EULA and TOS
TOS and EULA for our DataSuite software:
End User Licence Agreement (EULA), valid for the software [MB] DataSuite, hereinafter referred to as “Software”.
With the installation of the Software, the following legally valid agreement on the use of the Software is made between MB Software und Systeme GmbH, hereinafter referred to as the “Licensor”, and the end user (hereinafter referred to as the “Licensee” or “User”). The license terms include the software itself, all files of the installation package and any updates provided by the developer, insofar as the latter are not accompanied by separate license terms.
By installing, copying, downloading or using the software, the licensee confirms that he/she is aware of and agrees to the following license agreements. If the user does not agree with the following End User License Agreement (EULA) or individual parts thereof, use of the software is not permitted. In this case, the user must ensure that the setup routine and any components already installed by him
components already installed by him are removed from his system. This concerns the deletion of the installation folder, if this was not already carried out by the deinstallation routine.
The licensee receives from the licensor a simple, non-exclusive right to use the software. The trial version is valid for 30 days. The full version is valid for an unlimited period of time.
2. Due diligence of the licensee
The Licensee is obligated to carefully read the supplied operating instructions and notes in the help system before using the Software in order to exclude user errors when using the Software.
3. Warranty/ Support
The following provisions regarding warranty and liability shall apply in the event that they are not replaced by corresponding provisions of a reseller. In the latter case, the provisions agreed upon between Licensee and Reseller at the time of purchase of a license shall apply exclusively.
Warranty claims shall be measured against the description of the functions of the Software by the Licensor, which are presented by the latter in detailed form in the User Manual and its supplements.
In the event of a defect in the Software which may lead to a warranty claim, the Licensee is obliged to notify the Licensor of the defect without delay. Sufficient for this purpose is contacting the support via e-mail. The latter must contain a detailed description of the error. If necessary, an error check or correction may require the Licensee to make individual files of the software package in which the error occurred available to the Licensor for inspection.
In the event of a justified warranty claim, the Licensor shall be granted a two-week period to remedy the defect by adapting the programming. In this case, rectification by the Licensor shall take precedence over other warranty options. If the Licensor does not succeed in rectifying the defect within the period
If the Licensor does not succeed in rectifying the defect within the specified period, the Licensee may, at its request, withdraw from the contract or reduce the purchase price within the statutory warranty period.
A self-remedy of the error by the Licensee or a commissioning of third parties with the elimination of the error by the Licensee is excluded.
A claim for support and warranty does not exist if the licensee has caused a malfunction by improper operation or intentionally or if a damage could have been avoided by careful data backup.
The author is not liable for damages caused by software or services of third parties in the course of the distribution of the software. This applies to software services by setup programs used as well as damages caused by improper handling of payment transactions by resellers.
The Licensor shall be liable outside the warranty only in the case of intent or gross negligence (also by vicarious agents), in the case of injury to life and limb and under the Product Liability Act.
In the event of data loss on the part of the Licensee, liability shall be limited to the amount of damages that would have been incurred if the data had been properly backed up.
Liability for damages is excluded if these have arisen because the Licensee has not properly fulfilled his duties of care as listed above or has negligently or intentionally caused a malfunction through improper operation.
5. Final provisions
Should individual provisions of this contract become ineffective or violate applicable law, they shall be replaced by legally effective provisions that come as close as possible to the original provisions by mutual agreement of the contracting parties. The remaining provisions of this contract shall remain unaffected.
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