This license and usage agreement (henceforth agreement) is concluded between Dirk Steinmetz (henceforth provider) and particular customers (henceforth the customer). It governs the scope, terms and conditions of usage and other rights regarding GeneralSync applications, user documentation and other accompanying materials (henceforth software) granted free of charge by the provider to the customer. The provider's terms of service apply.
This agreement also applies to new versions of the software, as far as provided by the provider (e.g. patches, bug fixes, updates, upgrades).
This agreement applies exclusively. Conflicting or deviating terms and conditions of the customer are void unless the provider has explicitly and in written form agreed to said terms and conditions. This requirement of consent is effective in any case, e.g. even if the provider starts providing services in knowledge of the customer's terms and conditions without any reservation.
Individual agreements with the customer (including subsidiary agreements, supplements and changes) take precedence over this agreement and are limited to written form. Legal declarations or notices issued by the customer after a contract has been established (e.g. the setting of deadlines, warning notices, declaration of rescission, cancellation) require textual form.
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 provider grants the customer the non-exclusive and revocable right to download and use the software, limited in time by the term of this agreement.
If the customer is a natural person, the granted rights are limited to physical devices that are either under exclusive control of the customer or the customer's property. In other cases, the granted rights are limited to up to 5 licensed devices, unless the provider declared otherwise. A licensed device is defined as any combination of physical device and an instance of the software running on said device.
The customer receives a license key, which can be used to install the software and unlock online capabilities. The customer must keep said license key secret. If a third party should gain access to the license key, the customer is bound to notify the provider about that incident.
The software is licensed, not sold. 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 customer is not permitted to sell, rent, lend, lease or sublicense the software. Any transfer of the software or derivatives thereof to third parties is explicitly prohibited.
The license comprises all currently known and unknown type of uses, which are or will be required to attain the contracts purpose.
Any rights not explicitly granted by the provider according to this section are reserved to the provider. Personal rights are unaffected.
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.
Changes by the customer may be transferred 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 customer is not permitted to sell, rent, sublicense, lease, transfer, assign or surrender the rights granted by the provider, without explicit permission by the provider.
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 potions of the software by accepting these separate agreements, which are available for download besides the software.
This agreement starts upon the provider's provisioning of the software and ends upon uninstallation and complete removal of the software from any licensed device by the customer, or according to a license term initially agreed upon.
The provider reserves the right to terminate this agreement without notice. Upon termination, the customer is bound to cease usage of the software.
The provider reserves the right to suspend a license key, if there is reasonable ground for suspecting that said license key is used improperly or publicly known.
The license granted to the customer expires automatically if the customer violates the terms of the license or other parts of this agreement, notwithstanding any rights of the provider. In this case, the customer is bound to permanently delete license keys and any copy or partial copy of the software, and crease usage of the software and licensed online services.
The customer ensures to either have or gain the rights to use the software, other than the rights stated in this agreement and indemnify and hold harmless the provider against claims of any third party.
The customer explicitly states that the software will be used as-seen respectively as-is. The provider assumes no warranty for the availability of the software.
The liability for defects as to quality or title of data, software and documentation, in particular for their accuracy, completeness and/or usability and that there are free from any third party industrial and intellectual property rights – unless intent or fraudulent intent of the provider is proven – is excluded.
The provider assumes no liability for loses and risks of any kind, that arise from the use of the software, including damage to the computer system and/or any other device or for data loss of the costumer.
The provider assures no availability of the offered products and services. The server availability can be restricted for technical reasons (e.g. maintenance) or for other reasons not related to the provider. In events of this kind the provider assumes no liability.
The provider assumes no liability for malfunction or other damage, caused by any third party (for example Internet or hosting provider).
This agreement is subject to the laws of the Federal Republic of Germany.
If the customer is not a consumer, the exclusive place of jurisdiction and performance is the registered office of the provider, Freiburg im Breisgau, Germany.
There are no verbal side agreements. Any changes or amendments of this agreement require written form. This restriction also applies to the suspension of the requirement of written form.
In cases of collisions between this translation and the German version of this license agreement, the German version takes precedence.