This license and usage agreement (henceforth agreement) describes the scope, terms and conditions of usage and other rights regarding GeneralSync applications, user documentation and other accompanying materials (henceforth the software) granted to customers (henceforth the customer) that purchased a license to use the software from an authorized party (henceforth the seller).
As part of this agreement, the customer may also gain rights to use services provided by Dirk Steinmetz (henceforth the provider), for example to download the software or to receive updates. The details are handled in section 5 of this agreement.
This agreement also applies to new versions of the software, as far as provided by the provider (e.g. patches, bug fixes, updates, upgrades).
The customer is hereby advised that installing the latest updates, as well as following the documentation and a good backup strategy (creation and secure storage of regularly created backup copies of all data) is highly recommended and failure to do so may cause security issues and severe malfunctions (e.g. total loss of data).
This agreement is conclusive regarding all obligations of the provider towards the customer. The provider neither gives a guarantee for the correctness or any usability of the software, nor for the availability of any services. The seller is not authorized to make any additional promises or commitments on the provider's behalf. Conflicting or deviating terms or conditions causing any obligation to the provider are not recognized by the provider, unless the provider has explicitly accepted the same.
The provider may alter this agreement with the consent of the customer, as long as changes are appropriate for the customer while taking the interests of the provider into account. The customer's consent is considered granted if the customer does not object within one month after receiving notice of said changes. The provider is obliged to notify the customer of the consequences of omitting objection.
Grant of license:
As part of this agreement, the customer is granted the non-exclusive and revocable right to download and use the software, limited in time according to the terms specified by the seller.
The granted license is limited to an amount of licensed devices. A licensed device is defined as any combination of physical device and an instance of the software running on said device.
Instead of each licensed device, the customer may select a single natural person (licensed person). An arbitrary amount of instances of the software may then be used on all physical devices used exclusively by such licensed persons, provided that the use of the software is in the customer's interest or serves exclusively private, noncommercial purposes of those licensed persons.
Within these limits, the customer may exercise their right to use the software through third parties (henceforth users), as long as those users also agree to this agreement. If users violate this agreement, the customer and the violating users are jointly liable for the violation.
The software is licensed subject to the provisions hereof, not transferred. The software remains property of the provider. The provider reserves all right to reproduce the software, full or in part, including but not limited to any related documentation, logo, trade mark or interface.
The license comprises all currently known and unknown type of uses, which are or will be required to attain the contractual purpose.
Any rights not explicitly granted to the customer according to this section are reserved to the provider. Personal rights are unaffected.
The customer receives one or multiple license keys, which can be used to install the software and unlock online capabilities. The customer must keep said license keys secret. If any party other than the customer, the users, the seller and the provider should gain access to a license key, the customer is bound to immediately notify the provider about that incident.
The customer must continue to keep license keys secret until the provider revoked them, even if that revocation occurs after this agreement terminated.
The provider reserves the right to suspend a license key immediately, if there is reasonable ground for suspecting that said license key is used improperly or publicly known.
The license comes into effect when the customer has fulfilled his payment obligations according to the contract with the seller. The provider may admit of the customer's use of the software and related services before this date. Such temporary admissions do not cause any transfer of rights according to the terms of this agreement.
The customer may create derivative works of, adapt or translate those parts of the software not declared third-party- or open source software according to section 4. The customer must not sell, sublicense or otherwise transfer such changes to third parties.
The customer may, however, transfer their changes to the provider. Upon such transfer, the customer grants any rights of use regarding the transferred changes to the provider, free of charge and without restrictions. The license granted to the provider is not limited in scope or time and will persist even after this agreement is terminated. The provider is not obligated to use such changes in any way.
The customer is not permitted to sell, rent, sublicense, lease, transfer, assign or surrender the rights granted by this agreement, without explicit permission by the provider. Any transfer of the software or derivatives thereof to third parties is explicitly prohibited.
The customer explicitly acknowledges that removal, obfuscation or change of proprietary notices contained within or distributed with the software is not permitted. The same also holds true for notices of copyright and trademarks.
The software may contain third-party and or open source software, whose use is governed by separate license agreements. The customer may gain additional rights regarding these portions of the software by accepting these separate agreements, which are available for download besides the software.
Using the provided license keys or the software, the customer and users may access various services provided by the provider, for example to download the software and updates. The use of some of these services may be mandatory to use some or all features of the software (e.g. license validation).
The provider may add, remove or alter services accessible to the customer and/or users at any time, without notice. The provider may also freely add, remove or change features available in later versions of the software whenever an update is released.
If the customer also has an account on the provider's website, the customer may be required to log in before accessing certain services. Having an account may also unlock more features, e.g. directly downloading the software without entering any license key. The customer's account itself is, however, independent of this agreement.
The license based on this agreement starts and ends according to the terms specified between the seller and the customer.
Once the license ends, the customer loses any rights granted to them through this agreement. The customer and all users must then cease usage of the software and licensed services. If the customer or any user should still have copies or partial copies of the software when the agreement ends, they are required to immediately destroy those copies.
The license granted to the customer expires automatically if the customer or one of the users violates the terms of this agreement or other parts of the contract, notwithstanding any rights of the provider.
The entire business relationship between the provider and the customer is governed by the laws of the Federal Republic of Germany to the exclustion of the UN Sales Law. Insofar as the customer is a consumer with habitual residence within the European Union, mandatory statutory provisions on the restriction of the choice of law and on consumer protection of the relevant EU Member State in which the customer habitually resides, remain unaffected.
Insofar as the customer is a merchant, a legal entity under public law or a public law special fund, or has no general place of jurisdiction in Germany and, as a consumer, also no habitual residence within the EU, the place of performace for all obligations arising from or based on this agreement as well as the place of jurisdiction for any dispute shall be the seat of provider, Freiburg im Breisgau, Germany. The provider is in addition entitled to sue the customer at the customer’s general place of jurisdiction.