Last update: 01.10.2017

Please note: These terms and conditions merely serve as a supplement to the original German text which can be found here. Please note that the only legally binding terms and conditions are the German 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 the QUIQQER Package Store (Q-Store) for QUIQQER and related software, services and sales (before using the Q-Store or before downloading any packages provided therein, please read these Terms of Use). The PCSG Privacy Policy, PCSG's Terms and Conditions and all terms and conditions relating to the Q-Store (https://store.quiqqer.de/agb) are also applicable (especially any policies or conditions that may be contained on the package detail pages, within the packages or on a Q-Store help or information page). 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/plug-ins, templates and other digital products) or install them in your QUIQQER environment (calling the Q-Store 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 downloading). Packages also include 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 providing a package for download or distribution is the "publisher" of the package. The packages are provided and licensed by us or by third party publishers. The respective licensor and the license of the packages are indicated on the details page of a package. Packages are offered over the Q-Store with free licenses (MIT, GPL, CC etc.), free of charge as freeware or for a fee, as described on the package detail pages.

## 2. Use and download of packages

### 2.1 General

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

### 2.2 Trial versions of packages

Some packages can be offered free trial and other limited versions, so you can view the packages before purchasing a full version. These versions may have limited functionality, the permitted use may be temporary or contain other restrictions on usability.

### 2.3 Abonnements

We offer digital products for sale that are intended to be accessed or used within a package, such as additional or enhanced functionality, media content or subscription-based access to content or services. If you purchase a package or In-QUIQQER product sold by PCSG that is listed as part of a subscription, your subscription will automatically continue to exist at the regular subscription price with a payment method that you have saved for us until you terminate your subscription in good time before the end of its term or notify us that you do not wish to renew it automatically. This also applies if you decide to purchase 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 it expires, you will receive a pro-rata refund. We reserve the right to change terms and conditions of purchase and prices at the beginning of the next subscription period.

### 2.4 Exclusion of revocation; risk of loss

You can no longer revoke your purchase of a package or an In-QUIQQER product once it has been delivered, e. g. if the delivery has begun. where they are downloaded or made available to you 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 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 encourage you to download (if applicable) and use it immediately to ensure that you have received the package or product. If you do not complete a download or cannot access a package or an In-QUIQQER product sold by PCSG, contact PCSG Customer Service. After the purchase of a package or an In-QUIQQER product sold by PCSG and after our provision, you are responsible for completing the download (if applicable) and the entire risk of loss after downloading or using the package in your QUIQQER environment or the In-QUIQQER product sold.

### 2.5 Download and availability of packages after purchase

By paying the purchase price for a package, you can download the package for your personal use or install it immediately in your QUIQQER environment. We will continue to make the packages you have purchased available to you in the Q-Store so that you can download further copies within the scope of these Terms of Use, unless further downloads of a package are limited or no longer available for licensing or other legitimate reasons.

### 2.6 Updates for Packages

The publisher of a package provides us with updates to his 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 Ratings

We provide ratings for packages that can be assigned by us or visitors to the Q-Store. Although we expect users to provide accurate and realistic assessments of packages, we cannot guarantee the accuracy of the assessments and the content of the packages.

## 3. Use and restrictions for packages

### 3.1 Information provided to PCSG

PCSG respects your privacy. For this reason, the Q-Store will not capture any files or other content from your QUIQQER environment (with which you access the Q-Store) that are not used with the installed packages in your QUIQQER environment or otherwise associated with the Q-Store. Your QUIQQER environment provides PCSG with information about packages, usage and performance of the QUIQQER environment and the installed packages, as well as information about the system environment on which you run 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 information about licenses or why a package might not be installed.

All information we receive is subject to PCSG's Privacy Policy on https://store.quiqqer.com/Privacy-policy.

### 3.2 Separate license to use packages

The installation and use of a package by you is governed by the terms and conditions of an end user license agreement between you and the publisher of the package ("EULA"). The EULA for a package includes the following terms (the "Standard EULA") and additional end-user license terms included in the package (the "Publisher EULA"). The Publisher has the right to claim the EULA against you. If you do not agree to the EULA for a package, you may not use the package. PCSG is not a party to the EULA for a package (unless PCSG is also the publisher of the package). The standard EULA includes the following End User License Agreement and if the package does not include Publisher EULA, these terms represent the entire EULA between you and the Publisher:

#### I. Usage 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 (LICENCE) in the package.

I.III Provided that no license file is enclosed with the package, 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 you do not expressly stated in the license, the Publisher or its licensors own all ownership, copyright and other intellectual property rights in the software. other intellectual property rights in the package.

II. Liability, Indemnification and Rights in the Case of Defects

II.I Packages offered free of charge will be delivered to you under exclusion of any rights and claims in case of defects. The legal regulations apply to all purchased packages.

II.II In the case of packages offered free of charge, Publisher shall only be liable for grossly negligent and deliberately caused damage. For all other commercially purchased goods, the legal regulations apply.

### 3.3 Compliance with the law and reservation of rights

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

## 4. Usage restrictions

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

## 5. General

### 5.1 Changes / Modifications

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

### 5.2 Termination and termination; Changes

Your rights under the Terms of Use terminate automatically without further notice from us if you fail to comply with the terms contained therein. In the event of such termination, you must discontinue any use of the Q-Store and we may immediately revoke your access to the Q-Store without notice to you and without refunding any purchases. If we do not insist on strict compliance with the Terms of Use or do not enforce them, this does not constitute a waiver of any of our rights. We may change any provision of these Terms of Use at any time to offer new or updated products or functions, including packages, or to comply with legal or other requirements. This is done by posting the amended terms and conditions on the Q-Store website. If you continue to use the Q-Store after the revised terms and conditions of use come into effect, you declare your unconditional acceptance of the terms and conditions.

### 5.3 Haftungsausschluss

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

### 5.4 Partial nullity

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

## Explanation of terms

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

QUIQQER-Environment
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 purchased 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 providing a package for download or distribution is the "publisher" of the package.

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