END USER SOFTWARE LICENSING AGREEMENT (EULA)
Enactment 26.08.2022
IMPORTANT:
This agreement is the end-user software licensing agreement (hereinafter referred as this "User Agreement") between you (individual or company or other entity)
and Simon Bauer (hereinafter referred as licensor) for the use of this software.
You must have reached the age of majority for the legal jurisdiction that you reside in to access and sign this Agreement.
If you have not reached the age of majority, your guardian must agree to or sign this Agreement.
END USER SOFTWARE LICENCE
You are granted a limited and non-exclusive licence to use this Software, subject to, and in accordance with the terms and conditions of this User Agreement.
Limitation:
The software cannot be sold, transferred, or used for any other commercial purpose.
You are not permitted to lease, rent, sublicense, publish copy, modify, adapt, translate, reverse engineer, decompile or disassemble all or a portion to this software without a written consent by the licensor.
You are not permitted to use this software for commercial use.
This includes especially providing and using any produced results, products and documents created by this software in any course of business without written acknowledge of the licensor
Third party software:
This software uses third party software. This software licence agreements a reproduced properly in installation folder of this software.
Termination:
This Agreement is effective from the first date you install the Software.
You may terminate this Agreement at any time by permanently deleting, destroying and returning, at your own cost, the Software, all backup copies and all related materials provided by the licensor.
The licensors may terminate this Agreement at any time without notice if you fail to comply with any terms or conditions of this Agreement.
Once it is terminated, you MUST stop using this Software and delete all the Software and associated materials already copied and/or installed on your Huawei device or computer immediately.
After termination Limitation and Third party software of this user agreement shall stay effective.
Licensor liability and user responsibility:
THE FULLEST EXTENT OF APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT OF APPLICABLE LAW, LICENSOR'S LIABILITY FOR ALL DAMAGES SHALL NOT (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
IF YOU ARE A RESIDENT OF AN EU MEMBER STATE, NOTWITHSTANDING ANYTHING TO THE CONTRARY SET OUT ABOVE, LICENSOR IS RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A REASONABLY FORESEEABLE RESULT OF LICENSOR'S BREACH OF THIS AGREEMENT OR ITS NEGLIGENCE, BUT IT IS NOT RESPONSIBLE FOR LOSS OR DAMAGE THAT IS NOT FORESEEABLE.
WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR NETWORK AND OTHER PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD-PARTY NETWORKS. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET AND WIRELESS SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF. WE CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. TO THE FULLEST EXTENT OF APPLICABLE LAW, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE SOFTWARE AND RELATED SERVICES AND PRODUCTS.
Jurisdiction:
This user agreement is entered into Germany and shall be governed by, and construed in accordance with, the laws of Germany.
Law of legal venue is Amtsgericht Viechtach
Contact Information:
You can contact the licensor trough seimen @ cloasdata . de
