END USER LICENSE AGREEMENT

Stundenplan Deluxe 1.x, 2.x, 3.x
Copyright (c) 2010-2013 Tobias Schürg

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By using Stundenplan Deluxe 3.x („Software“), you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Tobias Schürg your use of Stundenplan Deluxe 3.x indicates your acceptance of this license agreement.

Subject to the terms of this Agreement, Tobias Schürg grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Stundenplan Deluxe 3.x in accordance with this Agreement and any other written agreement with Tobias Schürg. Tobias Schürg does not transfer the title of Stundenplan Deluxe 3.x to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Tobias Schürg and the purchasers or users of Stundenplan Deluxe 3.x.

If you do not agree to be bound by this agreement, remove Stundenplan Deluxe 3.x from your device now.

2. DISTRIBUTION

Stundenplan Deluxe 3.x shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. For information about redistribution of Stundenplan Deluxe 3.x contact Tobias Schürg.

3. USER AGREEMENT

3.1 Use

Your license to use Stundenplan Deluxe 3.x is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Stundenplan Deluxe 3.x.

3.2 Use Restrictions

You shall use Stundenplan Deluxe 3.x in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Stundenplan Deluxe 3.x together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Stundenplan Deluxe 3.x. Nor can you create any derivative works or other works that are based upon or derived from Stundenplan Deluxe 3.x in whole or in part.

Tobias Schürg’s name, logo and graphics file that represents Stundenplan Deluxe 3.x shall not be used in any way to promote products developed with Stundenplan Deluxe 3.x . Tobias Schürg retains sole and exclusive ownership of all right, title and interest in and to Stundenplan Deluxe 3.x and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Stundenplan Deluxe 3.x, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Tobias Schürg.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Tobias Schürg , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Tobias Schürg’s Software.

In no event (including, without limitation, in the event of negligence) will Tobias Schürg , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Stundenplan Deluxe 3.x or the use or inability to use Stundenplan Deluxe 3.x or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Tobias Schürg’s entire liability, without exception, is limited to the customers‘ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Tobias Schürg ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Tobias Schürg.

3.5 Warranties

Except as expressly stated in writing, Tobias Schürg makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Stundenplan Deluxe 3.x and destroy all copies of Stundenplan Deluxe 3.x supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED „AS IS“ AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY STUNDENPLAN DELUXE AS WELL.

5. CONSENT OF USE OF DATA

You agree that Tobias Schürg may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Stundenplan Deluxe 3.x.Tobias Schürg may also use this information to provide notices to you which may be of use or interest to you.

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