License and Terms of Use
§ 1 Scope
(1)
The following license and terms of use (“Terms of Use”) apply to the use of the Track of the day software, including the user documentation and all other accompanying material (hereinafter referred to as “software”), which is provided by Dipl.-Ing. Ansgar Hillebrand (hereinafter referred to as “manufacturer”) is developed and distributed. By purchasing the software and acquiring licenses, the licensee (hereinafter referred to as “user”) undertakes to strictly comply with the terms of use towards the manufacturer.
(2)
The software is provided to the user by the manufacturer exclusively on the basis of these license and terms of use. The customer’s contractual conditions do not apply, even if such conditions are not expressly contradicted by the manufacturer.
§ 2 Scope of services
(1)
The software purchased by the user is made available to the user for download on the manufacturer’s website. The user can then install the software on their system themselves according to the documentation provided by the manufacturer. The manufacturer does not install the software on the user’s system. If installation by the manufacturer is desired, this must be expressly agreed separately.
(2)
It is the user’s own responsibility to ensure that the system requirements specified by the manufacturer for using the software are met. This is not checked by the manufacturer.
(3)
The Track of the day application is distributed via the Microsoft Windows Store and can be installed and updated via the Windows Store app. Only updates published via the Windows Store are available to the user. All updates are provided exclusively by the manufacturer. If the manufacturer provides updates and/or upgrades after installing the software, these license and terms of use also apply in full. The user has no further claims that go beyond the scope of the software supplied.
(4)
Purchasing a license does not give you a right to technical customer service. If the user requests technical support or customer service of any kind, it is the manufacturer’s responsibility to decide whether support can be provided and, if so, to what extent this can be done.
§ 3 Copyright and rights of use
(1)
The software supplied by the manufacturer is protected by copyright and international agreements for the protection of intellectual property. All rights to the software and other data provided as part of the initiation and implementation of the contract belong exclusively to the manufacturer and its respective licensors.
(2)
The manufacturer grants the user a non-exclusive, unlimited right to use the software delivered in object code to the extent agreed or – if there is no specific agreement – as corresponds to the purpose of the contract.
(3)
Purchasing a valid software license entitles the user to install and use the software on a non-commercial computer system. The number of parallel installations is carried out in compliance with the specifications of the Microsoft Windows Store system; the terms of use of the Microsoft Windows Store apply. A separate company license is required for commercial use of the software. This means that the software can be used by all of the user’s employees or a licensee’s external service providers. Valid Pro licenses can be used on a maximum of 10 private computers within the same household during the period of use. These conditions also apply to the Track of the day application.
(4)
The user is not permitted, with the exception of archiving purposes, to copy the software or parts of the software, to grant sublicenses, to rent, lend or lease the software. The user is also prohibited from passing on access codes, passwords and license keys for the software or its use to third parties or making them accessible to third parties.
(5)
The user is not permitted to rework or change the software in any way, in whole or in part, or to create derivative works from the software that are based in whole or in part on the software. The user is also prohibited from reverse engineering or translating the software or removing program parts from the software. The user is not entitled – with the exception of the legal exceptions in Sections 69 b) and 69 e) UrhG – to decompile or disassemble the software, to reverse engineer it or to otherwise attempt to derive the source code. If the user is permitted by mandatory legal regulations to carry out reverse engineering or decompiling in order to achieve full functionality or interoperability with other software programs, the user is obliged to inform the manufacturer of the nature and scope of the intended actions before carrying out any such measures inform. Furthermore, decompiling is only permitted if the user can demonstrate a legitimate, legitimate interest in carrying out the action.
(6)
If the user violates the aforementioned provisions, the manufacturer cannot guarantee the correctness of the software.
(7)
The user is also not permitted to change or remove copyright notices, serial numbers, version numbers, trademarks or other identifying features of the software. This also applies to suppressing the on-screen display of these features.
(8th)
The rights and obligations stated in this paragraph apply to the license keys and user documentation as well as to the software.
(9)
The manufacturer can revoke the usage rights granted to the user if there is an important reason for this. If this case occurs, the user is obliged to return the original software as well as any existing copies and to delete stored programs. If requested by the manufacturer, the user is obliged to provide written assurance of the release and deletion.
(1o)
For testing purposes, the user can obtain a free Pro license with a term of 30 days from the Track of the day shop. The manufacturer does not provide any product support for this trial license.
(11)
As part of the test license provided free of charge, the manufacturer assumes no warranty for the functionality of the computer program or software.
§ 4 Rental and distribution
(1)
Any rental of the software, in particular rental via “Application Service Providing (ASP)” or “Software asa Service (SaaS)”, is not permitted unless a corresponding written agreement has been made between the user and the manufacturer.
(2)
Any distribution of the software requires the written consent of the manufacturer. The manufacturer will grant the corresponding consent provided that the user submits a written declaration from the new or additional user in which the latter undertakes to the manufacturer to comply with the conditions of use and transfer regulated in these terms of use and the previous user assures the manufacturer in writing that he has passed on all copies of the software to the new user and deleted the copies he had. The manufacturer is entitled to refuse consent if the use of the software by the new user contradicts the legitimate interests of the manufacturer.
(3)
In the event of any transfer of the software, the user is obliged to inform the manufacturer immediately and to provide the manufacturer with the full name and full legal address of the new user.
§ 5 Warranty
(1)
The manufacturer provides the user with the software free from material and legal defects. The manufacturer does not guarantee that the software is protected from attacks by system threats of any kind (computer viruses). The obligation to appropriately secure the infrastructure in which the software is to be used falls on the user.
(2)
The manufacturer assumes no liability for malfunctions of the software that are due to the interaction of the software with products installed on the target system and configurations made on the target system. If the software is used to create routes, the terms of use of Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA also apply. The manufacturer assumes no warranty for calculated routes, in particular whether a route is passable or not. The responsibility for the use of all planning results or other media created with the software lies entirely with the user.
(3)
The manufacturer further assumes no warranty or liability in the event that the software negatively influences other products and applications of the target system or the target system if this is due to errors in the configuration of the target system or other products and applications installed on the target system.
§ 6 Liability
(1)
The manufacturer is not liable for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations or guarantees or cause damage resulting from injury to life, body or health or claims under the Product Liability Act.
(2)
If the manufacturer is also liable for slight negligence, the amount of liability is limited to contract-typical, foreseeable damages.
(3)
To the extent that the manufacturer’s liability is excluded or limited, this also applies to the liability of the provider’s legal representatives, employees and vicarious agents.
(4)
In the event of data loss, the manufacturer is only liable for the damage that would have occurred if the user had properly backed up the data.
§ 7 Severability clause
If a provision of this usage and license agreement is or becomes invalid or the conditions are incomplete, the effect of the rest of the conditions will not be affected. The contracting parties undertake to replace the invalid provision with a provision that comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to contractual gaps.
§ 8 Applicable law
The law of the Federal Republic of Germany applies to these terms of use and the associated legal relationships between the manufacturer and the user. The UN Convention on the International Sale of Goods (CISG) does not apply.
§ 9 Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes between the parties is Bonn. However, the manufacturer remains free to use the user’s general place of jurisdiction to file a lawsuit or initiate other legal proceedings.
§ 10 Written form
Changes and additions to these terms of use must be made in writing. This also applies to a change or cancellation of this written form requirement itself. Using email or other electronic means of communication does not comply with the written form requirement.
§ 11 Assignment
The user’s assignment of rights arising from the contractual relationship with the manufacturer is only permitted with the manufacturer’s prior consent.
§ 12 Contract language
If these terms of use are translated into other languages, only the German version is valid.
