Terms and Conditions - Free Trial License § 1 Definition of Terms (1) Efficient Elements (Efficient Elements GmbH, Troppauer Str. 34, 74321 Bietigheim-Bissingen, Germany) is the producer and licensor of the software and the provider of any services delivered (if any) under this agreement. (2) Software is the “Efficient Elements for presentations” software including templates and documentation. (3) Free trial license means the software is being used by the user without a valid and genuine license key. (4) User is the person using the free trial license of the software. (5) Personal data are personal details that identify a person, for example name, address, e-mail address or telephone number, as well as other unpublished data used in this context. (6) Anonymous data refers to information that is not connected to Personal data and which cannot be used to identify individual persons. (7) Confidential information includes data and information that are not public knowledge, in particular user passwords and the know-how and trade secrets involved in the software and related services (if any). § 2 Free trial license (1) Efficient Elements supplies the free trial license for the software to the user exclusively on the basis of these Terms and Conditions. (2) The software is provided “as is” solely for demonstration purposes and should only be used in testing environments. (3) Efficient Elements grants the user the temporary, non-exclusive right to reproduce the software to such an extent as is necessary for loading, displaying, running, transferring or storing the software under the following conditions (hereinafter use as intended). (a) The customer and user shall not be permitted to compile, adapt, change the arrangement or make other alterations including error correction to the software either in whole or in part, directly or indirectly, nor shall he disassemble the software, subject it to reverse engineering or decompile it. (b) The user shall be entitled to make identical backup copies of all software licensed under this agreement on a data carrier. The user shall not be entitled to copy the printed documentation (if available), not even in extracts. (c) The ownership and all intellectual property rights to the software including copyright remain with Efficient Elements and / or its licensor(s). With the exception of the user rights granted in this agreement, the user is not granted any additional rights. (d) Under no circumstances shall the user be entitled to transfer, rent or lease the software permanently or temporarily to third parties. § 3 Technical Requirements (1) All technical requirements for using the software will be explained to the user on the Efficient Elements website. (2) Efficient Elements points out that in order to install the software, the respective user must have administrator rights on the respective computer or other technical device. (3) When using the software, the installed software will store information both temporarily and permanently on the respective computer or other technical device. Software settings will be saved to the local device and may be entered in the registry. § 4 Duration (1) Once a full license has been purchased, these Terms and Conditions will be replaced by the Terms and Conditions agreed upon purchase of the full license. § 5 Data Collection (1) When the user fills in a contact form, subscribes to a newsletter or registers as a user for the order process or any other product use, Efficient Elements will - in as far as is necessary and with the agreement of the user - request and store the name of the user, the name of the user’s organization, additional identification information for the user in this organization, the user’s e-mail and postal address, and the user’s telephone and fax numbers. (2) If the user decides to send error reports, the following data will be transmitted: error message generated by the software, error description - as filled in by the user in error form, user name - as filled in by the user in error form, contact information (phone, e-mail) - as filled in by the user in error form, license user - as filled in by the user during installation, license organization - as filled in by the user during installation, hardware ID, timestamp, IP address, Microsoft® PowerPoint® version number, software version number. (3) Other services or websites that are linked to from the Efficient Elements website may have implemented different guidelines as regards data collection and processing; for this reason, the data protection notices on the respective websites, or the data protection notices for the use of respective services are effective. § 6 Use of Data (1) If personal data is passed on to Efficient Elements, the user declares himself in agreement with Efficient Elements passing on, using and storing this information in all states in which Efficient Elements is established, or in which Efficient Elements avails of technical services from a third party. The data processing centers concerned will, by concluding so-called safe harbor agreements between individual locations, adhere to all applicable data protection laws and directives (including the European Parliament and Council directive 95/46/EG). (2) Efficient Elements will only use personal data for the specific reason for which these data were conveyed. personal data will only be passed on to a third party with the express agreement of the user, or in cases that are allowed by law. Unless otherwise stated, personal data the user has passed on to Efficient Elements is only for internal Efficient Elements use, and for use described in the data protection directive. Personal data can, however, be passed on to third party organizations that provide services for Efficient Elements in the areas of execution of orders, payment processing or administration, or other services described in this document. (3) Efficient Elements can pass on personal data and other information if this is required by virtue of a law, or because of a citation or court ruling, or if it is required in order to answer a query, request or complaint from the user or from a third party on behalf of the user. § 7 Data Storage (1) The user has the right to enquire of Efficient Elements, without incurring cost, if his personal user data (and which data) are being stored by the software. If this information is incorrect or incomplete, Efficient Elements will correct it as necessary. (2) The user always has the right to demand the deletion of stored personal data, insofar as this is not impeded by any legal obligation to preserve records. This is only the case as long as the data are not required for the fulfilment of a current business connection. (3) Data that Efficient Elements collects from the user or gathers on him will be deleted out of active databases at the end of this contract, but may still exist in archives. Archives must be kept for billing data and other data required according to tax and commercial law until the period of preservation has passed. What cannot be deleted is the inclusion of the data in a black list, which is required to guard against unwanted e-mail or post. § 8 Exclusion of Liability (1) In no event will Efficient Elements be liable for any damages, business interruption, loss of data or information of any kind, business or otherwise, claims or costs whatsoever, or any consequential, indirect, incidental damage, or any lost profits or lost savings resulting from and/or relating to the use of the software, or damages caused by possible errors or misprints in the software, even if an Efficient Elements representative has been advised of the possibility of such loss, damages, claims or costs, or for any claim by any third party. The foregoing limitations and exclusions apply to the extent permitted by applicable law in the jurisdiction of the user. § 9 Intellectual Property, Confidentiality (1) Software and other material provided in the scope of this free trial license, which is protected by proprietary law, including but not limited to images, text, graphics, audio files and video files, as well as the selection, coordination and arrangement of these materials (henceforth known as intellectual property), are protected under copyright law, trademarks, service marks and other property laws. These copyrights, trademarks etc. are the property either of Efficient Elements or of third parties that have licensed their intellectual property to Efficient Elements. All other trademarks, service marks and trade names used are the property of their owners. Efficient Elements allows the user to make temporary copies of all or part of its intellectual property and to download this to a single computer for the purpose of using, viewing and browsing the intellectual property, insofar as nothing to the contrary is stated. The intellectual property can only be copied, reproduced, newly published, uploaded, posted, transferred or in any other way distributed if this is expressly permitted in the conditions of use. Using or modifying Efficient Elements’ intellectual property in any way represents a breach of copyright and other proprietary laws and is strictly forbidden. (2) The user may not use, copy or make known to a third party any confidential information, unless the user is required to do so based on legal requirements or a legally binding decision. (3) The user commits to protect confidential information sufficiently against disclosure or misuse. If the user should find out that confidential information has been disclosed or misused, the user will immediately inform Efficient Elements and do anything that might be demanded by Efficient Elements to avoid further disclosure or misuse of the confidential information. § 10 General Conditions (1) This free trial license is subject exclusively to German law. The application of the Convention of Contracts for the International Sale of Goods (CISG) of 11.04.1980 - in its most current version - as well as other specifications of international contract law are excluded. If the user is a legal entity, Munich (Germany) is the jurisdiction for any disputes resulting from and in connection with this free trial license. (2) Efficient Elements renders all licensing of the free trial version of the Software exclusively on the basis of these Terms and Conditions. Contradicting Terms and Conditions are expressly rejected. (3) If individual regulations in these conditions are or become ineffective, this will not affect the general effectiveness of the remaining regulations contained in these conditions. This is also true in the case of any loopholes in the regulations. (4) In the place of an ineffective regulation or to fill any potential loopholes in these conditions, an effective and appropriate regulation should come into effect, which most closely resembles what the parties wanted to achieve based on their commercial aims.