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iboxxit

Terms of Service

The following Terms of Service, consisting of the Service Description, the General Terms and Conditions (the “GT&C”) as well as the Third Party License Conditions, shall apply between iboxxit GmbH, Krefelder Strasse 225, 52070, Germany, phone no. +49-241-41251100, E-Mail: service@iboxxit.com (“iboxxit”) and you (the “Customer”). Unless explicitly noted otherwise, this English version is provided for information purposes only and the German version shall be legally binding and decisive.

  1. Service Description
  2. General Terms and Conditions
  3. Third Party License Terms

I. Service Description

iboxxit provides to the Customer the Services defined below in the version selected by the Customer for the contractual use within the agreed purpose of use (including the relevant IT resources) on the basis of a license agreement. The use is only possible if the relevant system requirements are complied with. In detail the following applies:

  1. Services

    1. iboxxid provides to the Customer the use of a tele media service hosted in the internet as well as the use of software for the visual collection and management of inventory information as well as for exchanging information with other Customers during the agreed term of the contract (the “iboxxit-Services”).
    2. The iboxxit-Services currently encompass the following components:

      1. access to the iboxxit website;
      2. provision of a Customer account;
      3. the provision and use of software (the so-called “Apps”) for the collection, storage and management of photos and descriptions of real life things (the so-called “Items”), which can be filed in a predescribed way in virtual boxes (so-called “Boxxes”) or outside of such boxes (as so-called “Unboxxed Items”) at virtual places (so-called “Places”; the content so collected and filed content jointly also called the “Customer Content”); as well as
      4. the provision and use of documents in PDF format and/or other formats, with which labels/stickers can be created, which may be affixed to real life boxes and which allow for a manual and/or automatic reference to the filed data – depending on the means of access available to the Customer (the “iboxxit-Labels”), in each case by way of a mobile device (e.g. smartphone, tablet) and/or a web browser.
    3. The iboxxit-Services have the quality of service described below:

      1. All services are provided within the scope of the technical and operational feasibility as well as the general availability of the internet.
      2. Central components and services (including the provision of all servers and all server side data transfers; jointly the “Central Services”) are controlled by iboxxit but are physically provided by a third party – currently Amazon Web Services, Inc. or its group companies – (the “Cloud Service Provider”).
      3. The server side availability of the iboxxit-Services is determined based on the availabilities of the Cloud Service Provider as well as under consideration of the planned and unplanned maintenance intervals (e.g. in case of software updates of Apps or Central Services) and amounts to an average of 98.5% calculated on an annual basis.
      4. Particluar response times or latencies for data queries or data transfer speeds or qualities shall not be owed.
      5. Providing access to the internet is not within the scope of the iboxxit-Services, it being understood that the actual availability of the iboxxit-Services to the Customer (including the quality criteria mentioned in letter (d) above) essentially is dependent on such access. The Customer rather has the sole responsibility to procure access to the internet.
  2. Versions and Contractual Use

    iboxxit presently offers the iboxxit-Services in the following three versions, which in each case define the contractual use of the iboxxit-Services to be provided:

    1. Free-Version

      The Free-Version is provided to the Customer free of charge and for an indefinite term; it enables the Customer to view Customer Content of other Customers, to the extent shared as well as – to a limited extent – the creation of own Customer Content. The limitation can be assessed by iboxxit in its reasonable discretion and curently amounts to 4 Places, 4 Boxxes (expandable to 20 Boxxes under certain conditions) and up to 1,000 Item-Entries (one “Item-Entry” corresponds with one photo, irrespective of the quantity of physical items allocated to the relevant photo, e.g., a photo of ten picture frames with the quantity “10” thus only counts as one Item-Entry). This includes iboxxit’s right to discontinue the Free-Version completely, as the case may be. There is no legal right to claim expansions of the scope of use of the Free-Version for one’s own Customer Content.

    2. Premium-Version

      The Premium-Version is made available to the Customer for a fee of currently EUR 19.99 (including applicable VAT) for a term of one year from the conclusion of contract. It enables the Customer to create own Customer Content of up to 10,000 Item-Entries in up to 500 Boxxes and 100 Places within the agreed purpose of use (see section 3.2) and to view the Customer Content of other Customers to the extent shared.

    3. Business-Version

      The scope of services offered in the Business-Version correlates with the one in the Premium-Version, but with the following expanded limits: up to 100,000 Item-Entries in up to 1,000 Boxxes and up to 100 Places. It is made available to the Customer for a fee of currently EUR 69.99 (including applicable VAT).

  3. Purpose of Use and Utilization of IT-Ressources

    1. In the Free-Version, Premium-Version and Business-Version the generation and management of Customer Content via writing rights is only possible from one customer account, although viewing rights for the respective Customer Content might be granted to multiple other Customers. The iboxxit-Services are addressed to groups of private people with a manageable size as well as small and medium size enterprises who wish to administrate a reasonable amount of inventory information; they do not qualify as professional storage administration. The iboxxit-Services and their components are neither multi-client capable nor do they allow for the administration of usergroups with differentiated writing rights. The automatic recognition of objects, in particular after these have been photographed, is not within the scope of the iboxxit-Services. Item-Entries are to be described individually by the Customer.
    2. For the use of the iboxxit-Services within the agreed purpose of use, the Customer may utilize appropriate computer memory, appropriate computing capacity and appropriate data transfer capacity (“IT Resources”) typical for the aforementioned groups of people or organizations – outside of a professional storage administration – in accordance with the agreed purpose of use. iboxxit is entitled to determine, in particular, appropriate contingents for IT Resources or maximum limits at its sole discretion. The Apps may further contain certain program related maximum limits the Customer has to comply with and whose adherence is partly determined due to program related matters (presently in addition to the limits described In section 2, for all versions 1,000 Item-Entries per Boxx).
    3. The iboxxit-Services may only be used in compliance with the license agreement (section 4 of the Service Description) and in line with the terms of use and provisions of the GT&C (see section II) and the Third Party License Conditions (see section III). The use of an iOS-App is subject to additional provisions as set out in section III.2.1.
  4. License Agreement

    Notwithstanding the applicable license terms of third party software and content (see Third Party License Conditions in section III), which apply independently from the following granting of a right of use to the Customer by iboxxit, iboxxit grants a non-exclusive, locally unlimited right of use to the Customer concerning the Apps and relating website applications to use the iboxxit-Services for the respective term of contract. This right of use is subject to (i) any content limitations following this Service Description, in particular the purpose of use as set out in section 3, the GT&C as well as the Third Party License Conditions and (ii) is neither sub-licensable nor transferable; section 3.7 of the GT&C remains unaffected.

  5. System Requirements

    The Customer is only able to use the iboxxit-Services if the IT systems installed by him are able to run an up-to-date web browser. For using the Apps, a smartphone or tablet with a camera as well as an up-to-date version of Android (currently at least 4.0.3) or iOS (currently at least 9.0.1) is required.

  6. Reservation of Changes

    For operational and/or technical development reasons iboxxit is at any time entitled to change the specifications and functionalities of the iboxxit-Services according to aforementioned sections 1 to 4 (e.g. by way of updates of respective software), provided that the respective change does not materially decrease or affect the scope of the iboxxit-Services. This might also lead to changes relating to the system requirements (see aforementioned section 5) which then need to be adhered to by the Customer.

II. General Terms and Conditions

  1. Applicability, Definitions of Terms

    1. The following GT&C apply to all contracts between iboxxit and the Customer in relation to the use of the iboxxit-Services. Prior to the first use of the iboxxit-Services the Customer needs to accept the applicability of these GT&C as binding, otherwise the use of the iboxxit-Services will not be possible.
    2. The provision of the iboxxit-Services is made exclusively under applicability of these GT&C. The applicability of opposing or deviating general terms and conditions of the Customer is excluded.
    3. If these GT&C refer to the term “consumer”, consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession as defined in section 13 of the German Civil Code. An “entrepreneur” means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession as defined in section 14.1 of the German Civil Code. The term “Customer(s)” as used in these GT&C means consumers as well as entrepreneurs.
    4. These GT&C are accessable at any time under “Terms of Service” on the website www.iboxxit.com. Furthermore, this document containing all applicable Terms of Service (Service Description, GT&C, Third Party License Conditions) may be printed, converted into a PDF file or saved.
  2. Registration of a Customer Account, Conclusion / Performance of Contract

    1. For the use of the iboxxit-Services it is necessary to establish a customer account, for which each Customer needs to register himself. Eligible are natural persons of full legal capacity aged 18, or older as well as legal entities. The use via automatic installations (robots) is not allowed. It is the sole responsibility of each Customer to provide complete and true information for his registration.
    2. A contract for the use of the iboxxit-Services is only concluded when iboxxit confirmed to the Customer in text form that a customer account has been opened for him. The term of the contract starts with the receipt of this confirmation by the Customer (hereinafter “Date of Provision”). The registration for the iboxxit-Services and the establishment of a customer account are not legally enforceable and may not be claimed in any other form.
    3. Each Customer may log in to his individual customer account with his individual access data via the iboxxit website and/or the iboxxit App.
    4. iboxxit uses the e-mail-address which has been provided by the Customer during the registration process to contact the Customer in line with the further fulfillment of the contract. iboxxit points out that the Customer may receive contractual declarations (e.g. changes of the GT&C, see section 12 of these GT&C) by way of e-mail.
  3. General Terms of Use

    1. The Customer may use the iboxxit-Services in accordance with the Service Description, these GT&C and the Third Party License Conditions for his own purposes. Any illegal use of the iboxxit-Services, in particular a use violating legal prohibitions in Germany or at the place of residence or business of the Customer, respectively other Customers which have been invited by the Customer, and/or violating any third party rights, is prohibited. If and to the extent that objects may not be possessed by the Customer under German law and/or the local law applicable to the Customer, the assessment and management of such objects via iboxxit is prohibited. The Customer assures that (i) he is not residing in a country on which the US government has imposed an embargo or that the US government has classified as a country supporting terrorists and that (ii) he is not named on a list of forbidden or restricted parties issued by the US government.
    2. Notwithstanding any further exceeding legal prohibitions the Customer needs to comply with, iboxxit may not be used for or the management of Customer Content for purposes qualifying as incitement of the people, purposes glorifying violence, pornographic purposes, purposes violating any conventions on biodiversity, terroristic purposes, National Socialist purposes or other racist purposes. iboxxit may not be used for the development, construction, operation or maintenance of nuclear facilities.
    3. Access to the iboxxit server and its AIPs (i.e. programming interfaces) and contents without using the iboxxit website or one of the iboxxit Apps is not allowed without explicit and prior permission of iboxxit.
    4. Only the Customer is responsible for the Customer Content, in particular photos, descriptions, specifications and objects in the relating “Items”, “Boxxes”, “Unboxxed Items” and “Places”, and their rightfulness according to the aforementioned provisions. In relation to the Customer iboxxit is not obliged to verify the Customer Content and its rightfulness.
    5. iboxxit is entitled to delete Customer Content and/or to block a Customer, if there are specific indications that the Customer Content as provided by the Customer and/or a third party violates legal provisions, rights of third parties or these GT&C. In such a case the Customer may not claim the repayment of a fee already paid. Should the customer account have been blocked, the Customer may send an e-mail to service@iboxxit.com and ask for an explanation of the blocking. Any additional rights of iboxxit, in particular an extraordinary notice of cancellation of the contract, remain explicitly unaffected.
    6. The Customer is obliged to treat the individual access data for his customer account as provided by iboxxit confidential and to protect it appropriately against any unauthorized access of third parties. The Customer may only provide his individual access data to third parties in accordance with section 3.7 below.
    7. The Customer of a Premium-Version or Business-Version is entitled to provide the individual access data and access to his customer account to certain natural persons within his area of responsibility (e.g. a family member to other family members, an entrepreneur or body of an association to certain staff members or other members) for use within the agreed purpose of use (such natural persons are hereinafter referred to as “Authorized Users”). In this case the Customer has to ensure by appropriate measures that (i) the iboxxit-Services are not used in an illegal way by Authorized Users or other third parties and that (ii) Authorized Users adhere to all provisions of the Service Description, these GT&C and the Third Party License Conditions. Legal declarations of Authorized Users provided via the iboxxit website or via use of the individual access data are being assigned to the Customer unless the Customer proves that the use was unauthorized and could not be foreseen and prevented by him. iboxxit is not liable for any damages or other disadvantages which might occur to the Customer or an Authorized User due to iboxxit trusting in a declaration which was given in the name of the Customer but not authorized by him (e.g. a notice of cancellation) in any case.
    8. Any culpable use of the iboxxit website and/or the iboxxit Apps or the abusive use of Customer Content contained therein is prohibited. In particular, the Customer has to refrain from any use of Customer Content made accessible to him which is not in accordance with the stipulated platform internal purpose of use.
    9. In case of an inappropriate use of resources (e.g. far above average data volume) by the Customer, iboxxit reserves the right to bar the Customer from the further use of the iboxxit-Services or to restrict the use and reduce the customer account in a way that it correlates with an average use.
    10. The Customer is obliged to generate back-up files of all data and Customer Content in the customer account at appropriate intervals, so that data and Customer Content which might have been lost or destroyed may be restored within appropriate time and effort.
  4. Customer’s Rights to and in Connection with Customer Content

    1. Subject to the limited right of use pursuant to section 9.4 necessary for the use of the iboxxit-Services, the Customer is and will be owner of all Customer Content as well as the physical and data authority related thereto.
    2. WIf and to the extent the Customer Content qualifies as personal data and the Customer qualifies as principal within the direct or respective application of section 11 of the Federal Data Protection Act, iboxxit will assist in the conclusion of an agreement relating to the commissioned collection, processing or use of personal data at the request of the Customer. Such an agreement is entirely subject to these Terms of Service. iboxxit is entitled to depend the conclusion of such an agreement on the payment of an appropriate fee and the reimbursement of any related expenses by the Customer to iboxxit.
  5. Right of Withdrawal for Consumers

    Consumers have a 14 days right of withdrawal:

    Information on the right of withdrawal

    Right of withdrawal

    You have the right to withdraw from this contract within 14 days without giving any reason.

    The withdrawal period will expire after 14 days from the day of conclusion of the contract.

    To exercise the right of withdrawal, you must inform us (iboxxit GmbH, Krefelder Strasse 225, 52070 Aachen, E-Mail: service@iboxxit.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

    Effects of withdrawal

    If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

    If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

  6. Model Withdrawal Form

    If you wish to withdraw from the contract in accordance with aforementioned section 5 of these GT&C, you may use this model withdrawal form and send it back to us. The use of this model form is not obligatory.

    To

    iboxxit GmbH
    Krefelder Strasse 225
    52070 Aachen

    E-Mail: service@iboxxit.de

    I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*)

    Ordered on (*)/received on (*)

    Name of consumer(s)

    Address of consumer(s)

    Signature of consumer(s) (only if this form is notified on paper)

    Date

    (*) Delete as appropriate.

  7. Fees

    1. All prices stated on the iboxxit website are lump sum prices in euro. All prices include any legally applicable German sales tax. In case any taxes, fees and similar costs accrue outside of Germany, these have to be borne by the Customer.
    2. The fees for iboxxit-Services with costs (Premium- and Business-Versions) have to be paid by the Customer in advance prior to the term of contract respectively the particular period of prolongation.
    3. The fees for iboxxit-Services with costs have to be paid via the payment services offered by PayPal (Europe) S.à r.l. et Cie, S.C.A. (hereinafter “PayPal”). iboxxit incorporated the possibility to pay via PayPal. The Customer needs to have a PayPal user account. iboxxit is entitled to offer further methods of payment and, in this case, may also stop offering the possibility of payments via PayPal.
    4. The Customer is only entitled to net any claims against payment claims of iboxxit if such claims are undisputed or have been determined as effective.
  8. Term / Termination

    1. Contracts relating to iboxxit-Services as offered in the Premium- or Business-Version have a term of one year. The term of contract starts with the Date of Provision. It is being prolongated automatically for another year at a time, if the contract has not been terminated by either party with a notice period of three months before the end of term according to sentence 1 or the respective term of prolongation.
    2. The right of both parties to extraordinarily terminate the contract for important reason is not affected by section 8.1 of these GT&C.
    3. Contracts relating to iboxxit-Services as offered in the Free-Version (including Premium- and Business-Versions provided free of charge) may be terminated by both parties at any time with immediate effect.
    4. Each termination of contract has to be made in writing to be effective unless it is made via the respective function on the iboxxit website following a proper registration of the Customer.
    5. In case of a termination of a Premium- or Business-Version data and Customer Content provided in the customer account will be available at the conditions of the Free-Version for an unlimited time if the Customer so wishes. Such data and Customer Content will be accessible for the Customer if and to the extent the conditions of use for the Free-Version are met, but may no longer be changed. Should the Customer not make use of the aforementioned option or should a Free-Version be terminated, the Customer is entitled to access data and Customer Content within 30 days after termination of contract. After expiration of this period iboxxit is entitled to permanently and irrevocably delete any data and Customer Content still remaining on its servers.
  9. Grant of Use Rights / Open Source Software / Third Party IP Rights

    1. iboxxit only grants to the Customer rights of use relating to the software covered by the contract to the extent set out in the license granted in accordance with section 4 of the Service Description.
    2. The iboxxit Android App contains, inter alia, Open Source Software. Rights of use relating to such Open Source Software are not granted by iboxxit, but exclusively and to the extent and stipulations of the applicable license conditions as determined by the licensers of such Open Source Software in the applicable terms of license (see section III – “Third Party License Conditions”). iboxxit herewith explicitly points out that these Third Party License Conditions are applicable. The Customer is obliged to adhere to these Third Party License Conditions also vis-à-vis iboxxit.
    3. If in relation to the rights of use of a third party, as aforementioned in section 9.1, a violation of proprietary rights is being claimed or threatened, iboxxit is entitled to secure the Customer’s ongoing right of use or to modify the iboxxit-Services according to the Service Description at its own discretion and costs in order to prevent violations of proprietary rights or to terminate the contract under reimbursement of any fees which might not have been expended. Claims of the Customer are excluded if and to the extent a violation of proprietary rights has been caused by an unauthorized alteration of the iboxxit-Services or the related software or any other use by the Customer violating the provisions of the Service Description, the GT&C or the Third Party License Conditions.
    4. The Customer Content provided by the Customer in the customer account may for its part be protected by copyright and/or ancillary copyright; this applies in particular to the photographic works and/or photographs provided by the Customer. Against this background the Customer grants to iboxxit for the term of the contract and until termination of all contractual relations between the parties (including the data retention period according to section 8.5), and to the extent necessary for providing the intended use of the iboxxit-Services, a non-exclusive, locally unlimited right of use concerning all Customer Content. This right of use may be sub-licensed to subcontractors of iboxxit and comprises in particular the following rights:

      1. the online- and call-off right, i.e. the right to grant access and provide Customer Content to other Customers via digital or ulterior memories and transfer mode systems (“Shared Items”) in a way that these Customers might access the Customer Content in each case by individual call via a personal computer, smartphone, tablet, television set or other receiver terminal for an interactive use;
      2. the right relating to database and telecommunication, i.e. the right to apply the Customer Content into electronic databases and/or data networks and to transfer Customer Content to other Customers which have been granted access to the Customer Content via digital or ulterior memories, transfer mode systems and online services or via other means of transfer at call (Shared Items), with the intended purpose of reproduction, onward transmission and/or storage and interactive use via personal computer, smartphone, tablet, television set or other receiver terminal. This includes the right to edit and reconfigure Customer Content for the intended purposes mentioned above and within the framework of program determined illustration facilities.
      3. the right to duplicate Customer Content in accordance with the methods of use as granted before.
        It is being clarified that the rights of use granted in this section 9.4 shall only enable iboxxit to provide the iboxxit-Services. Any use exceeding the granted right of use in content or time is only allowed with the prior consent of the Customer.
  10. Liability

    Any liability of iboxxit in relation to damage compensation and/or reimbursement of expenses arising from or in connection with the contractual relationship between iboxxit and the Customer is subject to the following limitations:

    1. In case of willful misconduct or gross negligence, granting of a quality and/or durability guarantee as well as fraudulent concealment of a defect, iboxxit is liable according to statutory law provisions.
    2. In case of ordinary negligence, iboxxit is fully liable for injuries of life, body or physical health. Incidentally, in case of ordinary negligence iboxxit is only liable for injuries of cardinal obligations and only for damages typical for the contract and foreseeable. A cardinal obligation is a material contractual obligation whose fulfillment is generally necessary for a proper realization of the contract and on whose observance the Customer regularly may rely.
    3. A strict liability of iboxxit pursuant to section 536a German Civil Code in relation to any defects pre-existing at the time of conclusion of contract is excluded. Sections 10.1 and 10.2 remain unaffected.
    4. The liability pursuant to the provisions of the Product Liability Act remains unaffected.
  11. Data Protection

    1. iboxxit uses data collected in relation to the provision of its respective services and/or personal data provided by the Customer only in accordance with the contractual relationship with the Customer. As far as necessary to render the iboxxit-Services, this also includes the circulation of these personal data to third parties instructed with the realization of the contract.
    2. iboxxit collects, processes and uses personal data pursuant to the respective applicable legal regulations, in particular the provisions of the Federal Data Protection Act and the German Act for Telemedia Services. iboxxit observes the principles on data reduction and data minimization. Further details on the collection, processing and use of personal data by iboxxit result from the Privacy Policy.
  12. Changes of General Terms and Conditions

    1. iboxxit is entitled to unilaterally change these GT&C – insofar as they have been incorporated into the contractual relationship with the Customer – to the extent this seems practicable or necessary for an alignment to a change in law or jurisdiction by the supreme court or any other market forces, in particular general technical conditions.
    2. The registered Customer will be informed on the details of any changes of provisions by e-mail. The respective change will be incorporated in the contract, unless the Customer objects to such an incorporation in written or text form within a period of six weeks after receipt of the notification of change.
  13. Final Provisions

    1. In case a provision of these GT&C is ineffective, all other provisions remain unaffected by this. In lieu of the ineffective provision the applicable legal regulations apply.
    2. The law of the Federal Republic of Germany is applicable for these GT&C and all legal relationships between iboxxit and the Customer, to the exclusion of the provisions of private international law referencing into another legal system, and the United Nations Convention on Contracts for the International Sale of Goods. This also applies if the Customer’s seat of residence is in another country than Germany. Vis-à-vis consumers this choice of law is only insofar applicable as the protection granted is not revoked by mandatory legal provisions pursuant to the law of the country in which the consumer has his main residence.
    3. For the course of business with merchants, corporate bodies under public law or separate estates subject to public law, Frankfurt am Main is the place of jurisdiction for all legal disputes arising from or in connection with these General Terms and Conditions.

III. Third Party License Terms

  1. Android-App

    The Android App may contain the following licensed material whose incorporation iboxxit explicity – partially in the original language of the respective licenses – points out:

    1. Apache 2.0 Licensed Material

      The following components

      • Apache Commons IO, Apache Commons Lang, Apache Http Components © Apache Software Foundation
      • Jackson Core © FasterXML, LLC
      • Android Support Library © The Android Open Source Project
      • HoloColorPicker © Lars Werkman THIS SOFTWARE WAS CHANGED
      • Zxing Core © ZXing Project / Sean Owen

      are subject to the Apache 2.0 license conditions which are completely reflected in the Annex to these Third Party License Conditions.

    2. MIT Licensed Material (Binding English Version)

      • TouchImageView © 2012 Michael Ortiz
      • Cropimage © 2012 Jan Muller
      • emoji‐java Copyright © 2014‐present, Vincent Durmont (vdurmont@gmail.com)

      Permission is hereby granted, free of charge, to any person obtaining a copy of TouchImageView, Cropimage and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so.
      For the avoidance of doubt, the above permission only extends to TouchImage View and Cropimage but not to the Android App.

    3. Other Licensed Material (Binding English Version)

      Zxing Core may contain jai-imageio, which is subject to the following additional notices:
      Copyright (c) 2005 Sun Microsystems, Inc.
      Copyright © 2010-2014 University of Manchester
      Copyright © 2010-2015 Stian Soiland-Reyes
      Copyright © 2015 Peter Hull
      All Rights Reserved.
      Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
      – Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
      – Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
      Neither the name of Sun Microsystems, Inc. or the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission.
      This software is provided “AS IS,” without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. (“SUN”) AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
      You acknowledge that this software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility.

  2. iOS-App

    The iOS App is subject to the additional provisions pursuant to section 2.1 and may contain the licensed material as set out in section 2.2 whose incorporation iboxxit explicitly – partially in the original language of the respective licenses – points out:

    1. Additional Terms Applying for the iOS-App

      In relation to the iOS App the Terms of Service constitute the license agreement for the end-users, the so-called “EULA”. This section 2.1 of the Third Party License Conditions is solely applicable for the use of the iOS App (in this section 2.1 hereinafter also referred to as “Licensed Application”) and is insofar overriding all other contract provisions.

      1. iboxxit and the end-user acknowledge that the EULA is concluded between iboxxit and the end-user and iboxxit is solely responsible for the iOS App and the content thereof and not Apple, a corporation according to the law of the US federal state of California (“Apple”).
      2. The license granted to the end-user for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that the end-user owns or controls and as permitted by the usage rules set forth in the App Store terms of service, except that such Licensed Application may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
      3. iboxxit is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the Terms of Service, or as required under applicable law. iboxxit and the end-user acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
      4. iboxxit is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and within the Terms of Service iboxxit is solely responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
      5. iboxxit and the end-user acknowledge that they, not Apple, are responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
      6. iboxxit and the end-user acknowledge that, in the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, iboxxit and not Apple will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
      7. The end-user must comply with applicable third party terms of agreement when using the Licensed Application (e.g. the contractual terms of his/her mobile service agreement).
      8. In relation to the use of the Licensed Application and any rights relating thereto, iboxxit and the end-user acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.
    2. MIT Licensed Material (Binding English Version)

      • SloppySwiper © 2014 Arkadiusz Holko, fastred@fastred.org
      • ENSwiftSideMenu © 2014 Evgeny Nazarov (https://github.com/evnaz)
      • TOCropViewController © 2015-2016 Tim Oliver
      • NSString-RemoveEmoji © 2014 woxtu
      • ImageScrollView © 2016 Huy Nguyen

      Permission is hereby granted, free of charge, to any person obtaining a copy of SloppySwiper, ENSwiftSideMenu, TOCropViewController, NSString-RemoveEmoji and ImageScrollView and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so.
      For the avoidance of doubt, the above permission only extends to SloppySwiper, ENSwiftSideMenu, TOCropViewController, NSString-RemoveEmoji and ImageScrollView but not to the iOS App.

    3. Other Licensed Material (Binding English Version)

      Reachability © 2011-2013, Tony Million. All rights reserved.

      Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

      1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

      2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

      THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    4. Sounds in both Apps

      The sounds “Checkout Scanner Beep” and “Computer Error Alert” are used with Creative Commons Attribution 3.0 to Mike Koenig, who has recorded these sounds. “Electrocardiogram 60 Hz” is used based on the general permission by Joseph Sardin on BigSoundBank.com. All sounds have been processed for brevity and inclusion into the Apps.

Annex to the Third Party License Conditions – original terms of the Apache 2.0 license (Binding English Version)

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

  1. Definitions.
    “License” shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
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    “Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
    “You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by this License.
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    “Object” form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
    “Work” shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
    “Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
    “Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”
    “Contributor” shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
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  4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

    1. You must give any other recipients of the Work or Derivative Works a copy of this License; and
    2. You must cause any modified files to carry prominent notices stating that You changed the files; and
    3. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
    4. If the Work includes a “NOTICE” text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

    You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

  5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
  6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
  7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
  8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
  9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
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