End User Software License Agreement

1. Object

This End User Software Agreement (the “EULA”) applies to the installation and use of this photo service software issued by Ifolor AG (the “Software”). All orders and other business activities are subject to our General Terms of Trade in their current version. Ifolor AG is the sole owner of the Software and grants you the non-exclusive license to use the Software on a non-commercial basis for the sole purpose to place online orders with Ifolor AG (the “License”). By clicking the “I accept” button and/or by the subsequent installation and use of the Software you declare your acceptance of this EULA and of our General Terms of Trade. If you do not agree with this EULA, the License shall be null and void and you are no longer entitled to use the Software.

2. License and terms of use

• The Software and all related patents, copyright, trade marks, know-how and developments are the sole property of Ifolor AG and protected by applicable law. Accordingly, any use of the Software not granted by this EULA is strictly prohibited. You are especially not entitled to modify, re-engineer, enhance, decompile, disassemble, distribute, sell, loan or lease the Software nor to use it for any commercial purposes.
• We grant you a revocable, non-exclusive License to use the Software according to the terms of this EULA. The only use granted is to place orders with us and to edit and transmit the corresponding digital image files from your PC.
• The Software is provided “as is” for your own convenience and as a service without obligation. We do not warrant that the Software shall meet all of your requirements and expectations or that its operation shall be uninterrupted or error-free.
• In no event shall Ifolor AG be liable for any damages, including lost profits, lost savings or indirect damages such as lost or destroyed data, disruption of planning, claims of third parties or other special, incidental or consequential damages whatsoever arising out of the installation or use of or inability to use the Software, irrespective of the fact if such installation or use was appropriate or not.
• You are fully and solely responsible and liable for the digital image files transmitted by your use of the Software. You warrant that neither Ifolor AG nor any of its employees or appointees will be held liable for any illegal content and that you will fully indemnify these persons for the damage arising out of any non-compliance with this obligation.
• Ifolor AG reserves the right to modify or amend this EULA at any time and will duly notify you of any such modification or amendment. By the continued use of the Software, you agree that any such modification or amendment shall be fully binding to you. Otherwise, the License shall be null and void and you are no longer entitled to use the Software.
• This EULA and any claims arising thereof shall be subject to Swiss law and under the exclusive jurisdiction of the ordinary courts of Kreuzlingen, Switzerland.
  
  Kreuzlingen, september 2007