Download Pixbook 2.9c
Please wait... contacting Pixbook download site.
If this download does not start automatically, try the following URLs:
Article 1: General
Pixbook is a trademark of Fotek NV.
Pixbook grants the user a non-exclusive and non-transferable right to utilize the software package provided by Pixbook to the user as stated in this agreement.
Article 2: Software
2.1 The software included in this agreement comprises the computer software and in addition all related documentation, and all copies and modifications therein which the user has acquired, regardless of how he or she acquired it.
2.2 The software for which the user right has been granted pertains to a standard product having the features defined in the Pixbook documentation. Pixbook does not accept any responsibility for the adaptability of the software to whatever purpose the user may have for it.
Article 3: User right
3.1 The user right in this agreement pertains to the non-exclusive and non-transferable right to utilize the software provided by Pixbook to the user as described in the specifications and documents mentioned in the granting of this right and as stated in these General Terms and Conditions.
3.2 The user right for the software provided by Pixbook remains an exclusive right at any time for one location and one operational workplace. Pixbook may substitute versions of the software governed by this user right at any time with new versions if Pixbook considers it necessary. The original functionality of the software however shall continue to be maintained.
3.3 The user right comes into effect immediately from the moment the user begins to utilize the software provided by Pixbook.
3.4 Unless otherwise mentioned, the user is permitted to make one copy of the computer software for archiving purposes, this being limited to machine readable form. The user is obliged to keep himself/herself informed as to the whereabouts of the computer software and the copy. During the copying or modification of the software the mention of property rights and other trademarks or similar marks of Pixbook and of its suppliers must be assumed without alteration, as applied to the version provided by Pixbook to the user. Without Pixbook`s written permission it is not permitted to copy documentation provided in printed format.
3.5 Without Pixbook`s written consent the user is not permitted to modify computer software or to allow computer software to be modified, or similarly to adapt or allow to be adapted in such a way that the program code is taken apart, decompiled, disassembled and reduced to its source code or in any other way that the original text code be acquired. Any modifications made to the software remain the sole property of Pixbook and of its suppliers and falls under the authority of this agreement. Pixbook may revise the software at any time and make modifications to the software.
Article 4: Ownership
4.1 Any software, designs, plans, offers etc. provided by Pixbook as well as any other piece of documentation in writing remains the intellectual property of Pixbook or its suppliers. Without Pixbook`s prior consent it is explicitly forbidden to make these data known in any way to third parties, to make them available to and/or to deliver them to third parties.
4.2 Unless it has been agreed explicitly otherwise and in writing any media used to provide information or any documentation made available shall remain the property of Pixbook.
4.3 The software is protected by copyright. The user acknowledges that the software remains the intellectual and industrial property of Pixbook and of its supplier(s).
4.4 Pixbook will safeguard the user from claims filed by third parties regarding presumed damages concerning the use of third party intellectual property rights. The user is required to immediately inform Pixbook of any such claims. Pixbook may decide in such a case to either defend itself against these claims or to substitute the software or to modify it such that the breach of agreement will be lifted or terminate this agreement due to unlawful use and refund the paid user fee.
Article 5: Responsibility
Pixbook does not accept any responsibility for damages by the user. Any claim regarding company damage or other indirect damage including the loss of data is explicitly excluded.
Article 6: Duration of user right
The user right will be provided for the duration that the user wishes to exercise that right unless explicitly stated otherwise.
Article 7: Duration of agreement
In accordance with prescribed article 8 the agreement is concluded for an unlimited period. Subject to prescribed article 10 Pixbook may not exclusively terminate this user right.
Article 8: Force majeure
In the event of force majeure Pixbook is entitled to consequently suspend its delivery obligations from this agreement. Following an unbroken 6 month period of force majeure Pixbook is entitled to terminate the agreement made with the user. Force majeure refers to amongst others: government regulations that cannot be observed, strikes by workers, failure or continuous failure of suppliers to cooperate, fire and unforeseen technical problems within Pixbook`s software development environment. All agreements on which these conditions are applicable are governed by the laws of Belgium.
Article 9: Disputes
9.1 Any dispute regarding the establishment, explanation or implementation of this agreement in addition to any other dispute as regards or in connection with this agreement, whether legal or material, shall be laid before the competent judge at Sint-Niklaas.
9.2 With the authorisation of both parties a dispute as mentioned in subsection 1 may also be subjected to arbitration according to a possible act of compromise or imperative advice may be sought for this purpose.