EULA

LICENSE AGREEMENT FOR THE USE OF OUR SOFTWARE BETWEEN JOCHEN MOSCHKO AND THE END USER

PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, COPYING OR USING THE SOFTWARE SPECIFIED ABOVE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

IMPORTANT: IF YOU HAVE PURCHASED THIS PRODUCT IN GERMANY, AUSTRIA OR SWITZERLAND OR IF YOU LIVE THERE, THE GERMAN LANGUAGE AGREEMENT APPLIES. // ACHTUNG: WENN SIE DIESES PRODUKT IN DEUTSCHAND, ÖSTERREICH ODER DER SCHWEIZ ERWORBEN HABEN ODER WENN SIE DORT ANSÄSSIG SIND, GILT DER DEUTSCHSPRACHIGE LIZENZVERTRAG.

Jochen Moschko – hereinafter referred to as the "Manufacturer" – is the exclusive owner of the Software. He grants the licensee (end user) a non-exclusive license to use the software. The licensee is entitled to use the Software in accordance with the terms of this Agreement.

USE OF THE SOFTWARE: The licensee may only use and/or run the software on one computer at a time per license. The licensee is responsible for making a copy of the software for backup purposes. The manufacturer is not obligated to resend and/or replace the software in the event of loss. The licensee may not make illegal copies of the software, distribute the software without authorisation, reverse engineer ("decompile") the software, and/or modify the software. Section 69 e of the Copyright Act (UrhG) is excluded from this. The licensee may transfer the license to another person. The licensee is then no longer authorised to use the software themselves. The licensee must uninstall it from their computer and destroy all backup copies. The software is the property of the manufacturer and may not be distributed and/or made available to third parties without prior written permission.

Also applies to "BackProtection Festplattenreiniger": The software is licensed for private use only.

LIMITATION OF LIABILITY: THE SOFTWARE HAS BEEN TESTED AND MAY BE USED AND/OR EXECUTED ON THE INTENDED COMPUTER SYSTEMS. THE MANUFACTURER EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING THE SUITABILITY OF THE SOFTWARE ON ALL COMPUTER SYSTEMS AND/OR FOR ANY PARTICULAR INTENDED USE BY THE LICENSEE. DUE TO THE HIGH COMPLEXITY OF THE SOFTWARE, ERRORS ("BUGS") CANNOT BE COMPLETELY RULED OUT. IN THE EVENT OF SUCH ERRORS OCCURRING, THE LICENSEE IS OBLIGATED TO INFORM THE MANUFACTURER OF THE ERRORS AND TO ENABLE THE MANUFACTURER TO REPRODUCE THE ALLEGED ERROR SO THAT IT CAN BE CORRECTED. THE MANUFACTURER'S LIABILITY IS LIMITED TO THE TYPICALLY OCCURRING AND FORESEEABLE DAMAGE, UNLESS THERE IS INJURY TO LIFE, BODY, OR HEALTH, OR IF THE MANUFACTURER OR ITS VICARIOUS AGENTS ACT WITH GROSS NEGLIGENCE OR INTENT. STATUTORY CONSUMER RIGHTS, INCLUDING LIABILITY UNDER THE PRODUCT LIABILITY ACT (ProdHaftG), REMAIN UNAFFECTED.

LIABILITY FOR SIMPLE NEGLIGENCE IS LIMITED TO THE BREACH OF ESSENTIAL CONTRACTUAL OBLIGATIONS (SO-CALLED CARDINAL OBLIGATIONS). CARDINAL OBLIGATIONS ARE THOSE CONTRACTUAL DUTIES WHOSE FULFILMENT IS ESSENTIAL FOR THE PROPER PERFORMANCE OF THE CONTRACT AND ON WHICH THE CONTRACTUAL PARTNER REGULARLY RELIES OR MAY RELY. LIABILITY FOR SUCH DAMAGES SHALL BE LIMITED TO TYPICALLY OCCURRING AND FORESEEABLE DAMAGES. THE MANUFACTURER SHALL NOT BE LIABLE FOR BREACHES CAUSED BY SIMPLE NEGLIGENCE THAT DO NOT CONCERN ESSENTIAL CONTRACTUAL OBLIGATIONS. THE LIMITATIONS OF LIABILITY STATED IN THIS SECTION DO NOT APPLY IN THE EVENT OF INJURY TO LIFE, BODY OR HEALTH, OR IN THE EVENT OF GROSS NEGLIGENCE OR INTENT ON THE PART OF THE MANUFACTURER OR ITS VICARIOUS AGENTS. STATUTORY CONSUMER RIGHTS, SUCH AS LIABILITY UNDER THE PRODUCT LIABILITY ACT (ProdHaftG), REMAIN UNAFFECTED.

OBLIGATIONS OF THE LICENSEE: THE LICENSEE UNDERTAKES TO CREATE BACKUPS OF THEIR ENTIRE DATA AT REGULAR INTERVALS AND TO CHECK THESE – PARTICULARLY IN THE CASE OF IMPORTANT DATA – FOR ACCURACY.

RESTRICTIONS ON USE: THE SOFTWARE MAY NOT BE USED IN AREAS AND/OR ENVIRONMENTS AND/OR SITUATIONS WHERE PERSONAL INJURY AND/OR PROPERTY DAMAGE AND/OR FINANCIAL LOSS MAY BE CAUSED, DIRECTLY OR INDIRECTLY. THIS INCLUDES, BUT IS NOT LIMITED TO, NUCLEAR FACILITIES, MILITARY AND/OR DEFENSE FACILITIES, AEROSPACE FACILITIES, MEDICAL FACILITIES, PROCESS CONTROL SYSTEMS, AND/OR IN ROAD TRAFFIC. THE LIST ABOVE IS NON-EXHAUSTIVE.

ACCESSING INTERNET-BASED SERVICES AND STORING DATA ON THE COMPUTER OF THE END USER: THE SOFTWARE CONTAINS FUNCTIONS AND/OR REFERENCES WHICH USE FILES AND/OR INFORMATION PROVIDED BY THE MANUFACTURER ON THE INTERNET. THE LATEST PRIVACY STATEMENT CAN BE FOUND ON https://www.jmmgc.com/privacy.php. TO ENABLE THE FUNCTIONALITY OF THE SOFTWARE, DATA MAY IN SOME CASES BE STORED ON THE END USER'S COMPUTER, FOR EXAMPLE IN THE FORM OF TEMPORARY FILES.

Also applies to "Write-a-Document": TEXT MODULES AND DICTIONARY: THE SOFTWARE CONTAINS PREDEFINED TEXT MODULES FOR DIFFERENT PURPOSES AS WELL AS AN ENGLISH/GERMAN DICTIONARY. BOTH ARE PROVIDED WITHOUT GUARANTEE.

Also applies to "JMMG Online Premium": Save your file after each session. No cloud is used. Files are saved on your device, to the "Downloads" folder by default. Always check that it has been downloaded successfully. We strive to ensure high availability of the application. However, temporary outages can never be ruled out.

THE UNLOCK CODE: If the software can be converted into a full version using an unlock code, the following applies: The licensee is responsible for keeping the unlock code safe. The manufacturer is not obligated to resend the unlock code to the licensee and/or provide a replacement in the event of loss. The licensee must ensure that the unlock code is adequately protected against access by third parties. The unlock code may not be passed on to third parties (except when transferring the license to another person; see "USE OF THE SOFTWARE") and may not be published.

UPDATES: Updates may be provided for this software product (e. g. here: https://www.jmmgc.com/updates/). We strongly recommend that you install updates, unless this is already done automatically. The manufacturer is entitled at any time to adapt the functionality of the software within the scope permitted by law.

NON-ACCEPTANCE AND INFRINGEMENTS OF THIS LICENSE AGREEMENT: If the licensee does not accept the Software and/or this License Agreement, the licensee must uninstall the Software and destroy all backup copies. The right to use the software will expire. Should the Licensee breach any material provision of this License Agreement, the Manufacturer may, if necessary, terminate this License Agreement without notice.

GENERAL PROVISIONS: The licensee is not entitled to modify this license agreement. The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). This shall not affect the protection afforded by mandatory provisions of the law of the country in which the customer, who is a consumer, has their habitual residence.

For contracts with merchants, i.e., customers who operate a commercial business or are otherwise classified as merchants under the German Commercial Code (HGB), as well as with legal entities under public law, Bonn, Germany, shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

SEVERABILITY CLAUSE: Should any provision of this agreement be invalid, the validity of all remaining provisions shall remain unaffected. In place of an invalid provision, a legally permissible provision shall apply that most closely reflects the intent of the parties as expressed in the invalid provision.

CONTACTING THE MANUFACTURER: Internet: https://www.jmmgc.com; Software support: https://www.jmmgc.com/support/; E-mail: info@jmmgc.com