General Terms and Conditions

Thank you for using our products and services.

These general terms and conditions (hereinafter referred to as "Terms") govern the access and use of the software and services of Evorim GmbH. This agreement is concluded between you and Evorim GmbH (hereinafter referred to as we or us). If you are acting on behalf of a organisation, you must conclude this contract for this organisation.

A. General Terms And Conditions Of Sale

§ 1 Offer and conclusion of contract

(1) The order you make through our online shop is a binding offer. We can accept this offer within two weeks by sending an order confirmation or send the ordered software within this period.

(2) Cancellation and refund: Consumers enjoy a 14-day right of cancellation within the EU. When purchasing Software and Services, the money paid is refunded in accordance with legal regulations. In addition, no refund will be offered.

§ 2 Submitted documents

We reserve the right to property and copyright in all documents handed over to you in connection with the assignment of the order. These documents may not be made available to third parties, unless we give you our express written consent. If we do not accept the offer from you within the time limit of § 1, these documents must be returned to us without delay.

§ 3 Subject of the contract and terms of service

(1) Subject of this contract is the software from our online store.

(2) The terms and conditions for use of the software are laid down in the respective software license agreement. The license agreement is part of the purchase agreement and is listed below.

(3) The installation and maintenance of the software is not subject to this contract.

(4) The user is provided with the user manual in digital form as online documentation.

§ 4 Prices and payment

(5) The listed prices represent the final prices to be paid.

(6) VAT is shown during the order process and is dependent on your country of origin (recipient country), commercial activity and legal special arrangements. Delivery and shipping costs, for non-physical goods, are included in our prices, unless stated separately.

(7) When ordering on account or payment in advance, the payment of the purchase price has to be made exclusively on the bank account specified in the invoice. The deduction of cash discount for prompt payment is only permissible with a written special agreement.

(8) Unless otherwise agreed, the purchase price is payable within 10 days of delivery. Interest on arrears will be charged at a rate of 5% above the respective base rate (Bundesbank). The assertion of a higher damage caused by late payment remains reserved. In we claim a higher arrears, you have the opportunity to prove to us that the claimed arrears is not at all or at least substantially lower.

(9) When you buy on account, you accept an electronically sent invoice as valid. The required amount must be paid within 10 days of receipt.

§ 5 Privacy

The personal data, transmitted during the ordering process, will not be passed on to third parties, either sold nor made available to third parties.

§ 6 Delivery time

(10) Unless an explicitly binding delivery date has been agreed, our delivery dates are exclusively non-binding.

(11) The commencement of the delivery time stated by us requires the timely and proper fulfillment of the obligations by you. ---.

(12) You can ask 4 weeks after exceeding a non-binding delivery date/time of delivery in writing us to deliver within a reasonable period of time. Should we fail to meet an explicit delivery date or a delivery period, or if we are in default for a different reason, you must set a reasonable period of time for us to effect the service. If we let the grace period expire without success, you are entitled to withdraw from the purchase contract.

(13) If you are in default of acceptance or if you are guilty of other cooperation obligations, we shall be entitled to demand compensation for the damage incurred, including any additional charges. We reserve the right to make further claims. It is for the customer's own responsibility to prove that a damage of the requested amount has not occurred at all or at least substantially lower. The risk of accidental loss or accidental deterioration of the purchased goods shall be transferred to you at the time when the customer is in default of acceptance or default.

(14) Further legal claims and rights of the customer due to a delay in delivery shall remain unaffected.

§ 7 Warranty

(15) Insofar as the information contained in our brochures, advertisements and other offer documents are not expressly designated as binding by us, the illustrations or drawings contained therein are only approximate.

(16) If the delivered item does not have the condition agreed between you and us, we offer you a supplementary performance. This does not apply if we are entitled to refuse the supplementary performance due to legal regulations.

(17) You can choose initially whether the remedy should be by rectification of defects or a replacement delivery. However, we are entitled to refuse the type of supplementary performance you have chosen, if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for you. During the supplementary performance the reduction of the purchase price or the rescission of the contract by you are excluded. A repair is considered as unsuccessful if the second attempt failed, unless the nature of the cause or the defect or the other circumstances is different. If the supplementary performance has failed, or if we have refused the supplementary performance as a whole, you may demand a reduction of the purchase price or declare the rescission of the contract.

(18) Claims for damages due to a defect can not be asserted if the supplementary performance has failed or we have refused the supplementary performance.

§ 9 Governing Law

(19) This agreement and the entire legal relations of the parties are governed by the law of Germany under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(20) If any provision of these terms and conditions, a future in it recorded provision or a provision of the contract completely or partially ineffective or unenforceable, or the feasibility or later lose effectiveness, should not affect the validity of the remaining provisions. In place of the ineffective provisions, the statutory provisions shall apply.

§ 10 Entire agreement

This contract and the general terms and conditions of business contain all the agreements reached by the Parties between which the contract is concluded, to the displayed processes and it supersedes all prior or contemporaneous agreements, written or oral communications and agreements. Modifications or additions to these General Terms and Conditions may only be made in writing.

Kraichtal, 02.05.2017


B. End User License Agreement

With the download, installation or use of this software, as well as the disclosure to third parties, you accept this license agreement.

Important note: Please read this End User License Agreement carefully and make sure that you have understood all the provisions before you accept the license agreement. Provided that you agree to all terms and conditions of the license agreement, the owner and author Evorim GmbH (hereinafter referred to as "the licensor") grants you (hereinafter referred to as "user") a right to use to the present software product (hereinafter "Software" ) or services (hereinafter referred to as "Services"). If you do not agree to all of these terms, please click in this case on a button to cancel the installation and do not use this software.

The Privacy Policy describes why, how and which data and information are gathered.

LICENSE AGREEMENT Cloudevo

1. Your data

By using our Software and Services, your personal data will be collected, processed and transferred. We do not receive any ownership or right of use to your data. Your data will remain your property. You grant us the right, for the fulfilment of the function of our Software and Services, to collect, browse, transfer, share, cache, and process your data, in order to create previews, for example. Furthermore, you also allow us to encrypt your data and upload it to the cloud storage. The terms and conditions of the used cloud storage services are applied to the storage and availability of your data. We can transfer this right to service-fulfilling and assigned subcontractors and partners with whom we work or whom we trust.

2. Copyright

The software is protected by law and intellectual property of the author. All components of the software, the documentation, as well as the design are protected by copyright laws. Except the listed rights, the contract grants no rights to the intellectual property of this software. The software and all copies are the property of Evorim GmbH. In particular, all files that are shipped with the software, as well as the structure and design.

3. Software license

Provided that you agree to the license agreement, the licensor grants you a non-exclusive and revocable right to install and use the software in an admissible number and in compliance with the license terms.

You are entitled:

  • To activate the leased license keys in a single Cloudevo account.
  • To install the software on any number of computers.
  • To use the Cloudevo account activated with the Pro license on five computers.
  • To use the Cloudevo user account activated with the business license on 100 computers.
  • To create a copy of the installer or the installation disc for your own use and
  • The installation file (as a download on a website or part of a data disk (CD, DVD, BluRay, USB pen))

Free use: The software released as free and freeware is licensed exclusively for non-commercial use by individuals. The use of free versions for industrial or commercial use is prohibited. An industrial or commercial use is when the usage behavior of the software is similar to that of such nature. We reserve the right to prohibit users from using free of charge if an industrial or commercial use is suspected.

4. Limitations

A modification of the software is not permitted. Decompile, disassemble, reverse engineering or other procedures that lead to the determination of the source code or components of those or are similar, may not be applied to the software. Also the software must not be bundled in a package with other software.

You are not entitled, the rights granted to you either in parts or as a whole:

  • To rent, lend, sublicense,
  • To transfer the granted rights to third parties or to sell.

All copyright notices must remain in all components of the software.

5. Paid Software and Services

(1) Purchase: Paid Software and Services, with a time-limited license, are paid in advance. The smallest billing period is one year. An automatic renewal does not take place unless you have specified this explicitly when ordering Software and Services. Prior to the expiration of the time-limited license, you will be notified and may agree to a renewal. After expiration of a time limited license, the account will be blocked for further use until a renewal or a new license is purchased. Software with a time unlimited license is purchased by a single payment.

(2) Tax: Where required by law, we charge country-specific VAT. Companies and commercial agents from the EU and German foreign, must submit the VAT to the competent authorities themselves.

(3) Cancellation and refund: Consumers enjoy a 14-day right of cancellation within the EU. When purchasing Software and Services, the money paid is refunded in accordance with legal regulations. In addition, no refund will be offered.

(4) Trial: A free trial period of the paid Software and Services, enables you to test the software and related services free of charge. During this period, you can use all the paid features of our Software and Services. After activation of paid functions in your account or in the Software, for further use, after expiration of the test period, you are required to purchase a license.

6. Termination of use

You may at any time stop the use of our Software and Services. We reserve the right to deactivate or to delete accounts of users which have not been used for at least 12 consecutive months and have not booked any fee-based services. We reserve the right to deactivate or delete accounts of users who do not comply with these Terms or by their actions an additional liability risk arises for us. We will notify you 14 days prior to the deactivation or deletion of your account, unless a serious or urgent reason exists or is prohibited by law.

7. Guarantees

(1) All information on the products and services are descriptions and shall not represent a guarantee. There is no entitlement to product support.

(2) As a Beta or Preview marked or declared versions of the program are serve only for testing. They have not been adequately tested by the developers and can contain program errors that can damage data, files, hard disks, or even hardware. These programs should therefore only be installed or executed in a suitable test environment. An use on production systems is not intended and not permitted. Any claim to warranty, granted licensing rights and liability will be void on infringement.

(3) The licensor accepts no obligation to provide product support for the software.

(4) The Licensor accepts no obligation to store the data, metadata or other information generated by the Software in connection with the use of the Software.

(5) Updates of the software can be published without downward compatibility. For further information on the backward compatibility of individual program versions, please refer to the respective product page.

(6) We reserve the right to revoke and deactivate published product versions.

(7) Unless separately agreed in the contract, we do not guarantee the further development of existing software products or other software components.

(8) Unless agreed separately, we do not guarantee the availability of our Services.

8. Obligations of the licensee

(1) You are obliged to test the software on your operation system before and after each use, so that the desired and expected success is achieved with the software.. Before the first-time usage, you are required to create a backup of your system and all data.

(2) Cloudevo is a software for the secure synchronization of files between different devices. Therefore, you are obligated to make a copy of each file, which you synchronize with the help of the software, and keep it safe.

(3) When logging on to our service, you create an account with a password. The security of your data depends on your chosen password. The user is responsible for possible attacks on encrypted data resulting from weak passwords. The user also undertakes to keep his password secret from third parties and not to disclose on any other person. A restore or reset of the password or account is not supported.

9. Liability

(1) The licensor excludes the liability if, by using the Software or Services, you are excluded from services of your cloud storage provider.

(1) The licensor excludes liability for slightly negligent breaches of duty violation of inessential contractual duties.

(2) The licensor is liable for damages caused deliberately or through grave negligence restricted to the purchase price paid for the use of the software.

(3) Furthermore, all claims for damages, especially due to lost profit, loss of use of failed expenses, benefits from delay or breach of duty as well as non-contractual claims for indirect damage and consequential damage are excluded.

(4) Possible damage claims are in addition restricted to the amount of foreseeable when the contract was concluded; Damage claims as a result of the implementation of the licensor was not foreseeable risks may not be claimed.

(5) Dropped. The legal liability due to culpable violation of life, body or health remains unaffected.

THE USE OF THIS SOFTWARE IS SOLELY AT THE OWN RISK OF THE USER.

With the download, installation or use of this software, as well as the disclosure to third parties, you accept this license agreement.

Important note: Please read this End User License Agreement carefully and make sure that you have understood all the provisions before you accept the license agreement. Provided that you agree to all terms and conditions of the license agreement, the owner and author Evorim GmbH (hereinafter referred to as "the licensor") grants you (hereinafter referred to as "user") a right to use to the present software product (hereinafter "Software" ) or services (hereinafter referred to as "Services"). If you do not agree to all of these terms, please click in this case on a button to cancel the installation and do not use this software.

The Privacy Policy describes why, how and which data and information are gathered.

LICENSE AGREEMENT Free Firewall

1. Copyright

The software is protected by law and intellectual property of the author. All components of the software, the documentation, as well as the design are protected by copyright laws. Except the listed rights, the contract grants no rights to the intellectual property of this software. The software and all copies are the property of Evorim GmbH. In particular, all files that are shipped with the software, as well as the structure and design.

2. Software license

Provided that you agree to the license agreement, the licensor grants you a non-exclusive and revocable right to install and use the software in an admissible number and in compliance with the license terms.

You are entitled:

  • To install the software on any number of computers and to use it,
  • To create a copy of the installer or the installation disc for your own use and
  • The installation file (as a download on a website or part of a data disk (CD, DVD, BluRay, USB pen))

3. Limitations

A modification of the software is not permitted. Decompile, disassemble, reverse engineering or other procedures that lead to the determination of the source code or components of those or are similar, may not be applied to the software. Also the software must not be bundled in a package with other software.

You are not entitled, the rights granted to you either in parts or as a whole:

  • To rent, lend, sublicense,
  • To transfer the granted rights to third parties or to sell.

All copyright notices must remain in all components of the software.

4. Guarantees

(1) All information on the products and services are descriptions and shall not represent a guarantee. There is no entitlement to product support.

(2) As a Beta or Preview marked or declared versions of the program are serve only for testing. They have not been adequately tested by the developers and can contain program errors that can damage data, files, hard disks, or even hardware. These programs should therefore only be installed or executed in a suitable test environment. An use on production systems is not intended and not permitted. Any claim to warranty, granted licensing rights and liability will be void on infringement.

(3) The licensor accepts no obligation to provide product support for the software.

(4) The Licensor accepts no obligation to store the data, metadata or other information generated by the Software in connection with the use of the Software.

(5) Updates of the software can be published without downward compatibility. For further information on the backward compatibility of individual program versions, please refer to the respective product page.

(6) We reserve the right to revoke and deactivate published product versions.

(7) Unless separately agreed in the contract, we do not guarantee the further development of existing software products or other software components.

5. Obligations of the licensee

(1) You are obliged to test the software on your operation system before and after each use, so that the desired and expected success is achieved with the software.. Before the first-time usage, you are required to create a backup of your system and all data.

6. Liability

(1) The licensor excludes liability for slightly negligent breaches of duty violation of inessential contractual duties.

(2) The licensor is liable for damages caused deliberately or through grave negligence restricted to the purchase price paid for the use of the software.

(3) Furthermore, all claims for damages, especially due to lost profit, loss of use of failed expenses, benefits from delay or breach of duty as well as non-contractual claims for indirect damage and consequential damage are excluded.

(4) Possible damage claims are in addition restricted to the amount of foreseeable when the contract was concluded; Damage claims as a result of the implementation of the licensor was not foreseeable risks may not be claimed.

(5) Dropped. The legal liability due to culpable violation of life, body or health remains unaffected.

THE USE OF THIS SOFTWARE IS SOLELY AT THE OWN RISK OF THE USER.

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