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End User License Agreement
Please read this End User License Agreement (“EULA”) before You purchase a License for the Software and subsequently download and use the Software.
By purchasing a License and/or downloading and using the Software, You agree, without reservation, to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License and/or download and use the Software.
If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
You may not accept this EULA if You are not of legal age to form a binding contract with Ectoplastic UG.
1. Definitions
1.1 - In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
• “Ectoplastic UG” Ectoplastic UG (haftungsbeschraenkt), Julius Ebeling Str. 1a, 06112 Halle, mazetools@ectoplastic.com, Amtsgericht Stendal HRB 24079, USt-IdNr. DE 311121344
• “Software” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Ectoplastic UG, including any Updates; the license for the Software for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product) to Use the Software;
• “Updates” any modified versions and updates of, and additions to the Software (excluding upgrades of the Software);
• “Use” the access, download, install, copy or get benefit from using the Software in accordance with the documentation.
• “You” you, the final and ultimate user of the Software as a natural person.
General
1.2 - This EULA applies to any licenses granted to You by Ectoplastic UG for the use of the Software.
1.3 - By purchasing a License for the Software and/or downloading and using the Software, You enter into this EULA with Ectoplastic UG.
1.4 - This EULA may be modified from time to time. Ectoplastic UG will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License. Any modifications to this EULA shall only apply upon acceptance by You.
2. License
2.1 - Ectoplastic UG grants You a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA. Ectoplastic UG reserves all rights not expressly granted to You.
2.2 - Ectoplastic UG is and remains the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of Your purchase of the License or Your Use of the Software.
3. Permitted use and restrictions
3.1 - In order to be able to install the Software and receive Updates and upgrades, Your computer shall have access to the Internet.
3.2 - You may Use the Software on your personal computer or personal mobile device.
3.3 - You shall Use the software in accordance with applicable laws and shall not:
a. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License, the software;
b. assign the your License of the software without prior written approval of Ectoplastic UG;
c. Use the Software for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
d. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Software; or
e. copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Software and the License or any parts thereof, except to the extent permitted by applicable law.
3.4 - Ectoplastic UG may modify the Software at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
3.5 – If you like to use the Software in a commercial way, or have any business purposes, please contact us on mazetools@ectoplastic.com.
4. Maintenance and support
4.1 - Ectoplastic UG will notify You of any available Updates and upgrades.
4.2 - You may need to pay an additional fee in order to be able to download an upgrade.
4.3 - Any maintenance and support provided by Ectoplastic UG, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty (‘garantie’), as soon as reasonably practicable, subject to availability of personnel.
5. Use of data
5.1 - Ectoplastic UG and its subsidiaries may periodically collect and use technical and related data concerning the Software You have licensed, including about the version number of the Software You have installed and about the system You have installed the Software on. Ectoplastic UG will use such data to facilitate maintenance and support with respect to the Software, to improve its products and to provide further services or technologies to You.
5.2 - Ectoplastic UG may process personal data with respect to You, if and to the extent necessary to provide the License, to provide maintenance and support to You with respect to the Software and to comply with its obligations under this EULA. To the extent Ectoplastic UG will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement (https://www.ectoplastic.com/data-privacy.html) for more details on the processing of Your personal data that Ectoplastic UG has collected and received through its website and store accounts.
6. Disclaimer
6.1 - You Use the Software at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
6.2 - The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty (‘garantie’) - express or implied- of any kind, and Ectoplastic UG specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Ectoplastic UG, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
7. Liability limitation
7.1 -The liability of Ectoplastic UG and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to the License, the Software and/or this EULA shall in no event exceed the total amount of the prize you did pay for the software.
7.2 - Ectoplastic UG and any third party that has been involved in the creation, production, or delivery of the Software are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Software).
7.3 - The limitations of liability referred to in clause 7.1 and 7.2 shall not apply in the event that: (i) any negligence on the part of Ectoplastic UG leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Ectoplastic UG or the management of Ectoplastic UG.
8. Termination
8.1 - This EULA will continue to be in force until the expiry or termination of the Software.
8.2 – The Software will terminate automatically at the end of the applicable license term, unless renewed or Activated prior to the end of the applicable license term.
8.3 - Ectoplastic UG is entitled to terminate the Software by blocking the License during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your (subscription) fee for the License within the applicable payment term, or in the event Ectoplastic UG is required to do so by law or an order of an applicable court.
8.4 - Upon termination of the Software version, You shall cease all use of the Software and shall destroy all copies thereof.
8.5 - You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
9. Governing law and disputes
9.1 - This EULA shall be governed by and construed in accordance with the laws of Germany, excluding its conflicts of law rules.
9.2 - Any dispute between Ectoplastic UG and You shall exclusively be submitted to the competent court in Halle/ Saale, Germany.
Please read this End User License Agreement (“EULA”) before You purchase a License for the Software and subsequently download and use the Software.
By purchasing a License and/or downloading and using the Software, You agree, without reservation, to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License and/or download and use the Software.
If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
You may not accept this EULA if You are not of legal age to form a binding contract with Ectoplastic UG.
1. Definitions
1.1 - In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
• “Ectoplastic UG” Ectoplastic UG (haftungsbeschraenkt), Julius Ebeling Str. 1a, 06112 Halle, mazetools@ectoplastic.com, Amtsgericht Stendal HRB 24079, USt-IdNr. DE 311121344
• “Software” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Ectoplastic UG, including any Updates; the license for the Software for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product) to Use the Software;
• “Updates” any modified versions and updates of, and additions to the Software (excluding upgrades of the Software);
• “Use” the access, download, install, copy or get benefit from using the Software in accordance with the documentation.
• “You” you, the final and ultimate user of the Software as a natural person.
General
1.2 - This EULA applies to any licenses granted to You by Ectoplastic UG for the use of the Software.
1.3 - By purchasing a License for the Software and/or downloading and using the Software, You enter into this EULA with Ectoplastic UG.
1.4 - This EULA may be modified from time to time. Ectoplastic UG will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License. Any modifications to this EULA shall only apply upon acceptance by You.
2. License
2.1 - Ectoplastic UG grants You a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA. Ectoplastic UG reserves all rights not expressly granted to You.
2.2 - Ectoplastic UG is and remains the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of Your purchase of the License or Your Use of the Software.
3. Permitted use and restrictions
3.1 - In order to be able to install the Software and receive Updates and upgrades, Your computer shall have access to the Internet.
3.2 - You may Use the Software on your personal computer or personal mobile device.
3.3 - You shall Use the software in accordance with applicable laws and shall not:
a. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License, the software;
b. assign the your License of the software without prior written approval of Ectoplastic UG;
c. Use the Software for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
d. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Software; or
e. copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Software and the License or any parts thereof, except to the extent permitted by applicable law.
3.4 - Ectoplastic UG may modify the Software at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
3.5 – If you like to use the Software in a commercial way, or have any business purposes, please contact us on mazetools@ectoplastic.com.
4. Maintenance and support
4.1 - Ectoplastic UG will notify You of any available Updates and upgrades.
4.2 - You may need to pay an additional fee in order to be able to download an upgrade.
4.3 - Any maintenance and support provided by Ectoplastic UG, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty (‘garantie’), as soon as reasonably practicable, subject to availability of personnel.
5. Use of data
5.1 - Ectoplastic UG and its subsidiaries may periodically collect and use technical and related data concerning the Software You have licensed, including about the version number of the Software You have installed and about the system You have installed the Software on. Ectoplastic UG will use such data to facilitate maintenance and support with respect to the Software, to improve its products and to provide further services or technologies to You.
5.2 - Ectoplastic UG may process personal data with respect to You, if and to the extent necessary to provide the License, to provide maintenance and support to You with respect to the Software and to comply with its obligations under this EULA. To the extent Ectoplastic UG will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement (https://www.ectoplastic.com/data-privacy.html) for more details on the processing of Your personal data that Ectoplastic UG has collected and received through its website and store accounts.
6. Disclaimer
6.1 - You Use the Software at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
6.2 - The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty (‘garantie’) - express or implied- of any kind, and Ectoplastic UG specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Ectoplastic UG, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
7. Liability limitation
7.1 -The liability of Ectoplastic UG and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to the License, the Software and/or this EULA shall in no event exceed the total amount of the prize you did pay for the software.
7.2 - Ectoplastic UG and any third party that has been involved in the creation, production, or delivery of the Software are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Software).
7.3 - The limitations of liability referred to in clause 7.1 and 7.2 shall not apply in the event that: (i) any negligence on the part of Ectoplastic UG leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Ectoplastic UG or the management of Ectoplastic UG.
8. Termination
8.1 - This EULA will continue to be in force until the expiry or termination of the Software.
8.2 – The Software will terminate automatically at the end of the applicable license term, unless renewed or Activated prior to the end of the applicable license term.
8.3 - Ectoplastic UG is entitled to terminate the Software by blocking the License during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your (subscription) fee for the License within the applicable payment term, or in the event Ectoplastic UG is required to do so by law or an order of an applicable court.
8.4 - Upon termination of the Software version, You shall cease all use of the Software and shall destroy all copies thereof.
8.5 - You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
9. Governing law and disputes
9.1 - This EULA shall be governed by and construed in accordance with the laws of Germany, excluding its conflicts of law rules.
9.2 - Any dispute between Ectoplastic UG and You shall exclusively be submitted to the competent court in Halle/ Saale, Germany.