Terms of Use

LokDon Terms and Conditions

Any agreement between LokDon of Columbia, South Carolina, USA (“LokDon”) and you (“User”) concerning the Software LokDon shall be governed by these Terms and Conditions.

  • 1Preamble
  • 1.1The subject matter of these Terms and Conditions is the software and the accompanying user documentation offered on the website (“Program”). The concrete functions of the Program as well as the conditions of application of the Program are set out in the user documentation.
  • 1.2These Terms and Conditions are applicable for both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these Terms and Conditions, (i) a “Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity, and (ii) a “Business Customer“ is a Customer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity.
  • 2License Conditions
  • 2.1All title, ownership rights and intellectual property rights in and to the Program (including but not limited to any patches and updates) and any and all copies thereof are owned by LokDon. This Program is protected by the copyright laws of South Carolina, international copyright treaties and conventions and other laws.
  • 2.2LokDon grants the User the non-exclusive, non-transferable, limited right to install and use the Program in accordance with the conditions as agreed by the parties.
  • 2.3Rights not explicitly granted to the User remain with LokDon.
  • 2.4No source code will be provided to the User, unless agreed otherwise.
  • 2.5LokDon offers different versions of the Program. The versions differ with respect to the number of permitted users, computers, drives and the permitted purposes of use (personal use/business use).
  • 2.6Unless otherwise agreed by the parties, the Program may only be used to mount one virtual drive or volume at a time, the Program may only be used for personal purposes and must not be used for commercial purposes.
  • 2.7 The User may not:
    work around any technical limitations in the Program,
    make more copies of the Program than agreed by the parties or permitted by applicable law,
    rent, lease or lend the Program,
    reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of this Program, in whole or in part, unless permitted by applicable law,
    hack or modify (or attempt to modify or hack) or distribute the Program,
    directly or indirectly remove, disable, alter or circumvent any proprietary notices or labels or serial numbers contained on or within the Program.
  • 2.8These license conditions shall also apply to any patches or updates the User may obtain for the Program.
  • 3Limitation of Liability
  • 3.1For any claim arising from or in connection with these Terms and Conditions, without regard to its nature or legal reason, particularly for, but not limited to, breach of contract or tort LokDon, its employees and vicarious and auxiliary agents are to be liable only and exclusively in the following cases:
  • 3.2In case of personal injury or death to persons as well as for deliberate and gross negligent action LokDon has unlimited liability. LokDon shall be liable for slight negligent action only in cases of a breach of duty essential to the purposes of any agreement entered into by the parties. In this case LokDon’s liability shall be limited to damages which are typical and foreseeable at the time of conclusion of any agreement entered into by the parties.
  • 3.3For the loss of data and its recovery LokDon is not liable if such loss would have been avoidable by reasonable data backup measures.
  • 3.4Any liability arising from mandatory law, e.g. the Minnesota Act on Product Liability remains unaffected by this clause.
  • 3.5In case that the Program was distributed as free version (i.e.free of charge), LokDon shall be liable in accordance with the sections above only for deliberate and fraudulent action.
  • 4Third Party Software
  • The Program contains Third-Party-Software for which additional license terms may apply. The contained Third-Party-Software and their license terms can be found at: https://www.LokDon.com/third-party-terms
  • 5Warranty
  • The warranty period shall be two years if the user is a Consumer or otherwise one year.
  • 6Notice on the Right of Withdrawal for Consumers
  • Right of Withdrawal
    You may withdraw from your declaration to conclude this contract in text form (e.g. letter, fax, email) or - if the item has been provided to you prior to expiration of the withdrawal period - by returning the item without stating reasons within one month. The withdrawal period commences upon receipt of this policy in text form; however, it will not commence prior to receipt of the item by the recipient (in case of recurring deliveries of identical items not prior to receipt of the first partial delivery) nor prior to completion of our information duties pursuant to as well as our duties pursuant to. To comply with the withdrawal period, it is sufficient to dispatch the withdrawal notice or the item within the withdrawal period. The withdrawal is to be addressed to:
  • LokDon Columbia, South Carolina USA
    Tel: 803 450 0468
    E-Mail: info@LokDon.com
  • Consequences of a Withdrawal
    In case of a valid withdrawal, the mutually received consideration and derived use (e.g. interest) must be returned. If you are unable to return to us the received consideration and derived use (e.g. benefits of use), or if you can only return them in a deteriorated condition, you will have to compensate us for lost value to this extent. You are only required to compensate us for the deterioration of the item and for derived use to the extent that the use or the deterioration of the item is based on a handling of the item which exceeds the testing of the features and function. “Testing of the features and function” means the testing and trying out of the respective item as is possible and customary e.g. in a store. Items which can be sent as parcels are to be shipped back at our risk. You are generally required to bear the cost of returning the item if the delivered item conforms to the ordered item and if the price of the item to be returned does not exceed 40USD or, in case of a higher price of the item, if you have not yet made full payment or a contractually agreed installment payment at the time of the withdrawal. Otherwise, you may return the item free of charge. Items which cannot be shipped as parcels will be collected at your address. Obligations to reimburse payments must be met within 30 days. For you, the reimbursement period will commence upon dispatch of your withdrawal notice or of the item; for us, it will commence upon receipt thereof.
    End of the Withdrawal Policy
  • 7Remuneration, Prices, Payment, Cost of Return.
  • 7.1User shall pay LokDon the remuneration agreed.
  • 7.2All Prices include statutory local taxes.
  • 7.3Payment of the remuneration shall be due and payable upon conclusion of the agreement.
  • 7.4The User shall have no right to set-off or retention, except to the extent that the counterclaim has not been disputed by LokDon or been determined by a final and binding court decision.
  • 7.5With regard to Consumers only, the following shall apply: The User is generally required to bear the cost of returning the item if the delivered item conforms to the ordered item and if the price of the item to be returned does not exceed 40USD or, in case of a higher price of the item, if the User has not yet made full payment or a contractually agreed installment payment at the time of the withdrawal. Otherwise, the User may return the item free of charge.
  • 8Customer Information
  • 8.1Conclusion of Contracts
  • 8.1.1The offerings of LokDon via e-commerce-platforms are non-binding.
  • 8.1.2By placing an order, the User makes a binding offer to purchase the relevant product.
  • 8.1.3The order shall be deemed to be accepted by LokDon either upon subsequent explicit (e-mail) acceptance of the order or by dispatching the product. The sales contract with the User shall not become effective until LokDon’s acceptance.
  • 8.2English is the only language offered for the conclusion of the contract.
  • 8.3The wording of agreements concluded will not be stored by LokDon, it will not be available to the User from LokDon.
  • 9Miscellaneous
  • 9.1If any provision of these Terms and Conditions is held to be unenforceable for any reason, the parties will replace the invalid provision with a valid provision which comes closest to the economic purpose of the invalid provision. The remaining provisions of these Terms and Conditions shall not be affected.
  • 9.2For any disputes involving these Terms and Conditions, the place of jurisdiction shall be South Carolina, (USA), provided the customer is a merchant (within the meaning of USA commercial code), a legal entity or separate estate under public law, or has no general jurisdiction in the United States of America.
  • 9.3Any contracts entered into between LokDon and the User shall be governed by the laws of the United States of America under exclusion of any conflict in law prov