PLEASE READ THIS LICENSE CAREFULLY BEFORE USING OUR SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE YOU MUST DELETE THE SOFTWARE FROM YOUR DEVICES.
1. License
The application and other components (e.g. graphics, sounds) governed by this License (the “Software”) and the related documentation are licensed to you by DEVONtechnologies. You own the devices on which the Software is stored but DEVONtechnologies and/or DEVONtechnologies’ licensor(s) retain title to the Software and related documentation.
1.1
This License allows you to use the Software on the number of devices owned or controlled by you, defined by the number of Seats purchased for the License or, for the App Store, by Apple. A Seat is a physical device capable of running the Software. This License does not limit the number of people using the Software on the device.
1.2
Licenses purchased directly from DEVONtechnologies can be resold in compliance with European Union law. Licenses purchased in the Apple App Store are non-transferrable.
2. Restrictions
2.1
The Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
2.2
You may not sublicense, modify, rent, lease, or create derivative works based upon the Software in whole or in part. You may not distribute the Software in any form.
3. Maintenance and Support
DEVONtechnologies provides support for the Software with respect to this license agreement or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Software.
4. Disclaimer of Warranty on Software
4.1
You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation is provided “AS IS” and without warranty of any kind. You acknowledge that DEVONtechnologies, if technically and legally possible, provides free trial versions of the Software for evaluation.
4.2
DEVONtechnologies expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. DEVONtechnologies is responsible for warranties required by applicable law.
If Software was purchased in the Apple App Store and you notify Apple in case that Software fails to conform to applicable warranty, Apple will refund the purchase price. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be DEVONtechnologies’ sole responsibility.
4.3
Unless otherwise provided in Sect. 6, DEVONtechnologies does not represent or warrant to you that (a) the Software will meet your requirements, (b) your use of the Software will be uninterrupted, timely, secure, or free from error, (c) any information obtained by you as a result of your use of the Software will be accurate or reliable, and (d) that defects in the operation or functionality of the Software provided to you will be corrected.
4.4
No advice or information, whether oral or written, obtained by you from DEVONtechnologies shall create any warranty not expressly stated in this License.
5. Limitation of Liability
5.1
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL DEVONTECHNOLOGIES BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION.
5.2
In no event shall DEVONtechnologies’ total liability to you for all damages, losses and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.
5.3
The aforementioned limitation of liability also applies for the personal liability of DEVONtechnologies’ staff, contributors, representatives, licensors, organs and their members.
5.4
If you are domiciled in the Federal Republic of Germany, the aforementioned limitations of liability (Sect. 5.1 to 5.3) do not apply for personal injury of life, body and health, and for strict product liability law. They do not apply in case the damage is a consequence of the breach of a cardinal obligation, an essential obligation, or a warranty in the meaning of Section 444 of the German Civil Code.
5.5
Liability for the breach of a cardinal obligation or essential obligation is limited to the amount paid by you for the Software. Aforementioned limitation of liability with respect to the amount you paid for the Software does not apply in case of gross negligence, wilful misconduct, personal injury of life, body and health, the breach of a warranty in the meaning of Section 444 of the German Civil Code, other strict product liability law. DEVONtechnologies remains responsible for product liability according to Sect. 44 a TKG (Telekommunikationsgesetz) .
5.6
The aforementioned limitations of liability (Sect. 5.1 to 5.5) only apply as far as permitted by law.
5.7
DEVONtechnologies is responsible for addressing any claims of this License.
6. Defects
6.1
DEVONtechnologies grants you a license to the Software in its current version only. DEVONtechnologies encourages you to use the free trial version of the Software for evaluation.
6.2
You cannot claim that a given state of the Software will be achieved through an update or a new version.
6.3
In the event that the Software does not comply with express terms of this License Agreement or there is a breach of these warranties, if the usability of the Software is affected severely and sustainably, or if any bug or any severe anomaly could not be detected during the use of the free trial version, DEVONtechnologies may at its option either replace the Software free of charge to you or refund the purchase price.
7. Intellectual Property Rights
DEVONtechnologies owns or licenses the intellectual properties that Software is based on. In case of third-party claims that Software infringes third-party’s intellectual property rights, DEVONtechnologies is responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
8. General
8.1
Any changes, amendments, or the abrogation of the agreement between you and DEVONtechnologies, including this License, require written form. The requirement of written form can only be waived in written.
8.2
This License constitutes the whole legal agreement between you and DEVONtechnologies with regard to the Software, and completely replaces any prior agreements between you and DEVONtechnologies in relation to the Software. Separate agreements may apply for other software or services which DEVONtechnologies may provide to you.
Apple, and Apple’s subsidiaries, are third party beneficiaries of the License, and, upon your acceptance of the terms and conditions of the License, Apple will have the right (and will be deemed to have accepted the right) to enforce the License against you as a third-party beneficiary thereof.
8.3
You agree that you comply with applicable third-party terms of agreement when using Software.
8.4
You agree that if DEVONtechnologies does not exercise or enforce any legal right or remedy which is contained in this License, or which DEVONtechnologies has the benefits under any applicable law, this will not be taken as a waiver of DEVONtechnologies’ rights and those rights will still be available to DEVONtechnologies.
8.5
If any court of law, having jurisdiction to decide on this matter, finds that any provision of this License is invalid, then this provision will be removed from this License without affecting the remaining parts of this License. The remaining provisions of this License will continue to be valid and enforceable.
8.6
This License, and your relationship with DEVONtechnologies with regard to the Software, shall be governed by the laws of Germany without regard to its conflicts of laws provisions. The application of the UN Convention on the International Sale of Goods (CISG) shall be excluded.
8.7
The court of Besigheim, Germany, shall have sole jurisdiction if you are a businessman. In case you are a consumer, the place of jurisdiction shall be Besigheim, Germany, if you transfer your legal domicile or regular residence to a place outside the Federal republic of Germany, or your legal domicile or regular residence are unknown upon filing a legal action.
8.8
You agree and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
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