PowerFolder Software license-agreement
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Copyright (C) 2024 dal33t GmbH
Rheinpromenade 4a
40789 Monheim am Rhein, Germany
January 01, 2024
All rights reserved.

- Preamble -
By this license agreement the licensor that is dal33t GmbH, Rheinpromenade 4a, 40789 Monheim am Rhein,
grants the licensee a license for the program named "PowerFolder". PowerFolder is a program
that secures data and is especially suited for synchronization between different computers by local or
online-networks, exchange and transmission of backups and secure online storage.
Optionally the licensee is granted the right to deposit data for online data storage in the data storage
center of dal33t GmbH. In the case that such a contract is concluded the Appendix I applies. If
only a license agreement is concluded Appendix I is meaningless and not part of the license
agreement. Appendix I only applies if this is agreed between the parties.
§ 1
Subject matter of the contract
The client may download the software PowerFolder from the homepage/online presentation of
PowerFolder (from www.powerfolder.com). The rights requisite for the use of that software shall
be acquired by this contract.
§ 2
Assignment of rights
1.
The licensor grants the user a not exclusive, simple and not assignable right of use regarding the
program "PowerFolder". The right of use is granted without areal restriction and for the –
separate from this contract – tenure agreed in each case.
2.
a)
The program is licensed on a "pro computer"-basis that means that "one example" of the software
entitles for the use of maximal one computer simultaneously. If you wish to use the software on more
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than one computer the right of use must be extended accordingly. For this case a further license has to
be acquired.
b)
In deviance to the regulation 2 a) above the license can be acquired for use on more computers if the
price list displayed on the internet site www.powerfolder.com allows the purchase of the license for
more than one computer. In this case the above mentioned regulation 2 a) applies with the proviso
that the use is restricted to maximal the number of computers for which the license was acquired.
c)
Solely the client is entitled to use the software. The client will make the program available to third
persons only after written and previous consent of dal33t GmbH. Employees of the client do not
count as third persons as well as any other person that stay at the client for the contractual use.
3.
The client is entitled to create a security backup and to make every day data savings. The creation of
more copies than requisite for a contractually agreed use including security backup and data savings is
not allowed. For each copy that exceeds that security backup a new license is requisite even if the
copy is used on the same computer.
4.
By the use, the download or the installation of the program or parts of the program you display your
acceptance of the license agreement and all of its provisions and conditions regarding the coping, the
distribution and the changing of the program or hereupon based works. Nothing but this license
agreement grants you the permission to modify or distribute the program or derivative rights. These
actions are prohibited by law. If you do not accept conditions and provisions you should not use,
modify or distribute this program.
5.
The licensee is not entitled in connection with the enforcement of this contract to use free of charge
the title of the program as well as names, marks, logos and illustrations of the holder of rights.
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§ 3
Modifications of the program
1.
The client is not entitled to decompile, to change, to revise or modify the program. An exception
hereof applies only insofar as the copyright law permits this inalienable for the creation of an interface
to other software products or for elimination of computer bugs as requisite.
2.
The client is not allowed to copy the program or reproduce parts hereof in another software
application by which means whatsoever. § 2 No. 3 of this contract, by which the clients have the right
to create a security backup is not affected hereof.
You are not allowed to modify the program in that fashion that in any way the rights, patent,
trademarks or copyrights of other parties or entities are infringed.
3.
The client is entitled to decompile the software only in the constraints of sec. 69 e copyright law and
only if dal33t GmbH has not provided after written request with appropriate period of time the
data or/and information requisite to create the interoperability with other hard- and software.
4.
The client is only insofar entitled to change, extend or else wise to modify the software in the sense of
sec. 69 c No. 2 copyright law as this law permits this inalienable. Before the client himself or by third
person eliminates the software bug he grants dal33t GmbH the right to try to eliminate the
software bug. The client is not entitled to rights of use and distribution regarding the modification that
exceeds the rights of use granted by this contract. The licensee may – against appropriate
remuneration – request the granting of a not exclusive, territorial and in time not restricted right of
use including the right to sublicense.
5.
You have to refrain from modifying the program insofar as this is not permitted in the frame of the
provisions of sec. 69 d copyright law. It is prohibited to distribute the modified program. If you have
modified the program and distribute a program you have to pay a software registration and license fee
for each copy of the program that was distributed.
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6.
You are not allowed to develop application programs, reusable components or other software items
that connect with the original or modified vision of the program.
7.
If the licensor leaves the client within the scope of rectification or support supplements (e. g. patches)
or new versions (updates) or within the frame this agreement a reissue of the subject matter of the
contract (upgrade) that substitutes formerly yielded subject matters of contract ("old software"), or by
a special agreement further software-modules, the provisions of this agreement apply.
§ 4
No distribution of the program
1.
You are not allowed to copy the program and to distribute literal copies of the program.
2.
Also under the provision that the recipient of the modified copy of this programs agrees to the
provisions of this license agreement you are not allowed to distribute copies or modified copies of this
program. This applies for the right worldwide and for every medium to think of.
3.
You are not allowed to pack this program with other software products or to include it or to distribute
it without the special written approval of dal33t GmbH.
§ 5
Hosting services
1.
For the purpose of this license "hosting-services" are regarded as a form of distribution of this
program. Hosting services is understood as distribution of this program towards end-user in a lifeworking
context in which the program is installed on a server of a provider of the hosting services and
by the end-user by internet or by other means of data communications the program is used in bypassing
the necessity for the end-user to download and to install the program on his own server.
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2.
If you use this program by a hosting service you are bound to the provisions and conditions of this
license agreement in exactly the same manner as if you would have had downloaded the program and
had it installed on your own server/system.
3.
dal33t GmbH will in no way be maid responsible for the ability and suitability of the program
regarding tasks as a "hosted-"software application.
§ 6
Ownership of intellectual property
1.
dal33t GmbH is the only owner of all intellectual property rights that relate to the program whether
modified or in original form.
2.
No rights regarding this program will be granted unless this is agreed explicitly. You are not allowed
to copy, change, sublicense or distribute the program unless this is allowed explicitly due to the license
agreement. Any attempt else wise to copy, change, sublicense or distribute the program is prohibited
and will automatically cancel your rights due to this license.
3.
You are not allowed to represent yourself in any way to be associated, connected or supported by
dal33t GmbH unless you have a special written approval from dal33t GmbH.
4.
You are not allowed to create derivative works of the program.
5.
If a natural person or legal entity or any other entities submits dal33t GmbH a contribution in
any section for the inclusion in the program including but not restricted to software-modification,
proposal, appendices, patches or any other modifications the right holder grants for this contribution
dal33t GmbH a non-exclusive, assignable, worldwide royalty free copyright license to use the
contribution for any purpose whatsoever including the rights to distribute, to sell, to workout
derivative works of the contribution, to display publicly, to execute publicly, to distribute or to
sublicense.
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6.
The ownership of the entire intellectual property regarding the whole program remains at
dal33t GmbH under which circumstances whatsoever. Modifications of the program or contributions
to the modifications, proposals, appendices, patches or other modifications regarding any part
whatsoever of the program do not assign any ownership rights or other intellectual property rights to
any other party with exception of dal33t GmbH.
7.
Any contributor is subjected to the conditions of this contract and grants hereby dal33t GmbH a not
exclusive, worldwide, royalty free copyright license to reproduce, produce derivative works here from,
to display publicly, to execute publicly, to distribute or to license the contribution of contributor and
that in source code-format.
§ 7
Royalty fee and payment
1.
Every organization, legal or natural person that uses this program must pay a software registration
and royalty fee which amount is subjected to the price list that can be seen on the internet homepage:
www.powerfolder.com. The amount of the royalty is subjected to the version of the price-list that can
be downloaded at that point in time of the conclusion of this contract on the above mentioned
homepage.
2.
a)
The assessment of the price due to the price list depends for which time-period the license is acquired
(limited in time or unlimited) and whether the client is a private person or an enterprise. The duration
of the license is assessed by the conclusion of the contract on the homepage www.powerfolder.com.
b)
The license regarding this program entitles to use the program for a special maximal pack of data to
be administered (e.g. 50, 100, a. 250 GB). The prices are to be determined according to the price list,
depending on which maximal pack of data to be administered is acquired. The maximal pack of data
to be administered is determined at the conclusion of the contract on the homepage
www.powerfolder.com.
c)
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If the customer acquires a packet that entitles to store data on the server of dal33t GmbH the
online-data security-agreement (Appendix I) applies additionally.
3.
dal33t GmbH keeps the right after his own discretion to change the software, registration and
royalty fee without notice or justification at any point in time.
4.
A payment of the software registration-fee and royalty to dal33t GmbH due to the provisions of this
contract is requisite regardless whether the program is modified or in original form.
5.
Payments of the software-registration-fee and royalty to dal33t GmbH are settled in US$ insofar as
the price list which can be seen on the internet homepage: www.powerfolder.com does not allow the
payment in Euro.
6.
After payment of the requisite software registration fee and royalty for the use of the program you will
be submitted a license-key-file and a receipt by electronic post if you make the corresponding contact
details (your e-mail-address) available.
7.
You are not allowed to use a program if you have not paid the requisite software registration fee and
royalty that is specified in the contract. The use of the program if you have not paid the requisite
software registration fee and royalty means an infringement of the copyrights of dal33t GmbH
regarding this software.
8.
The fees and royalty is due and payable without reduction with the making available of the subject
matter of contract.
9.
All prices are excluding VAT that is applied by law.
If the client does not pay or only part pays the agreed fees he comes in default at the latest 30 days
after due date.
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If the client is in default dal33t GmbH is entitled to request interests in the amount of 8 % above the
bases-interest-rate regarding the open money dept of the client.
§ 8
Protection of software and technical preconditions
1.
If there are not explicitly granted rights to the client by this contract all rights regarding the subject
matter of the contract especially copyrights as well as technical protection rights belong exclusively to
dal33t GmbH. This applies too for modifications of the subject matter of the contract by clients.
2.
The client is supposed to carefully keep the subject matter of the contract in order to avoid abuse. The
client will make the program available to third persons only after written and previous consent of
dal33t GmbH. Employees of the client do not count as third persons as well as any other person that
stay at the client for the contractual use.
§ 9
Reissue of the software
If dal33t GmbH makes available a reissue of software regarding the old software all rights of the
clients expire without explicit return request of dal33t GmbH as soon as the client uses the new
software.
dal33t GmbH grants the client a three month transition period in which both versions of the subject
matter of the contract may be used side by side. By dal33t GmbH the approval is given when (i) the
client assures dal33t GmbH in written that all original copies of the subject matter of a contract are
handed out to third persons and copies created by him are eliminated and (ii) the third person declares
in written his approval towards dal33t GmbH with the agreed use and handout conditions.
§ 10
Liability
1.
The enforcement of liability claims against dal33t GmbH – especially because of the loss of data – is
excluded unless there is the deliberate or gross negligent fault on the side of dal33t GmbH.
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2.
In any way dal33t GmbH is only liable if it is about contract typical and reasonably foreseeable
damages.
3.
In any case the liability is limited for each case of damage to € 500,00.
The client is obligated in his own interest in the stock and the safety of the data to execute safety
backups regularly. If he transgresses against this obligation dal33t GmbH is liable regardless of the above
mentioned limitations in No. 1 to 3 at the occurrence of data loss only for the damage that would
have occurred by properly and regularly safety backups.
§ 11
Test version
This license agreement applies for the application of the test version of PowerFolder and that due
to the following provisions:
1.
You may use the test version of PowerFolder without limits in time. The maximal to be
administered pack of data is restricted to 5 GB (Gigabyte).
2.
You may not circumvent the restriction of the maximal pack of data to be administered by which
means whatsoever.
3.
You will not be charged for the use of the test version according to § 7 of the license agreement.
4.
You are not allowed to sell, lease, to license or sublicense or distribute in any other way the test
version.
5.
If the customer acquires a test version that entitles to store data on the server of dal33t GmbH
the online-data security-agreement (Appendix I) applies.
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§ 12
Closing provisions
1.
Additionally the general conditions of dal33t GmbH apply.
2.
Exclusive place of jurisdiction regarding all disputes from or in connection with this contract is
Düsseldorf. If dal33t GmbH raises claims dal33t GmbH is entitled to choose the place of
jurisdiction at the domicile or registered office of the client.
3.
This contract is governed - under inclusion of its conclusion and its construction – by German law
under the exclusion of the United Nations Convention on contracts for the international sell of goods
(CISG).
4.
If any of the provisions of this contract should be invalid or contain an unaffected inadmissible
determination of terms or contain a gap the efficacy of the other provisions remain unaffected. Insofar
as the invalidity does not derive from a violation of section 305 ff. German Civil Code (application of
general conditions) in lieu of the invalid provision a valid provision is agreed that comes closest to the
intended economic purpose of the parties. The same applies in the case of a gap. In case of an
inadmissible term the admissible term applies.
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Appendix I
_____________________________________________________________________________
Online-data security-agreement

- Preamble/Applicability -
By this contract the client shall acquire the right to store via internet connection data on the server of
dal33t GmbH.
This contract applies additionally to the license agreement insofar as the client has chosen besides
from the license agreement an agreement for online-data storage. This agreement applies under the
exclusion of the license agreement insofar as the client solely agreed to an online data storageagreement.
The provisions of the license agreement apply only insofar as referred to in this contract.
Provisions
1.
dal33t GmbH makes for the client system-resources on a server available. The client may store
data on this server. On this server the contents are kept on demand for the client to download. The
storage of the data is effected online via the internet presentation of dal33t GmbH
www.PowerFolder.com. The data transfer has exclusively to be effected via the program made
available online by dal33t GmbH on his storage media. The client has no right to request a different kind
of data transfer. This also applies for the demand of the data stored by the client.
2.
dal33t GmbH is entitled to carry out maintenance works for in total 10 hours a month. During the
maintenance works the before mentioned services are not available. dal33t GmbH will indicate to
the client duly – at least one day – previous to the maintenance works unless the maintenance works
require not more than a quarter of an hour.
3.
The backups are effected perpetually and always when new data from the client is uploaded on the
online storage. The data is mirrored that means redundantly saved on the online storage server. The
savings are always carried out for the whole server content. The client has no claim to request delivery
of the storage media.
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4.
The supplier is entitled to adjust the hard- and software used for performing the service to the state of
the art. Insofar as this results in additional requirements regarding the contents uploaded on the
server by the client the supplier will notice this additional requirements to the client. The client will
immediately after receiving the notice decide whether the requirements shall be fulfilled.
5.
The client shall not upload on the online storage contents that are illegal or violating the laws or
regulatory stipulation or rights of third persons. The client shall not upload contents that endanger the
safety and integrity of other data uploaded on the server of the supplier. The client exempts the
supplier from claims of third persons including the costs of the claim.
6.
a)
If the data uploaded by the client contain contents that are illegal or are violating the laws or
regulatory stipulation, statutes, ordinances or rights of third persons dal33t GmbH may deactivate or
uninstall or remove these data. In such a case dal33t GmbH may deactivate the access and uninstall and
remove all of the data of that client if such measure seems to be appropriate at the discretion of
dal33t GmbH. The supplier will immediately inform the client about this measure.
b)
If the data uploaded by the client endanger or impair the operation of the server or of the
communication network of the supplier or the security and integrity of other data that are uploaded on
the server of the supplier dal33t GmbH may deactivate or uninstall or remove these data. The supplier
will immediately inform the client about this measure.
7.
For the access to the storage designated to the client the client gets a lock-in name and a suitable
password.
8.
The contents uploaded by the client on the therefore designated online storage may be protected by
copyright law or by data protection law. The client grants the supplier the right to copy the contents
uploaded on the server for the purpose of data backups. For the violation of provisions of the data
protection law by the uploading of data on the server of the supplier the client is held liable.
9.
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The client is not allowed to leave the services provided by the supplier to third persons for business
purposes.
10.
a)
The fees for the services provided by the supplier depend on the price-lists valid at the point in time of
the conclusion of the contract. The price-list is displayed on the homepage of dal33t GmbH
www.PowerFolder.com. Besides that regarding the fees the provisions of sec. 7 of the license
agreement apply.
b)
Every client acquires – according to the above mentioned price-list – a certain storage capacity (e. g.
50 GB, 100 GB, 250 GB etc.) for a certain period of time which determines how much data the client
may store on the online storage center for a certain period of time. The royalty also depends on the
size of the acquired storage capacity.
c)
If the client uploads more data than is allowed by the required storage capacity the access will be
closed as long as either (i) a bigger storage capacity is acquired or (ii) the client has removed data
from the server.
11.
Performance of the service by the supplier is bound to the condition that the client duly meets his
payment obligations. If the client does not meet his payment obligations the supplier may cancel the
contractual relationship for cause without period of notice.
12.
a)
Damage claims of the client against dal33t GmbH exist in all cases of contractual and out of
contractual liability in case of deliberation, gross negligence as well as the acceptance of a guarantee
in full amount. In all other cases there are damage claims only in case of infringement of an important
contractual obligation if furthermore by that the purpose of the contract is endangered however only
in the amount of the damage that is reasonably foreseeable.
b)
The liability restrictions apply accordingly for employees and agents of dal33t GmbH. The liability
restrictions apply not for personal damage due to liability according to the product liability law.
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c)
Except in the case of deliberation or gross negligence the liability is restricted in any case to the
amount of € 1.000,00 in each damage case.
13.
This contract may be concluded with different tenures that being accordingly to the offer of the pricelist
that is displayed on the homepage www.PowerFolder.com. Insofar as the contract is concluded for
one year this contract is renewed automatically for one year if the client does not cancel the contract
by e-mail at the latest two months previous to the expiration of the contract. In all other cases the
contract goes on without period in time and may be cancelled at any time by e-mail at the end of the
month.
14.
The right to cancellation by cause remains unaffected. After the termination of the contractual
relationship the supplier makes available to the client the stored contents on the storage space
designated for the client. Rights of retention of the supplier remain unaffected regardless for which
reasons.
A cause for cancellation for dal33t GmbH exists if because of missing technical compatibility by which
token whatsoever the data of the client cannot be uploaded on the storage media therefore provided
by dal33t GmbH.
The same applies if the program "PowerFolder" for reason of missing technical compatibility or
false operation does not function flawlessly on the computer of the client.
15.
Additionally the general conditions of dal33t GmbH apply.
16.
Exclusive place of jurisdiction regarding all disputes out of or in connection with this contract is the
place of residence of dal33t GmbH in Düsseldorf (Germany). If dal33t GmbH raises claims
dal33t GmbH is entitled to choose the place of jurisdiction at the domicile or place of office or
residence of the client.
17.
This contract is governed – under inclusion of its conclusion and its construction – by German law.
18.
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a)
Insofar as the client has only acquired a demo-/test-version this contract applies accordingly.
b)
If the demo-/test-version enables the client to upload data on the server, dal33t GmbH is entitled to
deactivate the access and uninstall and remove all of the data of that client at any time.
19.
If any of the provisions of this contract should be invalid or contains an inadmissible determination of
terms or contains a gap the efficacy of the other provisions remain unaffected. Insofar as the invalidity
does not derive from a violation of sec. 305 ff. German Civil Code (application of general conditions) in
lieu of the invalid provision a valid provision is agreed that comes closest to the intended economic
purpose of the parties. The same applies in the case of a gap. In case of an inadmissible term the
admissible term applies.
