Terms and conditions

End User License Agreement (EULA) for BETA Testers

DAS ELEMENT END-USER LICENSE AGREEMENT FOR THE DAS ELEMENT BETA TEST PROGRAMME

IMPORTANT: This das element End User License Agreement (“EULA”) is a legal agreement between you and das element for the software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (collectively, the “SOFTWARE”). PLEASE READ THIS EULA CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then do not install or use the SOFTWARE.

SOFTWARE LICENSE

1. DEFINITIONS

(a) “das element” means das element Jonas Kluger.
(b) “DAS ELEMENT BETA TEST PROGRAMME” means the testing process by external entities of any software developed by das element identified as Beta Test software.
(c) “END USER PRODUCT” means data created by the SOFTWARE and distributed to any third party.

2. LICENSE GRANTS

This EULA grants you the following limited, non-exclusive rights subject to the terms and conditions set forth in this EULA:

(a) Your license rights under this EULA are NON-EXCLUSIVE and NON-TRANSFERABLE.
(b) You may install and use the SOFTWARE on multiple computers located at your premises for the sole purpose of testing the SOFTWARE for the duration of the DAS ELEMENT BETA TEST PROGRAMME.

3. LICENSE RESTRICTIONS

(a) Other than as set forth in Section 2, you may not make or distribute copies of the SOFTWARE, or electronically transfer the SOFTWARE from one computer to another or over a network.
(b) All copyright notices and web links within any END USER PRODUCT must be retained “as is” and may not be removed or obscured in any way.
(c) You shall not use the SOFTWARE to develop any END USER PRODUCT having the same primary function as the SOFTWARE.
(d) You may not alter, merge, modify, adapt or translate the SOFTWARE, or decompile, reverse engineer, disassemble, or otherwise reduce the SOFTWARE to a human-perceivable form.
(e) You may not rent, lease, lend, sell, resell, or otherwise transfer whether for value or otherwise, the SOFTWARE to third parties without das element’S written approval and subject to written agreement by the recipient of the terms of this EULA.
(f) das element may terminate this EULA at any time, without notice. In such event, you must destroy all copies of the SOFTWARE and END USER PRODUCT.

4. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of das element. das element reserves all intellectual property rights, including copyrights, and trademark rights.

5. NO WARRANTIES

YOU ACCEPT THE SOFTWARE “AS IS,” AND DAS ELEMENT (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, das element (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

6. LIMITATION OF LIABILITY

THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL DAS ELEMENT (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF DAS ELEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, DAS ELEMENT’S (AND ITS THIRD PARTY SUPPLIERS’ AND LICENSORS’) ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.

7. DOCUMENTATION AND EXAMPLES

DAS ELEMENT BEARS NO LIABILITY FOR ANY TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, OR FOR DAMAGES RESULTING FROM USE OF THE INFORMATION IN ANY PROVIDED DOCUMENTATION AND/OR EXAMPLES.

8. SOFTWARE UPDATES

This license does not grant you any right to any updates to the SOFTWARE, or any support services. The SOFTWARE has built in functionality to automatically check for updates by transmitting data to the das element servers. You agree that das element may transfer such data over your network and the internet to das element servers, download updates and install them as part of the SOFTWARE.

9. ASSIGNMENT

The Licensee shall not assign or otherwise transfer all or part of the Software or this Licence without the prior written consent of the Licensor.

10. LAW

The parties hereby agree that the Licence concluded between them and constituted on these terms and conditions shall be construed in accordance with German Law.

Copyright © 2021 das element – Jonas Kluger. All rights reserved.




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