ENDUSER LICENSE AGREEMENT
[h2]Privacy statement below[/h2]
IMPORTANT. PLEASE READ THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALLATION. BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Articy End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Articy for the Articy software product(s) which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this agreement. This license agreement represents the entire agreement concerning the program between you and Articy, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this agreement, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
THE SOFTWARE PRODUCT MAY INCLUDE PRODUCT VALIDATION, PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING. THIS TECHNOLOGY MAY CAUSE YOUR COMPUTER TO AUTOMATICALLY CONNECT TO THE INTERNET AS DESCRIBED IN SECTION 8. ADDITIONALLY, ONCE CONNECTED, THE SOFTWARE MAY TRANSMIT YOUR SERIAL NUMBER TO ARTICY AND IN DOING SO MAY PREVENT USES OF THE SOFTWARE THAT ARE NOT PERMITTED.
“Articy” means articy Software GmbH & Co. KG, Feldstr. 26a, 44867 Bochum, Germany.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Perpetual Provisions and Use.
Subject to the terms and conditions of this Agreement and the payment of the appropriate fees Articy grants you a limited, personal, worldwide, royalty-free, non-assignable, non-sublicenseable, non-transferable and non-exclusive license to use the SOFTWARE PRODUCT.
You have the right to install and use copies of the SOFTWARE PRODUCT on your computers running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed. If you have purchased multiple-user licenses for the SOFTWARE PRODUCT, at any time you may have as many copies of the software in use up to the number of multiple-user licenses you have purchased.
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
(c) Tryout Software.
The SOFTWARE PRODUCT may be configured to allow trial or tryout for a limited period of time. You are not permitted to use the Software in a manner inconsistent with its design or Documentation. ACCESS TO ANY OUTPUT FILES CREATED WITH THE SOFTWARE PRODUCT USED ON A TRYOUT OR TRIAL BASIS IS ENTIRELY AT YOUR OWN RISK.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
Articy may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this agreement.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, Articy may terminate this agreement if you fail to comply with the terms and conditions of this agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by ByteRockers’ Games GmbH & Co. KG, Schivelbeiner Str. 1, 10439 Berlin, Germany. The worldwide exclusive right of exploitation relating to this Software is owned by Articy. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This agreement grants you no rights to use such content. All rights not expressly granted are reserved by Articy or ByteRockers’ Games GmbH & Co. KG.
5. LIMITED WARRANTY
Articy warrants to you that first purchases a license for the SOFTWARE PRODUCT for use pursuant to the terms of this agreement that the SOFTWARE PRODUCT will perform substantially in accordance with the Documentation for the ninety (90) day period following receipt of the SOFTWARE PRODUCT when used on the recommended operating system and hardware configuration. Non-substantial variation of performance from the Documentation does not establish a warranty right. This limited warranty does not apply to the following, which are made available AS-IS and without warranty from Articy: patches, pre-release (beta), trial and evaluation copies of the Software; websites, Articy Online Services and any software made available by Articy for free via web download from a Articy website. All warranty claims must be made to Articy within such ninety (90) day period. If the SOFTWARE PRODUCT does not perform substantially in accordance with the Documentation, the entire liability of Articy and your exclusive remedy will be limited to either, at Articy’s option, replacement of the SOFTWARE PRODUCT or refund of the license fee you paid for the SOFTWARE PRODUCT.
YOU MAY HAVE ADDITIONAL LEGAL RIGHTS AS STATED IN THIS SECTION, WHICH VARY FROM JURISDICTION TO JURISDICTION. ARTICY WILL NOT LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. Please see Section 10 for jurisdiction-specific provisions.
OTHER THAN THE FOREGOING LIMITED WARRANTY OFFERED AND STATUTORY WARRANTIES AND REMEDIES, WHICH STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ARTICY’S BREACH OF THAT OFFERED WARRANTY, ARTICY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND STATUTORY WARRANTIES AND REMEDIES, ARTICY PROVIDE THE SOFTWARE PRODUCT AND ACCESS TO ANY WEBSITES AND ARTICY ONLINE SERVICES AS-IS AND WITH ALL FAULTS. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES. YOU MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ARTICY WILL NOT LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. The provisions of Sections 6 and Section 7 will survive the termination of this agreement, howsoever caused, but this will not imply or create any continued right to use the SOFTWARE PRODUCT after termination of this agreement.
7. LIMITATION OF LIABILITY
In no event shall Articy be liable for any loss, damages, claims or costs whatsoever (including any consequential, indirect or incidental damages, any lost profits or lost savings, any damages resulting from business interruption, personal injury or failure to meet any duty of care, or claims by a third party, even if an Articy representative has been advised of the possibility of such loss, damages, claims or costs), except for the exclusive remedy offered by Articy above and any remedies that cannot excluded or limited under law. This limitation of liability may not be valid in your jurisdiction. Articy will not limit your warranty or remedies to any extent not permitted by law. Please see Section 10 for jurisdiction-specific provisions.
8. INTERNET CONNECTIVITY AND PRIVACY.
8.1 Automatic Connections to the Internet. The SOFTWARE PRODUCT may cause your Computer to automatically connect to the Internet and to communicate with a Articy website for purposes that may include providing you with additional information, features, functionality and licensing.
8.1.1 When the SOFTWARE PRODUCT automatically connects to the Internet, an Internet protocol address (“IP Address”) that is associated with your current Internet connection, serial key information and a digest (hash) of your system information for licensing purposes are sent to a Articy website;
8.1.2 When the SOFTWARE PRODUCT automatically connects to the Internet, no personally identifiable information is sent except to the extent that IP Addresses may be considered personally identifiable in some jurisdictions;
8.2 Updating. The SOFTWARE PRODUCT may cause your Computer to automatically connect to the Internet to check for Updates that are available for automatic download to your Computer and to let Articy know the SOFTWARE PRODUCT is successfully installed. Please consult the Documentation for information about changing default update settings.
8.3 Use of Articy Online Services. The SOFTWARE PRODUCT may use your Computer to automatically connect to the Internet to facilitate your access to content and services that are provided to you by Articy. In addition, the SOFTWARE PRODUCT may automatically update downloadable materials from these services so as to provide immediate availability of these services even when you are offline. Please consult the Documentation for information about changing default update settings.
9. Peer to Peer Communications.
The articy:server may use your connection to a local area network to automatically connect to other Articy software and, in doing so, may indicate on the local area network that it is available for communication with other Articy software. These connections may transmit the IP Address of your connection to the local network, but no personally identifiable information will be transmitted or received through such network connections (except to the extent that IP Addresses may be considered personally identifiable in some jurisdictions).
The articy:server utilizes SSL for encrypted communication. Connections to the company source-control system must be available when using collaborative working. We strongly recommend using a VPN (virtual private network). Credentials for Source control access are exchanged by means of the source control provider. Articy cannot be made responsible for security issues regarding that.
10. Specific Provisions and Exceptions.
This section sets forth specific provisions related to certain products and components of the SOFTWARE PRODUCT as well as limited exceptions to the above terms and conditions. To the extent that any provision in this section is in conflict with any other term or condition in this agreement, this section will supersede such other term or condition.
10.1 No Prejudice, European Union Provisions.
10.1.1 This agreement will not prejudice the statutory rights of any party, including those dealing as consumers. For example, for consumers in New Zealand who obtain the SOFTWARE PRODUCT for personal, domestic or household use (not business purposes), this agreement is subject to the Consumer Guarantees Act.
10.1.2 If you obtained the SOFTWARE PRODUCT in the European Union (EU), you usually reside in the EU and you are a consumer (that is you use the SOFTWARE PRODUCT for personal, non-business related purposes), then Section 5 does not apply to your purchase and use of the SOFTWARE PRODUCT. Instead, Articy warrants for a period of 2 years from purchase that the SOFTWARE PRODUCT provides the functionalities set forth in the Documentation (the “agreed upon functionalities”) when used on the recommended hardware configuration. Non-substantial variation from the agreed upon functionalities will not establish any warranty rights. THIS WARRANTY DOES NOT APPLY TO SOFTWARE PRODUCTS THAT YOU REQUEST TO USE ON A PRE-RELEASE, TRYOUT, STARTER, PRODUCT SAMPLER BASIS, OR TO THE EXTENT THE SOFTWARE FAILS TO PERFORM BECAUSE IT HAS BEEN ALTERED BY YOU. To make a warranty claim, you must notify Articy during this 2 year period, providing details of proof of purchase of the SOFTWARE PRODUCT. Articy will verify with you whether there is a defect in the SOFTWARE PRODUCT or advise you that the error arises because you have not installed the SOFTWARE PRODUCT correctly (in which case, Articy shall assist you). If there is a defect in the SOFTWARE PRODUCT, you may request from Articy either a refund or a repaired/replacement copy of the SOFTWARE PRODUCT. In the event your warranty details are substantiated, Articy will meet your request for repaired/replacement Software, unless it is not reasonable for Articy to do so, in which case Articy will provide you with a refund.
Please note that the provisions of Section 7 (Limitation of Liability) will continue to apply to any damages claims you make in respect of your use of the SOFTWARE PRODUCT. Nonetheless, Articy shall be liable for direct losses that are reasonably foreseeable in the event of a breach by Articy of this agreement. You are advised to take all reasonable measures to avoid and reduce damages, in particular by making back-up copies of the SOFTWARE PRODUCT and your computer data.
This agreement, and in particular, this Section 10.1.2, is intended to describe your rights (including your statutory rights) in the event there should be problems with your use of the SOFTWARE PRODUCT. If your statutory rights should be greater than this description, your statutory rights shall apply.
10.2 Pre-release SOFTWARE PRODUCT Additional Terms. If the SOFTWARE PRODUCT is pre-commercial release or beta software (“Pre-release Software”), then this section applies. The Pre-release Software is a pre-release version, does not represent final product from Articy, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Articy may never commercially release the Pre-release Software. You will return or destroy all copies of Pre-release Software upon request by Articy or upon Articy’s commercial release of such Software. YOUR USE OF PRE-RELEASE SOFTWARE IS AT YOUR OWN RISK. SEE SECTIONS 6 AND 7 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN PRE-RELEASE SOFTWARE.
10.3 Educational SOFTWARE PRODUCT. If the Software is Educational SOFTWARE PRODUCT (Software manufactured and distributed for use by only Educational End Users), you are not entitled to use the SOFTWARE PRODUCT unless you qualify in your jurisdiction as an Educational End user.
Last Update: 05/2018
Privacy statement for softwareThis software is provided by Articy Software GmbH & Co. KG, Feldstraße 26a, 44867 Bochum, Germany, phone +49 2327 96021-0, fax +49 2327 96021-29, email email@example.com, district court Bochum, HRA 7029 (called “we” or “our” hereinafter), as the person responsible for the purpose of the applicable data protection law.
When installing or using the software we process personal data about you. Personal data includes all kind of information referring to an identified or identifiable natural person. With the following statements we inform you about the kind of personal data we process and how we handle this data. Furthermore, we inform you about the legal basis of the data processing. If the data processing is necessary for the protection of our legitimate interests, we will inform you about our legitimate interests.
You can access this data privacy statement anytime within the software in the main menu entry “privacy statement”.
1. Information regarding the processing of your data
Certain information is automatically processed as soon as you register or use the software. Which kind of personal data is processed is listed below:
1.1 Data that is processed automatically when installing or using the software
When entering the license key for the registration process, or when using the software, certain necessary data will be transferred to us. In particular license key, check number, date and time of registration, operating system and its interface, Steam ID for Steam customers, and IP address.
The above data is automatically transferred to us, (1) for the purpose of making the software and its associated functionality available to you; (2) to improve functionality and performance characteristics; and (3) to prevent and remove misuse and malfunction. This data processing is justified, (1) because the processing is necessary for the fulfillment of the contract between you and us for the usage of the software regarding section 6 subparagraph 1 littera b) GDPR; or (2) because we have a legitimate interest to warrant the operability and error-free operation of our software, and to make a market-conform software available, which predominates your rights and interests regarding the protection of your personal data according to section 6 subparagraph 1 littera f) GDPR.
2. Disclosure and transfer of data
2.1 Data provided during the registration process is disclosed as far as it is necessary within our company for internal administrative purposes, including customer care.
Potential disclosure of personal data is justified, because we have a legitimate interest to use this data for administrative purposes within our company, which predominates your rights and interests regarding the protection of your personal data according to section 6 subparagraph 1 littera f) GDPR.
2.2 Personal data will be disclosed to prosecuting authorities or other authorities and where necessary to aggrieved parties and legal counsel, if necessary for solving an unlawful or abusive usage of our software or for the prosecution of an action. However, this will only happen if there is indication for unlawful or abusive conduct. A disclosure can also happen to enforce terms of service and other legal claims. Furthermore, we are legally bound to disclose information if requested by certain public service entities. These are prosecuting authorities, authorities pursuing infringement fines, and fiscal authorities.
Potential disclosure of personal data is justified, (1) because processing is required for the fulfillment of a legal obligation, which we are subjected to by section 6 subparagraph 1 littera f) GDPR in connection with national legal standards regarding data disclosure to prosecuting authorities, or (2) because we have a legitimate interest to disclose data to mentioned third parties if indications for abusive conduct exist, or to enforce terms of services, other conditions, or legal claims, which predominate your rights and interests regarding the protection of your personal data according to section 6 subparagraph 1 littera f) GDPR.
2.3 In the context of the development of our business it may happen that the structure of our business transforms, because the form of organization is changed, subsidiaries, company parts, or units are founded, bought or sold. During these transactions customer information might be transferred as necessary together with the transferred part of the business. When transferring personal data to third parties in the aforementioned scope we ensure that this happens in compliance to this privacy statement and the applicable data protection law.
Potential disclosure of personal data is justified, because we have a legitimate interest to adapt our company form to economical and legal circumstances, which predominate your rights and interests regarding the protection of your personal data according to section 6 subparagraph 1 littera f) GDPR.
3. Data transfer to a third country
If personal data is transferred to a service provider or a group company outside the European Economic Area (EEA), we only transfer this data if the European Commission confirmed an adequate data protection level for this third country or if other adequate data protection guarantees (e.g European standard contractual clauses) are met. You can enquire detailed information about this topic with the contact details mentioned above.
Currently we do not plan to process data in countries outside the European Economic Area (EEA).
4. Changes in purpose
Processing your personal data for any other than the described purposes will only happen if a legal regulation permits it or if you give your consent to the modified purpose of the data processing. In the case of further processing for other purposes than the initial ones, we will inform you about the different purposes prior to processing the data further, and will provide you with all necessary information.
5. Data retention period
We delete or anonymize your personal data, as soon as they are no longer required for the purposes we described in the previous paragraphs. Usually we store your personal data for the length of the usage relationship respectively the contractual relationship, plus a period of 14 days during which we keep backup copies after deletion of your data, insofar this data is not needed for a longer timeframe in case of criminal prosecution, or the securing, establishing and enforcing of legal claims.
Specific information in this data privacy statement or legal requirements for the retention and deletion of personal data, in particular data we need to store for commercial and tax law reasons, remain unaffected.
6. Your rights as the involved individual
6.1 Right of information
You have the right to request information about your personal data we process according to section 15 GDPR at all times. To this effect, please send a request by mail or email to the address stated below.
6.2 Right of adjustment of incorrect data
You have the right to request an immediate adjustment of incorrect personal data regarding yourself. For a request, please use the contact info stated below.
6.3 Right of erasure
You have the right to request the erasure of your personal data according to the prerequisites of section 17 GDPR. These prerequisites especially allow for the right to erasure if the purposes for which your personal data was collected and processed are no longer necessary, as well as in cases of illegitimate processing, an existing objection, the obligation for erasure according to European Union law, or the law of the member state we are governed by. Regarding the data retention period see paragraph 5 of this data privacy statement. To exercise your right of erasure, please use the contact info stated below.
6.4 Right of data processing limitation
You have the right to request the limitation of our processing subject to section 18 GDPR. This right exists especially if the validity of the personal data between user and us is disputed, for the timeframe of the validation process. It also exists in the case of a user with an existing right of erasure requesting data processing limitation instead of data erasure. As well as the case in which the processed data is no longer necessary for our needs, but the user needs it for establishment, exercise or defense of legal claims, or where a successful objection between user and us is still disputed. To exercise your right of data processing limitation, please use the contact info stated below.
6.5 Right of data portability
You have the right to receive your personal data in a structured, common, and machine-readable format according to section 20 GDPR. To exercise your right of data portability, please use the contact info stated below.
7. Right of objection
You have the right to object the processing of your personal data according, among others, to section 6 subparagraph 1 littera e) or f) GDPR, for reasons arising from your specific situation according to section 21 GDPR. We will stop processing your personal data, unless we can provide compelling and legitimate reasons, which predominate your interests, rights, or liberties, or if the processing is necessary for establishment, exercise or defense of legal claims.
8. Right of appeal
If you consider our processing of your personal data to be illegal, or a potential infringement of the data protection law for other reasons, you can raise a complaint with the responsible supervisory authority:
The state representative for data protection in North Rhine-Westphalia
If you have any questions or comments regarding how we handle your personal data, or if you want to exercise your right as the involved individual according to paragraph 6 and 7, please use the following contact info: firstname.lastname@example.org
Our staff member responsible for data protection can be reached by the following contact info:
Carsten Schröder, Articy Software GmbH & Co. KG, Feldstraße 26a, 44867 Bochum,
phone: +49 2327 960 21 – 11, fax: +49 2327 960 21 – 29, email: email@example.com.
10. Obligation of data delivery
Within the context of the contract you are required to provide us with the necessary data allowing for the creation, implementation, and termination of the contractual relationship, as well as enabling us to meet our contractual obligations. This also applies to data we have to collect by legal obligation. Without this data implementation of the contract is impossible.
11. Amendments to this privacy statement
We will always keep this privacy statement up to date. Therefore we reserve the right to make amendments from time to time, to update changes to the way your personal data is collected, processed, and used. The most current version of this data privacy statement can always be accessed in the software’s main menu, item “privacy statement”.
Last update: 05/2018