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END USER LICENSE AGREEMENT
Last updated September20, 2022
„European Football Dynasty 2023“ (together with any materials, as defined below, the “Licensed Application”) is licensed to You (“End-User”) by Jandl Software Solutions UG (haftungsbeschränkt), located and registered at Johannesstraße 24, Kirchentellinsfurt 72138, Germany (“Licensor” or “JASO”), for use only under the terms of this License Agreement.
By accessing or using the Licensed Application, you agree to comply with these terms and conditions (“JASO Terms”). If you do not agree to JASO Terms, you may not access or use the Licensed Application. The Licensor reserves all rights not expressly granted to you.
“Oracle Java JDK 17" is required to start the "Licensed Application". You acknowledge and agree that "Oracle Java JDK 17" is automatically downloaded and installed on your PC by the "Licensed Application". By accepting this License, you grant "JASO" the right to download and install "Oracle Java JDK 17" on your computer. "Oracle Java JDK 17” is licensed under the Oracle No-Fee Terms and Conditions (NFTC). „Java 17 LTS is the latest long-term support release for the Java SE platform. JDK 18 and JDK 17 binaries are free to use in production and free to redistribute, at no cost, under the Oracle No-Fee Terms and Conditions.“ By agreeing to this License Agreement, you also automatically agree to all terms of use of "Oracle Java JDK 17", such as the Oracle No-Fee Terms and Conditions. If you do not agree to these Terms, you may not access or use the Licensed Application. Please also check the homepage for any changes to the license. (https://www.oracle.com/java/technologies/downloads/)
The "Licensed Application" was wrapped from a .jar to an .exe file using “Launch4j”. The code from „launch4j“ ( Copyright © 2005-2018 Grzegorz Kowal) which is attached to the wrapped jars is licensed under the MIT License.
YOU AFFIRM THAT YOU ARE OF LEGAL CAPACITY TO ENTER INTO JASO TERMS OR, IF YOU ARE NOT, (1) THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT, OR (2) THAT YOUR PARENT OR GUARDIAN ACTED ON YOUR BEHALF, TO ENTER INTO JASO TERMS.
Jandl Software Solutions UG (haftungsbeschränkt) may modify JASO Terms periodically. In such a case, Jandl Software Solutions UG (haftungsbeschränkt) will indicate to you within the Licensed Application that it intends to modify JASO Terms, and unless otherwise stipulated, the modifications will come into effect when you agree to the modifications upon first using the Licensed Application after such modifications. If you do not agree to such modifications, you may no longer use the Licensed Application.
Any personal information collected and used by Jandl Software Solutions UG (haftungsbeschränkt) in relation to your use of the Licensed Application will be handled in accordance with JASO’s privacy policy or the privacy notice separately presented to you.
If you are under 13 years old, you are not eligible to access or use the Application unless Platform Terms allow you to access and use the Platform. You may use the Application only in accordance with Platform Terms and “JASO Terms”.
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. NO MAINTENANCE OR SUPPORT
4. USE OF DATA
5. USER-GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. THIRD-PARTY SERVICES
8. LIABILITY
9. WARRANTY
10. LIMITATION OF LIABILITY
11. PRODUCT CLAIMS
12. LEGAL COMPLIANCE
13. CONTACT INFORMATION
14. TERMINATION
15. INTELLECTUAL PROPERTY RIGHTS
16. GOVERNING LAW
17. Variations Depending on Countries/Regions.
18. Severability.
19. MISCELLANEOUS
1. THE APPLICATION
„European Football Dynasty 2023“ (“Licensed Application”) is a piece of software created to simulate the tasks of a football manager – and customized for Microsoft Windows devices (“Devices”).
the Licensed Application is not tailored to comply with industry specific regulations (Health insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Billey Act (GLBA).
2. SCOPE OF LICENSE
2.1 The Application, including, information and materials available in the Licensed Application, which may include video games and other software applications, and all components thereof such as audio-visual materials, Virtual Currency and Virtual Goods (collectively, “Materials”) are protected by copyright, trademark and other intellectual property rights, which are owned and controlled by Jandl Software Solutions UG (haftungsbeschränkt), its affiliated or related entities or its or their third-party content licensors or suppliers.
2.2 Subject to your compliance with JASO Terms, Jandl Software Solutions UG (haftungsbeschränkt), hereby grants to you a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application and Materials solely as incorporated therein, solely for your personal, non-commercial purposes. Nothing contained in the Application grants do or should be construed as granting any license or right to make commercial use of any Materials or other Jandl Software Solutions UG (haftungsbeschränkt) or third-party copyrighted materials, trademarks or intellectual property without Jandl Software Solutions UG (haftungsbeschränkt) prior written permission.
2.3 Jandl Software Solutions UG (haftungsbeschränkt) may also modify, suspend, discontinue, or prohibit you from accessing the Licensed Application (or any portion of the Licensed Application) at any time, for any or no reason and without notice. In such instances, your license to access and use Materials (including any Virtual Currency and Virtual Goods) shall be automatically terminated or suspended, as applicable. JASO shall not be required to provide refunds, benefits, or other compensation to you in connection with such termination or suspension.
2.4 This license will govern any updates of the Application by the Company that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update.
2.5 User may not share or make the Licensed Application available to third parties (unless allowed by the Company's prior written consent), sell, rent, lend, lease, or redistribute the Licensed Application.
2.6 User may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with the Company's prior written consent).
2.7 User may not copy (unless allowed by this license and the Usage Rules) or alter the Licensed Application. User may create and store copies only on devices that they own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. User may not remove any intellectual property notices. User acknowledges that no unauthorized third parties may gain access to these copies at any time.
2.8 Violations of the Usage Rules, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.9 The Company reserves the right to modify the terms and conditions of licensing.
2.10 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, the user must comply with applicable third-party terms and conditions.
3. NO MAINTENANCE OR SUPPORT
2.1 Jandl Software Solutions UG (haftungsbeschränkt) is not obligated, expressed or implied, to provide any maintenance, technical or other support for the licensed Application
2.2 Jandl Software Solutions UG (haftungsbeschränkt) and the End-User acknowledge that the Service have no obligation whatsoever to furnish any maintenance and support services with respect of the licensed Application.
4. USE OF DATA
2.1 You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor’s privacy policy
2.2 You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system and application software and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
5. USER-GENERATED CONTRIBUTIONS
The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privat Policy. When you create or make available any contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name, likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contribution are not false, inaccurate or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailing, or other forms of solicitation
6. Your Contribution are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contribution do not ridicule, mock, disparage, intimidate, or abuse anyone
8. Your Contribution are not used to harass or threaten (in the legalsense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contribution do not violate any applicable law, regulation, or rule.
10. Your Contribution do not violate the privacy or publicity rights of any third party
11. Your Contribution do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors
12. Your Contribution do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contribution do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
6. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings)
By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7. THIRD-PARTY SERVICES
The Application may provide you with opportunities to use the services provided by, and links to websites, services, products, content or other material of third parties, including without limitation Platformers. You acknowledge and agree that JASO does not endorse and are not responsible or liable for any such third-party services or materials made available through the Application (“Third-Party Services”), and that you access and use such Third-Party Services at your own risk. JASO encourages you to review the privacy and terms of use policies made available to you by such third parties. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD-PARTY SERVICES.
8. LIABILITY
1. Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a brach of essential contractual duties (cardinal obligations, Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
2. Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2(scope of license) of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
9. WARRANTY
1. Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
2. No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Jandl Software Solutions UG (haftungsbeschränkt)’s sphere of influence that affect the executability of the Licensed Application.
3. You are required to inspect the Licensed Application immediately after installing it and notify Jandl Software Solutions UG (haftungsbeschränkt) about issues discovered without delay by email provided in product claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.
4. If we confirm that the Licensed Application is defective, Jandl Software Solutions UG (haftungsbeschränkt) reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
5. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Service Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
6. If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Jandl Software Solutions UG (haftungsbeschränkt) and the End-User acknowledge that Jandl Software Solutions UG (haftungsbeschränkt), and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) Product liability claims;
(ii) Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirements; and
(iii) Claims as rising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed an any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Jandl Software Solutions UG (haftungsbeschränkt)
Johannesstraße 24
Kirchentellinsfurt, 72138
Germany
Email: info@jandl-software-solutions.de
13. TERMINATION
The license is valid until terminated by Jandl Software Solutions UG (haftungsbeschränkt) or by You. Your rights under this license will terminate automatically and without notice from Jandl Software Solutions UG (haftungsbeschränkt) if You fail to adhere to any term(s) of this license. Upon License termination, you shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Jandl Software Solutions UG (haftungsbeschränkt) represents and warrants that Jandl Software Solutions UG (haftungsbeschränkt) will comply with applicable third-party terms of agreement when using Licensed Application.
15. INTELLECTUAL PROPERTY RIGHTS
Jandl Software Solutions UG (haftungsbeschränkt) and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, Jandl Software Solutions UG (haftungsbeschränkt), and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
16. GOVERNING LAW
You agree that your access to and use of the Licensed Application is governed by the laws of Germany without giving effect to any choice of legal rule that would cause Licensed Application of laws of any jurisdiction other than Germany. All disputes and controversies arising out of or in connection with the Licensed Application shall be resolved exclusively by the Stuttgart District Court in Stuttgart, and you hereto agree to submit to the jurisdiction of said courts and agree that the venue shall lie exclusively with such courts.
17. VARIATIONS DEPENDING ON COUNTRIES/REGIONS
You hereby acknowledge and agree that the Licensed Application itself may vary depending on countries/regions to comply with applicable laws and regulations.
18. SEVERABILITY
If any provision of these JASO Terms, or the Licensed Application thereof to any person, place or circumstance, shall be held to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties, or, if incapable of such enforcement, shall be deemed to be deleted from these JASO Terms, and the remainder of these JASO Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.
19. MISCELLANEOUS
Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
Last updated September20, 2022
„European Football Dynasty 2023“ (together with any materials, as defined below, the “Licensed Application”) is licensed to You (“End-User”) by Jandl Software Solutions UG (haftungsbeschränkt), located and registered at Johannesstraße 24, Kirchentellinsfurt 72138, Germany (“Licensor” or “JASO”), for use only under the terms of this License Agreement.
By accessing or using the Licensed Application, you agree to comply with these terms and conditions (“JASO Terms”). If you do not agree to JASO Terms, you may not access or use the Licensed Application. The Licensor reserves all rights not expressly granted to you.
“Oracle Java JDK 17" is required to start the "Licensed Application". You acknowledge and agree that "Oracle Java JDK 17" is automatically downloaded and installed on your PC by the "Licensed Application". By accepting this License, you grant "JASO" the right to download and install "Oracle Java JDK 17" on your computer. "Oracle Java JDK 17” is licensed under the Oracle No-Fee Terms and Conditions (NFTC). „Java 17 LTS is the latest long-term support release for the Java SE platform. JDK 18 and JDK 17 binaries are free to use in production and free to redistribute, at no cost, under the Oracle No-Fee Terms and Conditions.“ By agreeing to this License Agreement, you also automatically agree to all terms of use of "Oracle Java JDK 17", such as the Oracle No-Fee Terms and Conditions. If you do not agree to these Terms, you may not access or use the Licensed Application. Please also check the homepage for any changes to the license. (https://www.oracle.com/java/technologies/downloads/)
The "Licensed Application" was wrapped from a .jar to an .exe file using “Launch4j”. The code from „launch4j“ ( Copyright © 2005-2018 Grzegorz Kowal) which is attached to the wrapped jars is licensed under the MIT License.
YOU AFFIRM THAT YOU ARE OF LEGAL CAPACITY TO ENTER INTO JASO TERMS OR, IF YOU ARE NOT, (1) THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT, OR (2) THAT YOUR PARENT OR GUARDIAN ACTED ON YOUR BEHALF, TO ENTER INTO JASO TERMS.
Jandl Software Solutions UG (haftungsbeschränkt) may modify JASO Terms periodically. In such a case, Jandl Software Solutions UG (haftungsbeschränkt) will indicate to you within the Licensed Application that it intends to modify JASO Terms, and unless otherwise stipulated, the modifications will come into effect when you agree to the modifications upon first using the Licensed Application after such modifications. If you do not agree to such modifications, you may no longer use the Licensed Application.
Any personal information collected and used by Jandl Software Solutions UG (haftungsbeschränkt) in relation to your use of the Licensed Application will be handled in accordance with JASO’s privacy policy or the privacy notice separately presented to you.
If you are under 13 years old, you are not eligible to access or use the Application unless Platform Terms allow you to access and use the Platform. You may use the Application only in accordance with Platform Terms and “JASO Terms”.
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. NO MAINTENANCE OR SUPPORT
4. USE OF DATA
5. USER-GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. THIRD-PARTY SERVICES
8. LIABILITY
9. WARRANTY
10. LIMITATION OF LIABILITY
11. PRODUCT CLAIMS
12. LEGAL COMPLIANCE
13. CONTACT INFORMATION
14. TERMINATION
15. INTELLECTUAL PROPERTY RIGHTS
16. GOVERNING LAW
17. Variations Depending on Countries/Regions.
18. Severability.
19. MISCELLANEOUS
1. THE APPLICATION
„European Football Dynasty 2023“ (“Licensed Application”) is a piece of software created to simulate the tasks of a football manager – and customized for Microsoft Windows devices (“Devices”).
the Licensed Application is not tailored to comply with industry specific regulations (Health insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Billey Act (GLBA).
2. SCOPE OF LICENSE
2.1 The Application, including, information and materials available in the Licensed Application, which may include video games and other software applications, and all components thereof such as audio-visual materials, Virtual Currency and Virtual Goods (collectively, “Materials”) are protected by copyright, trademark and other intellectual property rights, which are owned and controlled by Jandl Software Solutions UG (haftungsbeschränkt), its affiliated or related entities or its or their third-party content licensors or suppliers.
2.2 Subject to your compliance with JASO Terms, Jandl Software Solutions UG (haftungsbeschränkt), hereby grants to you a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application and Materials solely as incorporated therein, solely for your personal, non-commercial purposes. Nothing contained in the Application grants do or should be construed as granting any license or right to make commercial use of any Materials or other Jandl Software Solutions UG (haftungsbeschränkt) or third-party copyrighted materials, trademarks or intellectual property without Jandl Software Solutions UG (haftungsbeschränkt) prior written permission.
2.3 Jandl Software Solutions UG (haftungsbeschränkt) may also modify, suspend, discontinue, or prohibit you from accessing the Licensed Application (or any portion of the Licensed Application) at any time, for any or no reason and without notice. In such instances, your license to access and use Materials (including any Virtual Currency and Virtual Goods) shall be automatically terminated or suspended, as applicable. JASO shall not be required to provide refunds, benefits, or other compensation to you in connection with such termination or suspension.
2.4 This license will govern any updates of the Application by the Company that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update.
2.5 User may not share or make the Licensed Application available to third parties (unless allowed by the Company's prior written consent), sell, rent, lend, lease, or redistribute the Licensed Application.
2.6 User may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with the Company's prior written consent).
2.7 User may not copy (unless allowed by this license and the Usage Rules) or alter the Licensed Application. User may create and store copies only on devices that they own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. User may not remove any intellectual property notices. User acknowledges that no unauthorized third parties may gain access to these copies at any time.
2.8 Violations of the Usage Rules, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.9 The Company reserves the right to modify the terms and conditions of licensing.
2.10 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, the user must comply with applicable third-party terms and conditions.
3. NO MAINTENANCE OR SUPPORT
2.1 Jandl Software Solutions UG (haftungsbeschränkt) is not obligated, expressed or implied, to provide any maintenance, technical or other support for the licensed Application
2.2 Jandl Software Solutions UG (haftungsbeschränkt) and the End-User acknowledge that the Service have no obligation whatsoever to furnish any maintenance and support services with respect of the licensed Application.
4. USE OF DATA
2.1 You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor’s privacy policy
2.2 You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system and application software and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
5. USER-GENERATED CONTRIBUTIONS
The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privat Policy. When you create or make available any contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name, likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contribution are not false, inaccurate or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailing, or other forms of solicitation
6. Your Contribution are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contribution do not ridicule, mock, disparage, intimidate, or abuse anyone
8. Your Contribution are not used to harass or threaten (in the legalsense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contribution do not violate any applicable law, regulation, or rule.
10. Your Contribution do not violate the privacy or publicity rights of any third party
11. Your Contribution do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors
12. Your Contribution do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contribution do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
6. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings)
By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7. THIRD-PARTY SERVICES
The Application may provide you with opportunities to use the services provided by, and links to websites, services, products, content or other material of third parties, including without limitation Platformers. You acknowledge and agree that JASO does not endorse and are not responsible or liable for any such third-party services or materials made available through the Application (“Third-Party Services”), and that you access and use such Third-Party Services at your own risk. JASO encourages you to review the privacy and terms of use policies made available to you by such third parties. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD-PARTY SERVICES.
8. LIABILITY
1. Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a brach of essential contractual duties (cardinal obligations, Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
2. Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2(scope of license) of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
9. WARRANTY
1. Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
2. No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Jandl Software Solutions UG (haftungsbeschränkt)’s sphere of influence that affect the executability of the Licensed Application.
3. You are required to inspect the Licensed Application immediately after installing it and notify Jandl Software Solutions UG (haftungsbeschränkt) about issues discovered without delay by email provided in product claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.
4. If we confirm that the Licensed Application is defective, Jandl Software Solutions UG (haftungsbeschränkt) reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
5. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Service Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
6. If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Jandl Software Solutions UG (haftungsbeschränkt) and the End-User acknowledge that Jandl Software Solutions UG (haftungsbeschränkt), and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) Product liability claims;
(ii) Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirements; and
(iii) Claims as rising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed an any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Jandl Software Solutions UG (haftungsbeschränkt)
Johannesstraße 24
Kirchentellinsfurt, 72138
Germany
Email: info@jandl-software-solutions.de
13. TERMINATION
The license is valid until terminated by Jandl Software Solutions UG (haftungsbeschränkt) or by You. Your rights under this license will terminate automatically and without notice from Jandl Software Solutions UG (haftungsbeschränkt) if You fail to adhere to any term(s) of this license. Upon License termination, you shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Jandl Software Solutions UG (haftungsbeschränkt) represents and warrants that Jandl Software Solutions UG (haftungsbeschränkt) will comply with applicable third-party terms of agreement when using Licensed Application.
15. INTELLECTUAL PROPERTY RIGHTS
Jandl Software Solutions UG (haftungsbeschränkt) and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, Jandl Software Solutions UG (haftungsbeschränkt), and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
16. GOVERNING LAW
You agree that your access to and use of the Licensed Application is governed by the laws of Germany without giving effect to any choice of legal rule that would cause Licensed Application of laws of any jurisdiction other than Germany. All disputes and controversies arising out of or in connection with the Licensed Application shall be resolved exclusively by the Stuttgart District Court in Stuttgart, and you hereto agree to submit to the jurisdiction of said courts and agree that the venue shall lie exclusively with such courts.
17. VARIATIONS DEPENDING ON COUNTRIES/REGIONS
You hereby acknowledge and agree that the Licensed Application itself may vary depending on countries/regions to comply with applicable laws and regulations.
18. SEVERABILITY
If any provision of these JASO Terms, or the Licensed Application thereof to any person, place or circumstance, shall be held to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties, or, if incapable of such enforcement, shall be deemed to be deleted from these JASO Terms, and the remainder of these JASO Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.
19. MISCELLANEOUS
Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.