Q-Store Terms of Use

Last update: 01.10.2017

Important notice: These Terms of Use are automatically translated from the German version, which is the legally binding version.

These Terms of Use are part of a contract between you and PCSG - Computer & Internet Service OHG. ("PCSG", "QUIQQER" or "we") about the use of QUIQQER's QUIQQER Package Store (Q-Store) and related software, services and sales (prior to using the Q-Store or before downloading Q-Store) please read these terms of use). Also applicable are the PCSG Privacy Policy, the PCSG General Terms and Conditions, and any terms and conditions associated with the Q-Store (https://store.quiqqer.de/agb) (including, without limitation, any terms or conditions set forth on package detail pages, within the packages or on a help or information page of the Q-Store). By using the QUIQQER Package Store, you agree to the applicability of these Terms of Use.

1. The Q-Store

In the Q-Store, you can retrieve, search, buy and download software packages (Applications / Apps, Extensions / Modules / Plugins, Templates and other digital products or in your QUIQQER environment (Q-Store call from a QUIQQER installation) Packages include content, advertising, services, technology, data, and other digital materials contained or available in a package that you download or use through the Q-Store (even after you have downloaded them.) Packages also contain updates, upgrades and other changes and versions that you will later use or download from the Q-Store or the QUIQQER and PCSG update servers The party that makes a package available for download or distribution is the "publisher" of the package will be provided and licensed by us or by third party publishers for you, the respective licensor and the license of the packages will appear on the detail page of a package EEnter. Packages are offered via the Q-Store with free licenses (MIT, GPL, CC etc.), as freeware or for a fee, as described on the package detail pages.

2. Usage and download of packages

2.1 General

Once you have ordered a package and paid the appropriate purchase price, you may download a copy of the package for your personal use to your devices or use it in your QUIQQER environment, which you used to access the Q-Store. Packages can only be installed in QUIQQER environments that meet the required technical requirements and prerequisite package versions. The respective package requirements for QUIQQER are described on the package detail page, in the package documentation or within the package.

2.2 Test versions of packages

For some packages, free trial and other limited versions may be offered so you can look at the packages before you purchase a full version. These versions may have limited functionality, time-limited usage, or other limitations of usability.

2.3 Subscriptions

We offer digital products for sale that are intended for access or use within a package, such as: Additional or enhanced functionality, media content, or access by subscription to content or services. If you purchase a PCSG-sold package or In-QUIQQER product that is part of a subscription, your subscription will automatically continue to be paid at the regular subscription price with a payment method you have stored with us, until you receive it in due time before the end of the term Unsubscribe or inform us that you do not want to renew it automatically. This applies accordingly if you opt for a trial version of a subscription. We reserve the right to terminate a subscription if the corresponding package or In-QUIQQER product sold by PCSG is no longer available. If we cancel a subscription before its term expires, you will receive a pro-rated refund. We reserve the right to change terms and conditions and prices, respectively, with effect from the beginning of the next subscription term.

2.4 Exclusion of the right of revocation; Risk of loss

You can not revoke your purchase of a package or In-QUIQQER product once it has begun to ship, for example, by downloading it or making it available in your QUIQQER environment. By placing an order to purchase a package or an In-QUIQQER product, you agree. We do not accept returns of any packages or Q-Store products sold by PCSG, unless they are based on statutory warranty claims. Once you have purchased a package or an In-QUIQQER product sold by PCSG, we request you to download (if applicable) and to claim immediately to ensure that you have received the package or product. If you can not complete a download or can not access a package or an In-QUIQQER product sold by PCSG, contact PCSG Customer Service. After purchasing a package or an In-QUIQQER product sold by PCSG and after we have made it available, you are responsible for completing the download (if applicable) and the entire loss risk after downloading or using the package in your QUIQQER product. Environment or the sold in QUIQQER product.

2.5 Download and availability of packages after purchase

By paying the purchase price of a package, you can download the package for your personal use or instantly install it in your QUIQQER environment. We will continue to make the packages you purchase available to us through the Q-Store so that you may download additional copies under these Terms of Use, unless further downloads of a package are limited or unavailable for licensing or other legitimate reasons ,

2.6 Package updates

The publisher of a package will provide updates on its packages from time to time. Depending on how you have configured your QUIQQER environment, updates can be automatically or manually installed by you in your QUIQQER environment.

2.7 Reviews

We provide reviews for packages that can be awarded by us or by visitors to the Q-Store. Although we expect users to provide accurate and realistic reviews of the packages, we can not guarantee the accuracy of the ratings and the contents of the packages.

3. Use and restrictions for packages

3.1 PCSG provided information

PCSG respects your privacy. As a result, the Q-Store will not capture any files or other content from your QUIQQER environment (which you use to access the Q-Store) that will not be used with the installed packages in your QUIQQER environment or otherwise interfaced with the Q-Store. Store are linked. Your QUIQQER environment provides PCSG with information about the packages, usage, and performance of the QUIQQER environment and installed packages, as well as information about the system environment in which you are running the QUIQQER environment.

For example, your QUIQQER environment can provide the following information:

Information about the system, the network, the IP address, domains, information about your ISP, the location of the environment from which the Q-Store is accessed, information about when and which packages were installed, individual license information, or why a package might not be installed.

All information we receive is subject to the privacy policy of PCSG at https://store.quiqqer.de/datenschutz.

3.2 Separate license to use packages

You are governed by the terms and conditions of an End User License Agreement between you and the Publisher of the Package (an "EULA"). The EULA for a package contains the terms set out below (the "Standard EULA") and additional end-user license terms included in the package (the "Publisher-EULA"). The publisher has the right to assert the EULA against you. If you disagree with the EULA for a package, you must not use the package. PCSG is not party to the EULA package (unless PCSG is also the publisher of the package). The standard EULA includes the following end user license terms, and if the package does not contain a publisher EULA, these terms represent the entire EULA between you and the publisher:

I. Use rights

I.I The publisher is the licensor of the package.

I.II The publisher of the package grants you the license according to the license file (LICENSE) in the package.

I.III Unless the package is accompanied by a license file, the publisher grants you the non-exclusive, non-transferable right to use the package.

I.III The package is protected by copyright and other intellectual property rights and treaties. Unless specifically stated in the license, the publisher or its licensors owns all proprietary, copyright and other intellectual property rights in the package.

II. Liability, indemnity and rights in case of defects

II.I We deliver packages free of charge to you under exclusion of any rights and claims in case of defects. For all purchased packages the legal regulations apply.

II.II For free packages, the publisher is liable only for grossly negligent and intentionally caused damage. For all other purchased, the legal regulations apply.

3.3 Compliance with the law and legal reservation

You only use the packages and your QUIQQER environment in accordance with all applicable laws, including all export and re-export restrictions and terms that may apply to a package or service. We reserve the right to change, remove, suspend or disable a package without notice or liability.

4. Use restrictions

The service is offered in Germany. We reserve the right to restrict access from other locations if this is necessary for the stability of the Q-Store.

5. General

5.1 Changes

We may change, suspend or discontinue the Q-Store in whole or in part at any time without notice.

5.2 Cancellation and termination; amendments

Your rights under the Terms of Use automatically terminate without further notice from us if you do not comply with the terms and conditions contained herein. Upon termination, you will cease all use of the Q-Store and we may immediately withdraw your access to the Q-Store without notice to you and without refund of any purchases. Failure to enforce or enforce these Terms of Use shall not constitute a waiver of any of our rights. We may revise any provision of these Terms of Use at any time to offer or provide new or updated products or features, including packages comply with legal or other requirements. This is done by posting the amended terms on the Q-Store website. By continuing to use the Q-Store following the entry into force of the revised Terms of Use, you hereby declare your full acceptance of the Terms.

5.3 Disclaimer

Without limiting the disclaimer in the PCSG Terms and Conditions, PCSG shall not be liable for any damage resulting from the use of the QUIQQER environment, packages or In-QUIQQER products sold by PCSG in a manner consistent with these Terms of Use or the License is prohibited. Notwithstanding the limitation of liability in the above section, PCSG's liability to you for damages (including any claims for reimbursement) is limited to typically foreseeable damages. The restrictions in paragraph 1 do not apply in cases of intent and gross negligence, claims for injury to life, limb or health, in breach of essential contractual obligations, the fulfillment of the purpose of the contract first and on which you can rely on regularly, in case of claims due to one of your statutory rights as a consumer or as an express guarantee of certain characteristics of a product.

5.4 Partial nullity

If any provision or condition of this Agreement should be held to be invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining terms or conditions.

Explanation of terms

Q-Store
The Q-Store is the marketplace package for QUIQQER extensions. The extensions can be downloaded for free or purchased from the Q-Store. The packages can be provided by PCSG or external developers (publishers).

QUIQQER environmen
The QUIQQER environment is a unique QUIQQER installation (domain / project or IP bound).

In-QUIQQER product
Is a package, product or service that is not sourced directly from the Q-Store. An In-QUIQQER product is ordered and installed from an already installed package (e.g., an APP) within a QUIQQER environment.

Publisher
The party that makes a package available for download or distribution is the "publisher" of the package.

Packages
Packages may include applications (apps), extensions (modules or plugins), templates and other digital products that you can install and use in your QUIQQER environment.