YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY Andreas Lachner, TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
LICENSE: Andreas Lachner grants you a personal, limited, non-exclusive license to use the accompanying software program(s) (the "Software") subject to the terms and restrictions set forth in
this License Agreement. You are not permitted to lease or rent (except under separate mutually agreeable terms set forth in writing), distribute or sublicense the Software or to use the Software in a time-sharing arrangement or in any other unauthorized manner. Further, no license is granted to you in the human readable code of the Software (source code). Except as provided below, this License Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Software.
The Software is licensed to be used on any computing device. You may reproduce and provide one (1) copy of such Software for each computing device on which such Software is used as permitted hereunder. Otherwise, the Software and supporting documentation may be copied only as essential for backup or archive purposes in support of your use of the Software as permitted hereunder. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software on any copies that you make.
NO ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the Software and this License Agreement to another party if the other party agrees in writing to accept the terms and conditions of this License Agreement. If you transfer the Software, you must at the same time either transfer all copies of the Software as well as the supporting documentation to the same party or destroy any such materials not transferred. Except as set forth above, you may not transfer or assign the Software or your rights under this License Agreement. Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited. Analyzing the input to and output from the Software is expressly prohibited except when this is done solely to evaluate the subjective quality of the Software's visual and audio processes. You may not otherwise modify, alter, adapt, port, or merge the Software except as specified in this License Agreement.
EXPORT RESTRICTIONS: You agree that you will not export or re-export the Software or accompanying documentation (or any copies thereof) or any products utilizing the Software or such documentation in violation of any applicable laws or regulations of the United States or the country in which you obtained them.
TRADE SECRETS; TITLE: You acknowledge and agree that the structure, sequence and organization of the Software are the valuable trade secrets of Andreas Lachner and its suppliers. You agree to hold such trade secrets in confidence. You further acknowledge and agree that ownership of, and title to, the Software and all subsequent copies thereof regardless of the form or media are held by Andreas Lachner and its suppliers.
TRADEMARKS AND COPYRIGHTS: Mobile Golf Scorer™ is a trademark of Andreas Lachner You may not remove, alter, deface, overprint, or otherwise obscure any Andreas Lachner trademark, service mark, or copyright notices included with this Software.
NO COMMERCIAL USE: This License Agreement grants you the right to use the Software for personal use only. Commercial use of the Software or of the work products resulting from its use is not permitted under this License Agreement. Such use may be permitted under another license, which must be separately agreed to by you and Andreas Lachner
INTELLECTUAL PROPERTY: All intellectual property rights in and to this Software are and shall remain in Andreas Lachner
TERM AND TERMINATION: This License Agreement is effective until terminated. You may terminate it at any time by destroying the Software and documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term or condition of this License Agreement. Upon such termination you agree to destroy the Software and documentation, together with all copies and merged portions in any form.
GOVERNING LAW: This License Agreement shall be governed by the laws of
Germany, excluding their conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License Agreement.
INDEMNIFICATION: By submitting Data in any form to Andreas Lachner, the customer represents and warrants with respect to any and all data delivered to Andreas Lachner that Customer has obtained all rights and permissions required to be obtained to have any and all data supplied by Customer to Andreas Lachner offered to the public for download without infringing any trademark, copyright, contract, property rights and to
have followed the Copyright Law of the United States of America and any other applicable statues or comparable law of any other jurisdiction regulating the rights and use of any and all data supplied.
PAYMENT: Credit Card Purchases are
welcome for the original card holder only. All credit card purchases are
subject to following conditions: You certify that you are the legitimate
cardholder. All eventually effected refunds are to be made back to the
credit card used for the purchase in the form of a credit initiated by
Andreas Lachner. No payment by check or cash is allowed according to
Credit Card regulations. In case you have doubts about what Andreas
Lachner charged to your Credit Card, you will contact Andreas Lachner
first to settle any dispute. You agree not to initiate any charge-back.
If you charge back a credit card charge that you used for a purchase,
you agree that Andreas Lachner will recover the amount of the
charge-back by re-charging your credit card for the amount charged back.
You agree that you will not contact your bank for a physical copy of a
credit card slip as you understand those do not exist in eCommerce. You
agree that Andreas Lachner will charge an administrative fee of Euro 30
to you to recover the costs the Credit Card Clearance company bills to
Andreas Lachner associated with each of the cases above.
PRIVACY: Your privacy is important to
us. Our web sites have features that automatically collect information from users, to deliver content specific to users' interests and to honor their preferences. This information assists us in creating sites that will serve the needs of our users. For our internal purposes, we gather date, time, browser type, navigation history and IP address of all visitors to our site. This information does not contain anything that can identify users personally. We use this information for our internal security audit log, trend analysis and system administration, and to gather broad demographic information about our user base for aggregate use.
When installing the Software, the software connects from time
to time electronically to us and sends your licensing information and
version you are running in order for us to provide you with an automatic
update service, of which you can opt out any time. All data collected is
strictly confidential and will not be disclosed to any 3rd party.
LIMITED WARRANTY; LIMITATION OF LIABILITY: EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN Andreas Lachner AND YOU, THE SOFTWARE IS NOW PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Andreas Lachner MAKES NO WARRANTY THAT (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE SOFTWARE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, AND/OR (vi) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS THE SOFTWARE WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF TEXAS LAW IS NOT HELD TO APPLY TO THIS AGREEMENT FOR ANY REASON, THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCH WARRANTY, GUARANTEE,
REPRESENTATION AND/OR WARRANTY IS: (1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM THE DATE OF OPENING THE PACKAGE CONTAINING THE SOFTWARE OR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE; AND (2) THE SOLE LIABILITY OF Andreas Lachner FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE SOFTWARE.
IN NO EVENT SHALL Andreas Lachner OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT Andreas Lachner HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted
ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding and agreement between you and Andreas Lachner, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties.