Last updated: July 16, 2021
Definition
Licensor refers to Michael Koch, Schützenheimweg 30a, 93049 Regensburg, Germany.
Acknowledgement
By using the application, you are agreeing to be bound by the terms and conditions of this agreement. If you do not agree to the terms of this agreement, do not use the application.
This agreement is a legal document between you and the licensor and it governs your use of the application made available to you by the licensor.
The application is licensed, not sold, to you by the licensor for use strictly in accordance with the terms of this agreement.
Scope of License
The licensor grants you a non-revocable, non-exclusive, non-transferable, limited license to download, install and use the application strictly in accordance with the terms of this agreement.
The license that is granted to you by the licensor is for personal and corporate commercial use and purposes in accordance with the terms of this agreement.
License Restrictions
You agree not to, and you will not permit others to:
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the licensor or its affiliates, partners, suppliers or the licensors of the application.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions provided by you to the licensor with respect to the application shall remain the sole and exclusive property of the licensor.
The licensor shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to the application
The licensor reserves the right to modify, suspend or discontinue, temporarily or permanently, the application or any service to which it connects, with or without notice and without liability to you.
Updates to the application
The licensor may from time to time provide enhancements or improvements to the features/functionality of the application, which may include patches, bug fixes, updates, upgrades, and other modifications.
Updates may modify or delete certain features and/or functionalities of the application. You agree that the licensor has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the application to you.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the application, and (ii) subject to the terms and conditions of this agreement.
Maintenance and Support
The licensor does not provide any maintenance or support for the download and use of the application. To the extent that any maintenance or support is required by applicable law, the licensor shall be obligated to furnish any such maintenance or support.
Third-Party Services
The application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the licensor shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The licensor does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-party Services.
You must comply with applicable Third parties’ Terms of agreement when using the application. Third-party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.
Term and Termination
This agreement shall remain in effect until terminated by you or the licensor.
This agreement will terminate immediately, without prior notice from the licensor, in the event that you fail to comply with any provision of this agreement. You may also terminate this agreement by deleting the application and all copies thereof from your Device or from your computer.
Upon termination of this agreement, you shall cease all use of the application and delete all copies of the application from your Device.
Termination of this agreement will not limit any of the licensor’s rights or remedies at law or in equity in case of breach by you (during the term of this agreement) of any of your obligations under the present agreement.
Indemnification
You agree to indemnify and hold the licensor and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the application; (b) violation of this agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the licensor, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the licensor provides no warranty or undertaking and makes no representation of any kind that the application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the licensor nor any of the licensor’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the application, or the information, content, and materials or products included thereon; (ii) that the application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the application; or (iv) that the application, its servers, the content, or e-mails sent from or on behalf of the licensor are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section 11 shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the licensor shall be solely responsible for such warranty.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of the licensor and any of its suppliers under any provision of this agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the application or through the application.
To the maximum extent permitted by applicable law, in no event shall the licensor or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the application, third-party software and/or third-party hardware used with the application, or otherwise in connection with any provision of this agreement), even if the licensor or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of this agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims
The licensor does not make any warranties concerning the application. To the extent you have any claim arising from or relating to your use of the application, the licensor is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Changes to this agreement
The licensor reserves the right, at its sole discretion, to modify or replace this agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the licensor.
By continuing to access or use the application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the application.
Governing Law
The laws of Germany, excluding its conflicts of law rules, shall govern this agreement and your use of the application. Your use of the application may also be subject to other local, state, national, or international laws.
Entire agreement
The agreement constitutes the entire agreement between you and the licensor regarding your use of the application and supersedes all prior and contemporaneous written or oral agreements between you and the licensor.
You may be subject to additional terms and conditions that apply when you use or purchase other licensor’s services, which the licensor will provide to you at the time of such use or purchase.
Contact
If you have any questions about this agreement, you can contact us by email at info@d3v.one