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Terms of Use for Authors

  1. Scope of, and changes to, these Terms of Use
    1. These Terms of Use for Authors regulate the contractual agreement between the software author (hereinafter "Author") and the AOM Software GmbH & Co. KG, Elchdamm 28 A, 13503 Berlin, Germany (hereinafter "AOM Software") regarding the services offered by AOM Software on the platform Shareware4U.
    2. AOM Software reserves the right to change these Terms of Use. Part of the contract becomes always the current version at the time of conclusion. Authors will be informed of the changes via e-mail. If the Author does not object within 2 weeks since the announcement of the revised Terms of Use, these shall be deemed accepted.
    3. Deviating terms of the Authors do not apply. They shall also not apply if AOM Software does not explicitly object.
  2. Contract
    1. By sending the registration form, the Author makes a binding offer that is acceptable to AOM Software within 2 weeks. AOM Software accepts the offer by sending an e-mail with a confirmation of registration. With the acceptance, a final contract regarding the free services offered by AOM Software (see 3. below) is concluded, which includes with these Terms of Use.
    2. AOM Software reserves the right to also offer services against consideration. About such services, a separate agreement needs to be concluded between AOM Software and the Author.
    3. The Author assures, if he/she is less than 18 years of age, having received the consent of legal guardians for the contract.
  3. Free services by AOM Software
    1. AOM Software makes the platform Shareware4U available to the Author.
    2. On the platform Shareware4U, the Author can present his/her programs and offer them for download to visitors of the platform Shareware4U.
    3. For this purpose, AOM Software provides to the Author in the author's area forms by means of which the Author can submit the information about his/her programs to the database of the platform Shareware4U.
    4. If the Author submits an URL to a PAD file, then AOM Software will, by an automated process, update the information stored by the Author in the database based on information in the PAD file at regular intervals. There will be no control of such information.
  4. Services against consideration by AOM Software

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  5. Obligations of the Author
    1. The Author will submit, during the registration, all required fields truthfully and inform AOM Software about any change to this information immediately. For this purpose, AOM Software will provide a form to the Author in the author's area (profile).
    2. The Author will keep his/her password and other data that enable an attacker to compromise on his/her account confidential and change it immediately or request AOM Software to do so if there is reason to suspect that unauthorised parties have gained knowledge from this information.
  6. Responsibility for content / publications
    1. AOM Software assumes no liability for the information published by the Author and text and images used by the Author. Responsibility lies solely with the Author in this regard. This applies equally to websites to which the Author has linked as part of his/her publication. AOM Software expressly dissociates itself from all content and links of these websites.
    2. The Author agrees to not violate any third party rights, particularly trademark rights and copyrights.
    3. The Author confirms that he/her has the sole copyright in respect of the programs presented by him/her, including the information published in this respect, or he/she was authorised by the respective person(s).
    4. The Author also confirms that the programs presented by him/her, including the information published on this respect, do not violate applicable law in any state in which the platform Shareware4U can be viewed.
  7. Warranty and Liability of AOM Software
    1. AOM Software does not guarantee that the services described in 3 and 4 above are always available and error free. This is especially the case if access to these services and to the platform Shareware4U is prevented by interferences which are outside the sphere of operations of AOM Software. AOM Software will, however, eliminate the interferences with regard to the service described in 3 and 4 above immediately within its technical and commercial opportunities.
    2. AOM Software is not liable for property damage and financial losses unless these were caused simply negligent by AOM Software, a legal representative or vicarious agent.
  8. Indemnification by the Author
    1. The Author agrees to indemnify AOM Software for any costs/liability/damage suffered by AOM Software due to the information published by the Author and texts and images used by the Author. If AOM Software has not yet been engaged, the Author will keep AOM Software indemnified against all liability (whatsoever).
    2. If AOM Software becomes aware that there is potential liability according to the preceding paragraph, AOM Software will forthwith inform the Author and enable the Author to comment within 5 working days.
    3. If the Author fails to respond within this period, AOM Software is entitled to accept the claim, unless the claim is manifestly unlawful; the Author can in this case no longer argue against AOM Software that the claim was unreasonable.
    4. If the Author responds within this period, AOM Software will after consultation with the Author, where appropriate, take legal action against the claim. AOM Software will declare the dispute to the Author. AOM Software can require from the Author to the advance the expected costs.
  9. Termination of contract
    1. AOM Software reserves the right to stop the platform Shareware4U at any time without giving reasons.
    2. In addition, the contract for free services can be terminated by both sides at any time without giving reasons.
    3. A contract regarding services against consideration may be terminated by the Author at any time without reasoning; in this case, the Author is not entitled to reimbursement of fees already paid. AOM Software may not terminate a contract regarding services against consideration before expiry of the agreed service period (subject to the cessation of platform Shareware4U under paragraph I), unless there is solid ground as defined by § 314 BGB.
    4. AOM Software informs the Author regarding a termination by e-mail.
    5. The Author may terminate the contract by using his/her access data on the relevant form in the author's area. The access data is used as proof that the termination is done by an unauthorised person.
    6. If the contract is terminated, all the publicly available data of the Author is immediately removed from the platform Shareware4U. AOM Software reserves the right to store not publicly available data as evidence in case AOM Software is engaged by third parties based on the data published by the Author.
  10. Privacy
    1. AOM Software and the Author will respect the relevant data protection laws, in particular the Teleservices Data Protection Act (TDDSG) and the Federal Privacy Act (BDSG).
    2. The Author agrees that AOM Software electronically stores his/her personal data. The data will be treated in accordance with the provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG). Information shall be regarded as personal data by means of which his/her identity can be found, such as name, address or e-mail address.
    3. The Author agrees that his/her data, including personal information, is published in connection with information about his/her programmes on the platform Shareware4U.
  11. Final Provisions
    1. If the Author has no general jurisdiction in Germany, the place of jurisdiction is Schmitten, Germany.
    2. The law of the Federal Republic of Germany shall apply.
    3. Should one or more of these clauses be invalid, this does not affect the validity of the remaining clauses.
    4. The English translation of these Terms of Use for Authors is only for convenience purposes. Only the German version shall prevail.

Last updated: May 2017

Terms of Use for Link-Partners

  1. Scope of, and changes to, these Terms of Use
    1. These Terms of Use for Link-Partners regulate the contractual agreement between the link partner (hereinafter "Link-Partner") and the AOM Software GmbH & Co. KG, Elchdamm 28 A, 13503 Berlin, Germany (hereinafter "AOM Software") regarding the services offered by AOM Software on the platform Shareware4U.
    2. AOM Software reserves the right to change these Terms of Use. Part of the contract becomes always the current version at the time of conclusion. Link-Partners will be informed of the changes via e-mail. If the Link-Partner does not object within 2 weeks since the announcement of the revised Terms of Use, these shall be deemed accepted.
    3. Deviating terms of the Link-Partner do not apply. They shall also not apply if AOM Software does not explicitly object.
  2. Contract
    1. By sending the registration form, the Link-Partner makes a binding offer that is acceptable to AOM Software within 2 weeks. AOM Software accepts the offer by sending an e-mail with a confirmation of registration. With the acceptance, a final contract regarding the free services offered by AOM Software (see 3. below) is concluded, which includes with these Terms of Use.
    2. The Link-Partner assures, if he/she is less than 18 years of age, having received the consent of legal guardians for the contract.
  3. Free services by AOM Software
    1. AOM Software will publish the Link-Partner's link on the platform Shareware4U.
    2. The positioning is done every day. It depends on how many visitors have been sent by the Link-Partner via the link provided by AOM Software (hereinafter "Partner-Link").
  4. Obligations of the Link-Partner
    1. The Link-Partner will submit, during the registration, all required fields truthfully and inform AOM Software about any change to this information immediately. For this purpose, AOM Software will provide a form to the Link-Partner in the link-partner's area (profile).
    2. The Link-Partner will keep his/her password and other data that enable an attacker to compromise on his/her account confidential and change it immediately or request AOM Software to do so if there is reason to suspect that unauthorised parties have gained knowledge from this information.
    3. The Link-Partner is obliged to incorporate the partner link unchanged or in a comparable form in its own website.
    4. The Link-Partner will never click himself/herself on the Partner-Link to invoke the Partner-Link by automated means or have access to such by advertisement in a traffic exchange, mail exchange, etc. paid links
  5. Responsibility for content
    1. AOM Software assumes no liability for content of the Link-Partner's website. Responsibility lies solely with the Link-Partner in this regard. AOM Software expressly dissociates itself from all content and links of this website.
    2. The Link-Partner agrees to not violate any third party rights and to respect applicable law.
  6. Warranty and Liability of AOM Software
    1. AOM Software does not guarantee that the services described in 3 above are always available and error free. This is especially the case if access to these services and to the platform Shareware4U is prevented by interferences which are outside the sphere of operations of AOM Software. AOM Software will, however, eliminate the interferences with regard to the service described in 3 above immediately within its technical and commercial opportunities.
    2. AOM Software is not liable for property damage and financial losses unless these were caused simply negligent by AOM Software, a legal representative or vicarious agent.
  7. Termination of contract
    1. AOM Software reserves the right to stop the platform Shareware4U at any time without giving reasons.
    2. In addition, the contract can be terminated by both sides at any time without giving reasons.
    3. AOM Software informs the Link-Partner regarding a termination by e-mail.
    4. The Link-Partner may terminate the contract by using his/her access data on the relevant form in the link-partner's area. The access data is used as proof that the termination is done by an unauthorised person.
    5. If the contract is terminated, all the publicly available data of the Link-Partner is immediately removed from the platform Shareware4U.
  8. Privacy
    1. AOM Software and the Link-Partner will respect the relevant data protection laws, in particular the Teleservices Data Protection Act (TDDSG) and the Federal Privacy Act (BDSG).
    2. The Link-Partner agrees that AOM Software electronically stores his/her personal data. The data will be treated in accordance with the provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG). Information shall be regarded as personal data by means of which his/her identity can be found, such as name, address or e-mail address.
    3. The Link-Partner agrees that his/her data is published in connection with the platform Shareware4U to the extent this is required for the publication of his/her link.
  9. Final Provisions
    1. If the Link-Partner has no general jurisdiction in Germany, the place of jurisdiction is Schmitten, Germany.
    2. The law of the Federal Republic of Germany shall apply.
    3. Should one or more of these clauses be invalid, this does not affect the validity of the remaining clauses.
    4. The English translation of these Terms of Use for Link-Partners is only for convenience purposes. Only the German version shall prevail.

Last updated: May 2017