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License Agreement and Terms & Conditions "Jessops Photo"

License Agreement and terms regarding the installation and use of the software
application Jessops Photo (Software), published by authorized cewe-photoprovider .
End User License Agreement and Terms & Conditions
THESE GENERAL TERMS & CONDITIONS PRESENT A LICENSE AGREEMENT BETWEEN THE
LICENSEE (YOU) AND authorized cewe-photo-provider AND ITS SUPPLIER CEWE
Stiftung & Co. KGaA (Oldenburg, Germany, Meerweg 30-32, D-26133 Oldenburg), WHO
IS THE AUTHOR AND PROPRIETOR OF THE INTELECTUAL PROPERTY AND DEFINE THE TERMS &
CONDITIONS (THE "AGREEMENT"). ADVICE FOR THE USER: THIS IS A CONTRACT. BY
INSTALLING THIS SOFTWARE YOU ACCEPT THE TERMS OF THE LICENSE (AGREEMENT).
All Software remains the property of CEWE Stiftung & Co. KGaA and You also
acquire a single user licence to use the Software under the following terms:
1 All worldwide trademarks, the copyright and patents in and to the Software,
Product and Content are and remain owned solely by CEWE Stiftung & Co. KGaA, its
successors, assigns and/or licensors.
2 You may make a reasonable number (maximum of three) of backup copies on
removable media of the Software for use by You only. Any copyright notices must
be reproduced on all backup copies. No other backup copies may be made.
3 The Software and any documentation supplied in the Product shall not be
adapted, modified, decompiled or disassembled in any way or translated into any
other computer or foreign language either in whole or in part or be reproduced
in any way whatsoever.
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LICENSEES OBLIGATIONS AND TERMS & CONDITIONS
4.1 You accept, that You can use the Software only to order prints and to
transfer digital images to a photo lab and to view, edit and manage Your own
image files on a computer. You confirm herewith, that You are entitled to
transmit and print the images and that You own all copyright in the pictures
that you transmit through this Software. You agree that you will only use the
services of authorized cewe-photo-provider in a manner that is consistent with
the Terms of this Agreement and in a way that complies with all applicable laws
and regulations.
4.2 You alone accept your full liability for the data posted or transmitted
through this Software. You accept to abstain from storing, posting or
transmitting through this software any material to which you have no rights. You
are responsible for the content of photos transmitted by you through this
Software and agree to indemnify, defend and hold harmless authorized cewe-photoprovider, its officers, directors, employees, agents, licensors, suppliers and
any third party and providers to authorized cewe-photo-provider from and
against any or all losses, expenses, damages and costs including legal fees
resulting from any violation of this Agreement, or any activity relating to your
account by you or any other person accessing the Software or authorized cewephoto-provider services through your account.
4.3 You accept not to use the Software to edit, manage or transmit any images
containing offensive language or imagery, or anything obscene, illicit,
criminal, pornographic, sexually inciting, threatening, harassing, extremist or
defamatory.

4.4 You will make no attempts to hide your individual identity when posting
photos through this software application. An email address alone is insufficient
for these purposes.
4.5 You are responsible for, and must use Your best efforts to ensure that no
other person breaks the terms & conditions of this agreement. To the extent to
which Your use, or the use by any person who may be authorised by You, or for
whom You are responsible (for example, your child) causes damages or loss to any
person, you agree to indemnify us immediately on demand in relation to such
losses or damages, including any legal costs, that may arise from such use.
4.6 Authorized cewe-photo-provider and its suppliers claim no ownership of Your
personal photos. You hereby grant us a non-exclusive, royalty-free, fully-paid
perpetual licence to use, download, upload, copy, print, display, reproduce,
post, transmit and distribute these photos in the normal course of our business.
4.7 You acknowledge that, with the exception of any photos posted by You on the
authorized cewe-photo-provider Website, any intellectual property in the
remaining content of the authorized cewe-photo-provider Website (including
photos posted by third parties) belongs to us or our licensors.
4.8 If You wish to transfer the licence to use the Software to any other party,
You must transfer the Original Product as well and its original contents
together to the same party and may not transfer part only. Upon transfer You
shall destroy all backup copies made by Yourself and shall delete from Your
computer(s) all files installed from the Product. The Licensee shall ensure that
the terms of this Licence Agreement are drawn to the attention of any transferee
and any transferee shall upon acceptance of the Product become subject to this
Agreement.
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LIMITED WARRANTY
authorized cewe-photo-provider warrants that the Software in the package will
substantially carry out the functions described in the Help but does not warrant
that it is free of errors or bugs. No further warranty is given. In no event
shall authorized cewe-photo-provider's maximum liability, under any
circumstances whether based on action or claims in contract or in tort
(including without limitation negligence and strict liability) exceed the
purchase price of the Software or the print order.
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SERVICE

6.1 All orders are final and subject to availability of goods. As photos are
personalised material, they cannot be returned unless quality or damage in
transit is at issue. Please contact us at OPS2@photoprintit.de if You are not
satisfied with Your order. We are also unable to cancel or amend any order after
it has been made.
6.2 authorized cewe-photo-provider does not accept liability for loss or damage
suffered due to a delayed delivery of the item/s, whether this loss is caused by
us or by a third party. We strive to dispatch orders within one week, but are
under no obligation to do so. Our dispatch audit systems serve as proof of
posting. If an order becomes lost in the postal system, we will resend the order
once 10 working days has passed since we dispatched the items. Should the second
package dispatched also become lost our liability ceases. If we have sent Your
order again and either package is returned to us for non collection from a
sorting office or incorrect/incomplete address provided then the postage cost of
this order is payable again. Orders shipped to an address outside the European
Union are final (except for quality issues) and we cannot be held responsible
for non-delivery of these items.
6.3 Authorized cewe-photo-provider and its providers aim to process Your order
within a few days but cannot be held responsible for any delays. We do not

accept responsibility for any loss or delay caused if an incorrect/incomplete


address has been provided. In the event that Your original order is lost in the
post, we agree to fulfil the order again if You retransmit the digital image
files.
6.4 The internet is an open network and authorized cewe-photo-provider and its
suppliers strive to protect Your data and identity and hold a pedigree of
successful fulfilment. Authorized cewe-photo-provider cannot guarantee the
protection of Your digital images during the transmission process over the
internet or that third parties may not be able to access the data.
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DISCLAIMER AND REMEDIES
This Software and its related services have been designed for a wide variety
functions and users.
Authorized cewe-photo-provider is not in a position
predetermine what You will try to do with it. Therefore, the sole liability
authorized cewe-photo-provider in respect of the Software is as set out
Paragraph

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WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY


WARRANTIES OF NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE, THE PRODUCTS AND
ALL ACCOMPANYING WRITTEN MATERIALS. THE SOFTWARE IS LICENCED AS IS AND IN NO
EVENT SHALL authorized cewe-photo-provider OR CEWE Stiftung & Co. KGaA OR ITS
SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR OTHER) DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR OTHER PECUNIARY OR OTHER LOSS DAMAGE OR HARM, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE AND/OR PRODUCTS, EVEN IF authorized cewe-photoprovider HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages or the excluding or limiting implied
warranties. As a result, the above limitations and/or exclusions may not apply
to You. Furthermore, some jurisdictions have statutory customer provisions which
may supersede this section of the Licence Agreement.
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This Licence Agreement and the Terms & Conditions shall be governed by the
laws of Germany , excluding the United Nations purchasing rights.
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U.S. Government Restricted Rights. The Product is provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject
to restrictions as set forth in sub-paragraph (c)(1)(ii) of The Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights
at 48 CFR 52.227-19, as applicable. Manufacturer is CEWE Stiftung & Co. KGaA.
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REMEMBER
This document copyright authorized cewe-photo-provider 2004, all rights
reserved. Authorized cewe-photo-provider is entitled to edit and amend the
Agreement and the Terms & Conditions at any time. You accept to adhere to new
Terms from the moment You receive notification.