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EULA

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English Version:

Should there be discrepancies between the interpretation of the German and English versions of this Notice of revocation rights, the German version shall prevail.

IMPORTANT NOTES:

PLEASE READ THIS CLAUSES CAREFULLY AND ENSURE YOURSELF TO HAVE UNDERSTOOD THESE PROVISIONS BEFORE AGREEING TO THE EULA. ONLY BY ACCEPTING THE ENTIRE TEXT, A LICENSE AGREEMENT SHALL BE CONCLUDED.

WHETHER BY CLICKING THE „DOWNLOAD“ BUTTON; OR BY DOWNLOADING THE SOFTWARE OR IN ANY OTHER POSSIBLE WAY THAT SHALL BE DEEMED AS AN ACCEPTANCE OF THIS EULA. THE EULA BECOMES A VALID AND EFFECTIVE AGREEMENT BETWEEN TTS AND YOU. IN CASE YOU DO NOT AGREE ON THE FOLLOWING PROVISIONS, CLICK THE “CANCEL” OR “I DO NOT ACCEPT” BUTTON OR “CLOSE WINDOW”.

PROVISIONS OF THE AGREEMENT

The EULA grants you a license of the software "YouGuideMe" including the documentation. The EULA is also valid for all the updates, if updates are provided.

  1. Definitions
    1. Automatic renewal - shall mean the renewal term of a license usage. The renewal can be with costs.
    2. Customer - shall mean any contractually capable Consumer or any Entrepreneur that uses the software.
      1. Consumer: means every natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession.
      2. Entrepreneur: means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
    3. License: shall mean the right of Customer to use the software according to the EULA.
    4. Expiration date of License: shall mean the date of expiration of the user right.
    5. Software: shall mean the computer programs of TTS in object code format, including all updates provided by TTS. Customer shall receive a license for each update.
    6. TTS: shall mean the company TTS Knowledge Products GmbH, Schneidmuehlstrasse 19, 69115 Heidelberg in Germany.
    7. Update-Service: shall mean the regular software updating by TTS.
  2. Ownership and Copyright protection

    The Software is legally protected. Any copyright, patent right, trademark rights and other IP-rights relating to the software are entitled to TTS Knowledge Products GmbH headquartered in Schneidmuehlstrasse 19 in 69115 Heidelberg - Germany.

  3. Right of use
    1. Consumer: TTS grants to Customer a timely limited, non-exclusive, non-transferable and non-exclusive right to use the software for private purpose only. The software shall only be used on the computer on which the software has been installed initially. TTS is allowed to but not bound to renew the user right without the approval of Consumer.
    2. Entrepreneur: TTS grants to Entrepreneur a timely limited, non-exclusive, non-transferable and non-exclusive right to use solely by the employee that has expressly agreed on this Agreement. The Software shall only be used on the computer on which the software has been installed initially. The license expires 30 days after the first start of the software. After expiration of user right, Entrepreneur undertakes hereby to cease using the software and to uninstall the software (expiration date of license). If Entrepreneur agrees on the renewal of the license by TTS, this shall be deemed as a conclusive approval to purchase the software. The license fee is due immediately. In case of delay of payment, additional default charges shall be charged.
  4. License Provisions
    1. It is expressly forbidden to Customer or a third party acting on behalf of Customer to:
      1. copy, tranfer or decompile the software (i.e. to retranslate the source code),
      2. change or modify entirely or parts of the software or to create derivative works, based entirely or in parts on the software. To remove identification marks of ownership rights, serial numbers, captions or copy protection functions of the software.
    2. Furthermore Customer is not authorized to use the programs for its own development work or for a third party. It is strictly forbidden to use the programs that are able to manufacture a competitive product. If Customer wants to use the software on another computer, Customer is bound to delete the program of the current computer before installing it on another computer.
    3. Customer acknowledges that the programs and the documentation as well as further data are legally protected in regard of copyright and are deemed industrial secrets of TTS. Customer undertakes to take all the necessary measures to protect the software from abusive usage.

    TTS reserves the right to forbid or to stop the unauthorized use, notably to claim omission or compensation. TTS also reserves the right in this case to file for criminal prosecution.

  5. Caveat Emptor

    The license is granted free of charge and without engagement. TTS does not assume any guarantee and excludes any expressly or implicit legal guarantee, notably TTS does not guarantee the fitness of the software. TTS does not provide any support or maintenance service for the product. The software shall not be used in a productive environment.

  6. Update service

    TTS reserves the right to update the software at any time. Updates normally occur automatically and with prior notice.

  7. Disclaimer/ Limitation of Liability

    Entrepreneur: Given the fact that the timely limited license is free of charge, TTS is not liable for financial loss, in case of negligence.

    Consumer: As long as the license is free of charge, TTS is only liable limitedly for material damage; in any other cases TTS is liable for deliberate acts and negligence. In case of essential breaches of contract, in case of debtor’s delays or in case of impossibility of performance, TTS is liable for any negligence.

    The aforementioned restrictions shall neither apply to Entrepreneurs nor Consumers if and to the extent to which physical damages or personal injury occur.

    Claims on the grounds of the German Product Liability shall remain unaffected.

  8. Confidentiality and Data Protection
    1. By agreeing to this EULA the approval to the then valid data protection directive published under the following link: Privacy Policy
    2. In the event that during the service provision personal data shall be processed by TTS or in the event an access to the personal data cannot be barred the parties agree on the respective legal requirements of data processing.
  9. Jurisdiction

    This EULA modifications shall be conform with and be governed by the laws of the Republic of Germany without regard to its choice of law rules and excluding the provisions of the United Nations Convention on contracts for the International Sale of Goods.

    Entrepreneur: in terms of law exclusive venue shall be TTS’ main place.

    Consumer: in terms of law venue shall be Consumer’s domicile.

  10. Miscellaneous
    1. The EULA define the user right of the software and deem the entire Agreement between the parties. This EULA overrule any other information, covenants or advertising messages in regard to the software.
    2. A waiver of provisions of the EULA shall only be valid in written form and if signed by a legal representative of TTS.
    3. In the event individual provisions hereof are invalid or impracticable, the validity of the remaining provisions hereof shall remain unaffected. The parties hereto shall replace the invalid or impracticable provision with the valid alternate provision which most closely approximates the economic purpose of the invalid or impracticable provision. The same shall where this agreement is silent.

    All rights are reserved to TTS.

Contact

YouGuideMe.com
info(at)youguideme.com

tts Knowledge Products GmbH
Executive Directors: Bianca Beckenkamp · Ulrich Ude · Dr. Rolf Zajonc
Registered Office: Heidelberg · Reg. Nº HRB 715 920
Jurisdiction: Heidelberg
Sales Tax Identification Nº: DE 813 674 420

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