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eBlocker End User License Agreement

I. General

1. This End User License Agreement (EULA) applies to all software products of eBlocker GmbH, Kaiser-Wilhelm-Str. 47, 20355 Hamburg, Germany (hereinafter referred to as “eBlocker” or “Licensor”) as well as to other software and program libraries insofar as reference is made to this License Agreement. For the sake of simplicity, all licensed products shall hereinafter be referred to as “Software”. Any differing terms and conditions and contractual offers of the Licensee are herewith rejected. The General Terms and Conditions of eBlocker shall apply in supplement.

II. Subject Matter of the Contract

1. The subject matter of the license is the provision, restricted to the re-spective term of the license, of the computer program in object code, including the related user documentation (“Software”) and the granting of the rights of use described in these license terms. The hardware and software environment in which the software can be used in accordance with the current knowledge of the Licensor can be found in eBlocker’s respective system requirements. eBlocker cannot guarantee its compatibility or interoperability with hardware and software provided by third parties.

2. The Licensor shall provide the Licensee with a copy of the Software in digital form, either on a suitable data medium or by providing same for download as well as an electronic version of the related user documentation.

3. The owed quality of the Software is definitively described in these license terms, any supplementary contractual agreements and the Software documentation. The Software and the mathematical models and calculation methods used therein are based on recognized standards. Nevertheless, the results of the calculation depend on individual environmental factors. It is therefore not an owed characteristic of the Software to always and for each case guarantee correct results and/or error-free program processes. The provision of such software is, in particular, also not a material contractual obligation.

4. Any services related to modification, installation and configuration are not a subject matter of this Agreement.

III. Granting of Rights

1. The Licensee is granted a non-exclusive, non-transferable and non-sub licensable right limited to the respective duration of the License Agreement to use the Software for his own purposes. The contractual use includes installation as well as the loading, displaying and running of the installed Software. In all other respects, the nature and scope of the use is based on the respective agreement.

2. The right to decompile the licensed item is granted only under the condition of Section 69 e (1) no. 1 to 3 UrhG [German Copyright Act] and in the context of Section 69 e (2) nos. 1 to 3 UrhG. In all other respects, the Licensee is not entitled to duplicate, adapt or decompile the Software. The Licensee shall also not disassemble, reverse engineer or change or exploit otherwise the Software unless this Agreement provides express authorization therefor or if a legal regulation expressly exempts this without the consent of the rights holder.

3. Subject to an agreement to the contrary between the contractual partners, the Licensee is not entitled to provide the copy of the Software provided to the Licensee or the backup copy, if applicable, to third parties. In particular, the Licensee is not permitted to sell, loan, rent or sublicense in any other manner or provide or make accessible the Software publicly without the consent of the Licensor.

4. The Licensee is not entitled to duplicate and/or use the Software beyond the scope provided for above. Should the Licensee violate one or more of the aforementioned provisions of this § 2, all the rights of use granted in the context of this Agreement shall become ineffective immediately and revert automatically to the Licensor. In this case, the Licensee shall discontinue the use of the Software without delay and in full, delete all the copies of the Software installed on their systems as well as delete the backup copy, if created, or hand same back to the Licensor.

IV. Framework Conditions

1. The Licensee undertakes to only use the Software as legally permitted and to only use or apply it in any other way such that the provisions of this License Agreement are not violated.

2. The Licensee is entitled to use the Software on the allocated end devices to the extent the Software is allocated to particular end devices (device-specific license). Installation on multiple end devices is prohibited. The provision of the Software (irrespective whether merely on a data medium or together with an end device) and/or making available of the Software to third parties is prohibited without the consent of the Licensor. This shall not apply if the Licensee has purchased the Software from the Licensor together with an end device. In this case, the end device may only be passed on with the last authorized version installed on the end device.

3. The Licensor is entitled to check compliance with these license terms using legally admissible measures.

4. The Licensee shall compensate the Licensor for all costs and penalties that the Licensor incurs due to the Licensee culpably violating the provisions of this Agreement and, in particular, providing the Software to third parties for their use.

V. Fees, Due Date and Default

1. Any fees payable for the provision of the Software shall be based on the agreements made in supplement, if applicable.

2. Where rights are granted for a fee, the rights granted in accordance with this Agreement are subject to the fee payable for the making available of the software being paid in time. The right of use shall lapse if the Licensee delays payment.

VI. Contractual Term and Termination

1. The License Agreement is concluded for an indefinite period. In the event of updates and product updates, the right of use for the respectively updated version shall end upon installation of the update/program update. The right to purchase updates and program updates shall end if the contract regarding the update service between the Licensor and the Licensee ends or if the Licensee deletes their eBlocker account. In this case, the user shall remain entitled to use the last authorized Software version installed in accordance with the provisions of this License Agreement.

2. In addition, the License Agreement may be terminated without notice by either party for good cause in writing. Good cause entitling the Licensor to terminate the Agreement shall be deemed to exist if the Licensee violates the Licensor’s rights of use by using the Software beyond the scope provided for in this Agreement.

3. On expiry of the License Agreement, the Licensee shall discontinue use of the Software and remove all the copies of the programs installed on their computers or other devices on which the Software is used and destroy any backup copies created without delay.

VII. Maintenance/Defects

1. The Licensor guarantees that it shall maintain the contractually agreed quality of the Software for the duration of the Agreement and that the contractual use of the Software is free of third party rights.

2. The Software provided by the Licensor in essence corresponds to the product description. Claims based on defects for minor deviations to the agreed or required quality and for insignificant impairments of suitability for use shall not be allowed. Product descriptions shall not constitute a guarantee without a separate written agreement. In the event of updates, upgrades and new versions, claims based on defects shall be limited to the new versions of the updates, upgrades or new versions compared to the previous version.

3. If the Licensee demands subsequent performance due to a defect, the Licensor has the right to choose between subsequent improvement, replacement or compensation. If the Licensee grants the Licensor an additional appropriate period of grace, after a first period of grace was granted without a result being produced, and this second period of grace also passes without result or if an appropriate number of attempts at subsequent improvement, replacement or compensation has remained without result, the Licensee may, under the legal requirements at its choice, withdraw from the contract or demand a reduction in price and seek compensation for losses or expenses. Subsequent performance may also be effected by the handover or installation of a new program version or a workaround. If the defect does not negatively or only negligibly affect functionality, the Licensor shall, to the exclusion of further claims for defects, be entitled to remedy the defect through the supply of a new version or an update in the context of its version, update and upgrade plan.

4. When providing a notification of defects, the defects shall be substantiated by a comprehensible account of the symptoms of the error to the extent possible or by means of written records, hard copies or other documents that make the defect apparent. Defect notifications should make it possible to reproduce the error. Any statutory inspection and defect notification obligations of the Licensee shall remain unaffected.

5. If and as soon as the Software is provided to the Licensee free of charge, the liability of the Licensor for material defects and defects in title shall be excluded. This does not apply to a violation of cardinal contractual obligations, wilful violations of obligations, violations of any guarantee agreements as well as injury to life, body or health. If other products of the Licensor are provided for a fee and the Software is provided without a separate invoice as such, this shall also be regarded as being provided free of charge.

VIII. Liability

1. The Licensor shall have unlimited liability

  • in the event of intent or gross negligence,
  • in the event of injury to life, limb or health,
  • in accordance with the regulations of the German Product Liability Act, and
  • in the scope of a guarantee taken over by the Licensor.

2. In the event of slightly negligent violation of an obligation that is material to achieving the purpose of the contract (cardinal duty), the liability of the Licensor shall be limited to the foreseeable damages typical to the type of transaction in question. Any liability of the Licensor for profits foregone is excluded.

3. The Licensor has no further liability.

4. The aforementioned limitations of liability shall also apply to the personal liability of the employees, representatives and executive bodies of the Licensor as well as correspondingly to claims for the reimbursement of expenses.

5. The Licensor’s liability for violations of industrial property rights and/or copyright outside of the Federal Republic of Germany is excluded.

IX. Miscellaneous

1. The law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods shall apply to the contract. This choice of law shall only apply to consumers if the granted protection has not been withdrawn through compelling provisions of the law of the state in which the consumer has his usual place of residence.

2. The user may transfer the rights and obligations arising from or in connection with the contract to third parties only after our written consent.

3. These General Terms and Conditions of Contract shall also be valid if our services and products are used outside the Federal Republic of Germany

4. Should any individual provisions of these terms of contract be invalid, this shall not affect the validity of the remaining provisions.

5. If the user is a merchant, legal entity under public law or a special fund under public law the place of performance and place of jurisdiction shall be the place of our registered offices.

6. The interpretation of this End User License Agreement and the rights and obligations of the parties shall be based on the German version of the End User License Agreement.

Version: ENv1.0 – 2015-08-06