EULA

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

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

ATTENTION: 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 called "manufacturer" – grants the licensee (end user) neither an exclusive nor a transferable license to use the software. The licensee is entitled to use the software according to the terms of this contract. The manufacturer is the exclusive owner of the software.

USE OF THE SOFTWARE: The licensee may use and/or execute the software on one computer at the same time. The licensee is responsible for creating a backup of the software product. The manufacturer is not obliged to re-deliver the software and/or replace the software in the event of a loss. However, the licensee may not create unauthorised copies of the software and/or distribute the software without permission and/or reverse engineer ( "decompile") the software and/or modify the software. The licensee may transfer the license to another person. Subsequently, he is no longer entitled to use the software himself and, if applicable, has to erase all backup copies and uninstall the software from his computer. The software is the property of the manufacturer and may not be distributed and/or made accessible to third parties without prior written permission. These include, but are not limited to, distribution on the Internet, BBS services, terminal services, CD-ROM, DVD-ROM, floppy disks, and/or other storage media. The above mentioned list is not exhaustive.

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

DISCLAIMER: THE SOFTWARE HAS BEEN TESTED AND MAY BE USED AND/OR EXECUTED IN A MAJORITY OF DESIGNATED COMPUTER SYSTEMS. THE MANUFACTURER MAKES NO WARRANTY FOR THE SUITABILITY OF THE SOFTWARE ON ALL COMPUTER SYSTEMS AND/OR WITH RESPECT TO THE INTENDED USE OF THE LICENSEE. IF THE SOFTWARE IS INADEQUATELY, THE MANUFACTURER SHALL NOT BE LIABLE OR HAVE TO DELIVER AN IMPROVED VERSION OF THE SOFTWARE, AS PERMITTED BY LAW. THE SOFTWARE IS TRIED TO BE AS ERROR-FREE, AS IS POSSIBLE. HOWEVER, UNDER THE HIGH COMPLEXITY OF THE SOFTWARE, SPORADIC ERRORS ( "BUGS") MAY NOT BE EXCLUDED; THE MANUFACTURER (JOCHEN MOSCHKO) AND ITS EMPLOYEES – SO FAR AS PERMISSIBLE BY LAW – ARE NOT LIABLE FOR DAMAGES ARISING FROM THE SOFTWARE OR THEIR USE, INCLUDING WITHOUT LIMITATION: DATA LOSS, INCIDENTAL DAMAGES AND PROPERTY DAMAGES. THE EXCLUSION OF LIABILITY SHALL BE EXTENDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE SOFTWARE PRICE, SO FAR AS PERMISSIBLE BY LAW. THE LICENSEE MUST CREATE BACKUPS OF HIS ENTIRE DATA STOCK AND – PARTICULARLY ON IMPORTANT DATA – CHECK THEM AFTERWARDS FOR THEIR CORRECTNESS. WHEN WORKING WITH THE COMPUTER, IT SHOULD BE LOOKED AFTER THAT THE WORKPLACE IS SET UP ERGONOMICALLY AND SUFFICIENT PAUSES ARE TAKEN.

LIMITATION OF USE: THE SOFTWARE MUST NOT BE USED IN ANY AREAS AND/OR ENVIRONMENTS AND/OR SITUATIONS WHERE PERSONAL INJURIES AND/OR PROPERTY DAMAGES AND/OR PECUNIARY LOSSES, DIRECTLY OR INDIRECTLY, CAN BE CAUSED. THIS INCLUDES NUCLEAR FACILITIES, MILITARY AND/OR TECHNOLOGICAL FACILITIES, AVIATION AND/OR SPACE FLIGHT, MEDICAL FACILITIES, MOTOR VEHICLES AND PROCESS CONTROLLING SYSTEMS. THE ABOVE MENTIONED LIST IS NOT EXHAUSTIVE.

ACCESSING INTERNET-BASED SERVICES AND STORING DATA ON THE COMPUTER OF THE END USER: THE SOFTWARE CONTAINS FUNCTIONS AND/OR REFERENCES WHICH USES 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 GUARANTEE THE FUNCTIONALITY OF THE SOFTWARE AND CERTAIN FUNCTIONS OF THE SOFTWARE, IN SOME CASES DATA ARE STORED ON THE COMPUTER OF THE END USER, 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.

LICENSE KEY: If the software can be converted into a full version by means of a license key, the following applies to the license key: The licensee is responsible for keeping the license key secure. The manufacturer is not obliged to re-deliver the license key to the licensee in the event of a loss and/or to make replacement, in whatever form. The licensee must ensure that the license key is protected as securely as possible from access by third parties. The license key may not be passed on to third parties (except when transferring the license to another person, see "USE OF THE SOFTWARE") and must not be published.

FREE UPDATES: Free 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 at all times entitled to adapt the functional scope of the software – this in particular also includes the removal of functions.

WARRANTY: The manufacturer grants the licensee the right to return the software for a period of 21 days, if legally permissible, insofar as the essential quality and/or reliability of the software is not met and a free update is not released within an appropriate time. Any claims for damages from this are excluded – to the extent permitted by law. If claims for damages can not be excluded by law, these are limited to the amount of the purchase price of the software.

NON-ACCEPTANCE AND INFRINGEMENTS OF THIS LICENSE AGREEMENT: If the licensee does not accept the software and/or license agreement, he shall uninstall the software and erase all backup copies thereof. The right to use the software expires immediately. If the licensee violates any provision of this license agreement, the manufacturer may terminate this license agreement without previous notice. After the termination of the license agreement, the licensee is no longer entitled to use the software. The manufacturer reserves the right to charge a contractual penalty of up to EUR 2,580.- in case of a commercial infringement of these provisions.

GENERAL PROVISIONS: The licensee is not authorised to modify this license agreement. Side-agreements require the written form. If the software contains warnings, the licensee recognises them. The place of jurisdiction – as permitted by law – is, Bonn, Federal Republic of Germany.

SEVERABILITY CLAUSE: If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby in any way.

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