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Upgrade 1: Exclusivity, 4 months

4 months exclusion from online sales

Upgrade 1 is valid for 4 months from the date of purchase and excludes online sales to third parties. The ProTraxx cannot be purchased by anyone during this period.

Exclude from sale for 4 months includes:

  • highest exclusivity, if the ProTraxx is marked with "Exclusive"
  • Avoid simultaneous licensing to competitors
  • Extension of  Upgrade 1 to max. 2 years possible
  • Seamless further use with the "Lifetime-Licence" even after expiry

Upgrade 1 can also be purchased at a later date or renewed in the customer account before the expiry date.

  1. 2.1UPGRADE 1 (Exclusivity)

    1. a.Upgrade 1 requires the purchasing of the Lifetime-Licence.

    2. b.With UPGRADE 1, the license holder acquires the right to remove a ProTraxx that has never been licensed before from the online platform for a period of (4) or twelve (12) month(s) and thereby exclude third parties for the selected period and have exclusive rights of use over the ProTraxx for this period (ProTraxx is then marked as "Exclusive").

    3. c.In addition, UPGRADE 1 gives the license holder the right to remove an already licensed ProTraxx from the online platform for a period of four (4) or twelve (12) month(s). This prevents further licensing to third parties (e.g. blocking the sale to competitors during the climax of a campaign). However, the rights of users who already use ProTraxx within the scope of their basic license (Lifetime-Licence) remain reserved. There is no precedence over either license holder.

    4. d.The UPGRADE 1 extension option can only be extended by the entitled license holder before its expiry date for a further protected period of (4) or twelve (12) month(s) in the user account (My Licenses). Without the extension, the option (UPGRADE1) will expire and the ProTraxx will then be sold in the online store of PHONOGEN at a considerably reduced price, as far as the ProTraxx is/was marked with "Exclusive". The maximum duration of the exclusivity over a ProTraxx available via UPGRADE 1 is 2 years.

    5. e.The UPGRADE PERIOD is 4 months (120 days) or 12 months (365 days), beginning on the date of purchase.

    6. f.A ProTraxx marked "Exclusive" can be reserved for an initial release, even if it is still in clarification with the customer. For this purpose, ProTraxx(s) can be reserved on request (info@phonogen.com) for up to 5 days free of charge without obligation to purchase (this service is without guarantee).

    7. g.NOT covered by Upgrade 1 and which is also prohibited, is the extension option of the UPGRADE 1 beyond the maximum duration of 2 years. It is the responsibility of the license holder to purchase the UPGRADE 1 in such a way that the maximum duration of 2 years is not exceeded. PHONOGEN will not give any refunds for purchases of UPGRADE 1 that exceed this period.