The Licensee’s notification shall be deemed to be immediate if it is made within two weeks, whereby timely dispatch is sufficient to meet the deadline. Irrespective of this obligation to investigate and to give notice, the licensee must notify the licensee in writing of obvious defects within two weeks of becoming aware of them, whereby the timely dispatch of the notification is sufficient to meet the deadline. If the Licensee fails to properly investigate and/or report defects, WebStollen shall not be liable for the unreported obvious defect.
8.2 Webstollen warrants for a period of twelve months from the date of delivery that the software essentially corresponds to the program description in the accompanying documentation in terms of its functionality.
8.4 WebStollen points out that, according to the state of the art, it is not possible to produce computer software completely error-free.
8.5 If a program error (defect) occurs, it must be described in a written description of the error and its appearance in such detail that it is possible to check the error (e.g. by submitting the error messages) and an operating error on the part of the user can be ruled out.
8.6 Withdrawal due to an insignificant defect is excluded.
8.7 WebStollen will remedy a defect within a reasonable period of time after receipt of the notification of defects by providing a replacement at its own option, remedying the defect or offering an equivalent workaround solution in terms of functionalities. As part of such remediation, Licensee shall be provided with the Defect-corrected Software or a patch or update in the same manner as the Software under this Agreement.
8.8 If the defect cannot be reproduced and analysed in the system environment of WebStollen, the Licensee shall, by prior agreement, provide WebStollen with access to its own system to the extent necessary for the analysis. There is no analysis or elimination of the defect on site at the licensee’s premises.
8.9 If the remedy of the defect in accordance with No. 8.7, the Licensee may, after the expiry of a further reasonable grace period, either withdraw from the contract or demand a reduction in the remuneration. The right of withdrawal does not exist if the defect is insignificant. The Licensee shall also be entitled to the rights described in sentence 1 if WebStollen refuses to provide a replacement, remedy of defects or delivery of a circumvention solution or if the Licensee cannot reasonably be expected to deliver a replacement, remedy or circumvention solution.
8.10 If it turns out that an error reported by the Licensee is not due to a material defect or defect of title in the Software for which WebStollen is responsible, WebStollen shall be reimbursed by the Licensee for the expenses incurred as a result. This does not apply if the licensee is not responsible for the unjustified complaint, in particular if the licensee could not recognize that the defect complained of is not attributable to WebStollen. Any fault of any third parties commissioned by the Licensee in connection with the installation and/or operation of the Software must be imputed to the Licensee as its own fault.
9. Limitation of Liability
9.1 WebStollen shall only be liable for damages caused intentionally and through gross negligence and only to the extent that it is mandatory by law. Liability for direct or indirect consequential damages, financial losses, loss of profit or damages due to business interruption is excluded.
9.2 WebStollen assumes no liability for damages caused by errors, defects or improper installation of third-party software.
9.3 The Licensee shall not be liable for defects if the Licensee has made changes to the Software without the prior consent of WebStoll or has had them made by a third party, or if the Software is used by the Licensee for a purpose not covered by the License Agreement and if the modification or use in breach of contract is solely responsible for the occurrence of the defect.
9.4 WebStollen’s strict liability for defects existing at the time the software is made available is excluded.
9.5 WebStollen shall be liable for damages without limitation in the event of intent and gross negligence, regardless of the legal grounds. In the event of simple negligence, WebStollen shall only be liable for damages resulting from injury to life, limb or health, as well as for damages resulting from the breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the other party regularly relies or may rely. In the event of a breach of such a material contractual obligation, liability is limited to compensation for foreseeable, typically occurring damage up to 3 times the value of the licence and liability for foreseeable indirect damages, in particular loss of profit, is excluded. The limitations of liability do not apply in the event of fraud or claims under the Product Liability Act.
9.6 The Licensee is obliged to back up its data on a regular basis to an extent that is reasonable for it. The frequency of data backups is determined by the Licensee on his own responsibility in the exercise of the care of a conscientious businessman. WebStollen’s liability for loss of data is limited to the typical recovery effort that would have occurred if the Licensee had made the data backups regularly and in accordance with the risk. The unlimited liability of WebStollen in the cases referred to in No. 9.5 shall remain unaffected.
10. Rights of third parties
If a third party asserts against the Licensee that the Software infringes the rights of this third party, the Licensee shall notify WebStollen immediately. Licensee shall not be entitled to acknowledge such third-party claims until WebStollen has given WebStollen a reasonable opportunity to defend itself against the claims asserted by the third party by other means.
If the Software actually infringes the rights of third parties, WebStollen shall, at its own discretion and at its own expense, taking into account the interests of the Licensee, either provide the Licensee with the necessary rights to use the affected right of the third party or modify the Software in such a way that it no longer infringes the affected right of the third party. If this is not possible, No. 8 correspondingly.
Claims for liability for defects on the part of the Licensee remain unaffected.
11. Final Provisions
11.1 Should individual clauses in this contract be or become invalid, this shall not affect the validity of the remaining provisions. The void clause shall be replaced by that which comes closest to the intended purpose of the contracting parties.
11.2 This Agreement contains all agreements. There are no verbal ancillary agreements. Changes to the contract must be made in writing.
11.3 The place of jurisdiction is, to the extent permitted by law, Regensburg.
11.4 German law applies.
Version from 01.03.2022
Registered trademark © 2024 WebStollen GmbH. All rights reserved.
Prinz-Ludwig-Str. 17, 93055 Regensburg