The use of the App is free.
1. Short Description of the App
The App is a software application to demonstrate the functionalities of a tax stamp authentication process via smartphones. The App verifies codes on a printed tax stamp sample and returns the result of the verification process back to the respective users of the App (hereinafter "Licensee").
2. Scope of the License
2.1 The Licensor grants the Licensee a non-exclusive, non-sublicensable, non-transferable right to use the App on a mobile device supported by the App and owned by the Licensee or otherwise lawfully in his possession to install and use the App for the sole purpose set out in Section 1.
2.2 The license granted by the Licensor is subject to any obstacles arising out of national or international foreign trade and customs requirements or any embargos and/ or other sanctions, set out in particular in Section 8.
2.3 This license agreement shall also apply to any updates or upgrades to the App, which are provided by the Licensor unless such update/upgrade is subject to a separate license agreement. By downloading of an update/upgrade the licensee accepts the validity of this license agreement for these updates/upgrades of the App. There is no obligation for the Licensor to develop or provide any updates/upgrades.
2.4 The Licensee shall not be entitled to make the App available for use by any third parties. In particular the Licensee shall not sell, rent out or lease the App to any third party. The Licensee shall not be entitled to analyze, to reassemble, edit, copy or change the App. Subject to a statutory license, the Licensee shall not be entitled to retranslate into other code forms ("decompiling") as well as use other ways of reversing the various manufacturing stages of the App ("reverse engineering").
2.5 Any breach or the attempted breach of the obligations of this Section 2 may be prosecuted and may be subject to claims for damages.
2.8 This license shall not affect any third party rights. The Licensee shall not be entitled to remove, modify or obliterate any ownership and copyright notices, serial numbers, version numbers or trademarks.
2.9 The license agreement does not require the Licensor to create or maintain any services that run outside the App. In particular, the Licensor is not obligated to provide or maintain any services (e.g. software, storage space or database) in the IT infrastructure of the Licensor or any third party even if such IT infrastructure is necessary for the full-featured use of the App.
2.10 Trademarks, brand names and other contents may not be modified, copied, reproduced, sold, rented, used, supplemented or otherwise exploited without the prior written consent of the Licensor.
3. Technical Requirements
3.1. The App is designed for use on mobile devices with the Android operating system (version 2.3 or later) and Apple’s iOS (iOS 8.0 or later). The specific requirements for hardware and operating system are set out in the description in the respective App Store (Google Play Store or Apple App Store). The installation and use of the App on other devices than those specified herein shall be at the sole risk and responsibility of the Licensee. Licensee acknowledges that the Licensor is not responsible for the performance and continued operation of the App in case of modifications of the mobile device or other software installed on the mobile device. Licensor shall not be liable if Licensee installs the App on a device with a different version of the respective operating system. The use of a current version of the respective operating system is recommended.
3.2 Licensee is solely responsible for checking and ensuring the suitability of the mobile device he intends to use for the App in view of the aforementioned technical requirements.
4. Updates and releases for other mobile devices
4.1 The Licensor will strive to make updates and releases for mobile devices available that are not yet supported by the App and which are relevant in Licensor’s view. However, the choice if and for which device models new releases will be provided shall be at Licensor’s sole discretion.
4.2 Updates or releases for other mobile devices available are offered for download in the Google Play Store or the Apple App Store.
5. Obligations of Licensee
5.1 Before the installation of the App, Licensee is obliged to check whether such installation could lead to a conflict with software already installed. Licensee is solely responsible for securing its data prior to installation and during use of the App and to create a backup of all its data.
5.2 Licensee shall
- ensure the compliance with the license agreement as of section 2;
- obtain the required consent of the relevant party, insofar as Licensee collects, processes or uses personal data of such party in the course of using the Purchased Software if no statutory license applies;
- ensure that (e.g. for the use of text and data of third parties) all intellectual property rights, copyrights and other rights of third parties are respected.
- not misuse or allow the misuse of the App, e.g. not offer or transmit information with unlawful or immoral content or refer to such information which encourage crime or glorify or trivialize violence, which is sexually offensive or pornographic, or which is suitable to seriously endanger the moral and/ or welfare of children and teenagers or which can damage Licensor’s reputation.
- refrain from any attempt by itself or by an unauthorized third party to unauthorized retrieve information or data or intervene in programs that are operated by Licensor or to intervene or invade Licensor’s data networks.
- not use the possible exchange of electronic messages for the unsolicited sending of messages or information to third parties for advertising purposes (“spamming”).
- check data and information prior to transmission for viruses and use state-of-the-art anti-virus software;
6.1 Licensor may at any time suspend or discontinue the provision of the App and/or the services necessary for the performance of the App in whole or in part. Due to the nature of the internet and computer systems, the Licensor does not warrant the continuous availability of the App. Since the App is provided free of charge, any liability for material and legal defects of the App, particularly for the accuracy, correctness, non-infringement of third party rights, completeness and/or usability - except in the case of intent or fraudulent concealment of a material and/or legal defect of the App shall be excluded.
Licensor shall endeavor to keep the App free of viruses, Trojans, spyware or other malware, but cannot give an unrestricted warranty for that matter. Before downloading the App, the Licensee shall, for his own protection and to prevent viruses and other malicious software on the App use appropriate security measures and virus scanners.
6.2 In no case Licensor shall be liable for defects after the change of operating conditions (hardware/software environment), after installation and operating mistakes as far as these are not due to a faulty user manual, after interferences with the App, such as changes, adjustments and/or connections with other software or in case of defects which occurred after a non-contractual use, unless the Licensee can prove that the defect already existed at the time of acceptance or that there is no causal connection between Licensee’s use and the defect. Liability under the provisions of the Product Liability Act remains unaffected.
Licensor is liable in cases of willful misconduct, bodily injury and in case of liability under the Product Liability Act. In all other cases, liability of the Licensor is excluded.
8. Export Controls
Licensee acknowledges and confirms that he is not a resident or is situated in a country, which is subject to an embargo of the Federal Republic of Germany, the European Union, the United Nations or the US government, or which the Federal Republic of Germany, the European Union, the United Nations or the US government have been classified as a "terrorism-supporting country” or which is on a list of the Federal Republic of Germany, the European Union, the United Nations or the US government regarding export bans or restrictions. The Licensee must always comply with all applicable national and international (re-) export control law. The Licensee shall indemnify the Licensor against any and all claims by public authorities or other third parties due to the non-observance of the above legal obligations with regards to export controls in full and undertakes to reimburse all costs, damages and expenses incurred by Licensor in this context, unless the Licensee is not responsible for the breach of duty. This shall not imply a change in the burden of proof to the detriment of the Licensee.
9. Data Privacy
The information on data privacy relevant transactions in connection with the use of the App by the Licensee is provided in the Privacy Notice of this App.
10. Term and Termination
This license agreement shall be valid as long as it is not terminated by either Licensor or Licensee. It can be terminated by the Licensee at any time by uninstalling the App from its mobile device.
If the Licensee does not meet the license agreement, the license rights as of Section 2 shall cease automatically and without further notice by the Licensor. The right for either party to terminate the license agreement without notice on exceptional reasons (termination for cause) remains unaffected. Such exceptional reasons shall be considered as, but not limited, to a breach by the Licensee of the obligations in Section 5. In case of a termination for cause, the Licensee shall immediately cease the use of the App and delete the App completely and confirm such deletion to the Licensor in writing.
13. Applicable Law; Jurisdiction
German substantive law shall apply exclusively. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall be excluded.
The exclusive place of jurisdiction shall be Nuremberg, Germany.