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End User License Agreement “Spinshot Party”

1. Rights of use
By purchasing the software, the end user obtains the right to install the software on their end devices and to use it as intended. This End User License Agreement governs the further legal relationship between the end user and us.

2. Updates
To the extent we deem it necessary or reasonable, we will provide updates to the software to fix bugs or otherwise improve performance.
Unless the updates are necessary to correct significant defects in the software, the end user has no right to demand that updates be provided.
We reserve the right to use a new EULA for the updates that is different from the one provided herein.
The end users entitled under Section 1 shall also have the right to use the updates provided. This does not apply if we create a completely new version of the software.

3. Operability
The end user confirms that he has informed himself about the system requirements of the software as far as the necessary hardware and software are concerned. They acknowledge that we do not establish the operability of the software on outdated or exotic hardware or on outdated operating systems. The same applies to outdated or incorrect drivers.

The end user also acknowledges that we are not responsible for the functionality of third-party software that is necessary to launch the software.

4 Liability
For damages to life, body and health that occur due to a negligent or intentional breach of duty by us or by our representatives or vicarious agents, we shall be liable to the end user without limitation in accordance with the statutory provisions.

We shall be liable to the end user without limitation in accordance with the statutory provisions for damage caused by intentional or grossly negligent breach of contract or fraudulent misrepresentation by us or by our representatives or vicarious agents.

We and our representatives or vicarious agents shall be liable for property damage and financial loss caused by negligence only in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract.
Any further liability by us and our representatives or vicarious agents towards the end user is excluded.

5. Final provisions
This contract shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. If the end user is a consumer, mandatory protective provisions of the law of the state in which the consumer has his habitual residence shall remain applicable.
Should individual provisions of this contract be invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall endeavor to find a provision in place of the invalid provision that best meets the objective of the contract in legal and economic terms.

In the event of any inconsistency between the German and English versions of this EULA, the German version shall prevail.