Terms of use - App
Preliminary note
PLEASE READ THE FOLLOWING LICENSE TERMS COMPLETELY AND CAREFULLY BEFORE USING THE SOFTWARE.
Owner / Provider
IT-Service & Software Entwicklung
Heiko Streichert
Dürrenberg 97
09477 Jöhstadt
Germany
E-mail address of the provider: info@its-se.de
You can access and save these conditions at any time via the website its-se.de or have them displayed in the software. By confirming the license terms or by using the software, you agree to the conclusion of a license agreement between you and the provider. In doing so, you acknowledge the content of the license terms as binding on you. If you do not want to accept the terms of use and license, do not confirm the license terms and cancel the use of the software. In this case, you are not permitted to use the software.
1. Reproduction rights
(1) You may reproduce the software supplied, provided that the respective reproduction is necessary for the use of the software. One of the necessary reproductions is in particular the loading of the software into memory.
(2) In addition to the rights of Use granted by this agreement, the licensee does not acquire any rights to the software. In particular, the licensor reserves all rights for the distribution, demonstration, exhibition and publication of the software, whether for consideration or free of charge. The same applies to the processing and reproduction rights, unless expressly agreed otherwise. The licensor is the sole owner of all trademark and other proprietary rights in the software.
(3) The licensee does not acquire any rights to the source code of the software. Licensee acknowledges that the source code is the sole property of the licensor.
2. License scope
The software is licensed, not sold. This agreement only grants you certain rights to use the software. All other rights remain with the provider. You may use the software only as expressly permitted in this agreement, unless applicable law gives you broader rights, notwithstanding this limitation. In doing so, you are obligated to observe technical restrictions that allow you to use the software only in a certain way. You are not entitled to:
(1) to circumvent technical limitations of the software
(2) to reengineer, decompile or disassemble the software or otherwise attempt to derive the source code for the software, except and to the extent that it is provided for in the licensing terms for third parties that may use certain regulate open source components that may be included in the software
(3) use the software in a way that violates the law
3. Expiration of rights of use
(1) If the licensee violates the license terms set out in this agreement, the licensee's right to use the software expires without the need to terminate the license agreement.
(2) The other legal regulations remain unaffected.
4. Technical availability
(1) The licensee can only start and use the software with an existing internet connection and available data communication with the licensor's servers. The internet connection is not part of the license agreement.
(2) According to the current state of the art, data communication via the internet cannot be guaranteed to be error-free and / or available at all times. The licensor is not liable for the constant and uninterrupted availability of the software.
5. Warranty and liability
The licensee is obliged to adequately protect himself from data loss. The licensee is obliged regularly to back up his data at appropriate intervals, in particular before the new installation or modification of software, and to take precautions against data loss. This concretizes the obligation of the licensee in the event of damage to keep the damage as low as possible. The licensor is in no case liable for loss of data or for damage that could have been prevented by regular data backup. The licensor is also in no way liable for damage caused by unauthorized use of the licensee's personal data. Data is to be understood expressly as any form of data, including data from other software, e.g. merchandies management programs, shop software, operating systems, drivers.
In addition, the legal provisions apply to the liability of the licensor towards the licensee.
6. Final provisions
(1) Changes or additions to these terms and conditions must be in writing or text form. This also applies to the cancellation of the written or text form requirement.
(2) The law of the Federal Republic of Germany applies. Mandatory provisions of the country in which the user is habitually resident remain unaffected. The uniform UN (Convention on Contracts for the International Sale of Goods of 11.04.1980, CISG) is excluded.
(3) Should individual provisions of this contract be ineffective or contradict the statutory provisions, the contract shall not be affected in the rest of this. The invalid provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes closest to the economic meaning and purpose of the invalid provision. The above rule applies accordingly in the event of regulatory gaps.