END USER LICENSE AGREEMENT for payment service and administration portal
IMPORTANT - PLEASE READ CAREFULLY: This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a legal entity) and Teamdb/K+K for the software accompanying this EULA, which includes computer software and any associated media, printed materials, documentation in "online" or electronic format, and Internet-based services ("Software"). The Software may be accompanied by a supplemental agreement or addendum to this EULA. BY INSTALLING, COPYING, OR USING THE SERVICE OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR USE THE SOFTWARE.
1. GRANT OF LICENSE. Teamdb/K+K grants you the following rights, provided you comply with all terms of this EULA:
1.1 Teamdb/K+K grants you a personal, non-exclusive, license/service to use the Software. You are authorized to install and use the software/service on a specific key depot.
2.DESCRIPTION OF OTHER RIGHTS AND RESTRICTIONS
2.1 If you decide to use the Teamdb/K+K payment service, you agree to use the service exclusively in connection with the key depot for your own purposes; further distribution or disclosure to third parties is not permitted. Teamdb/K+K I reserve all rights. Access to or disclosure to third parties is also excluded for copyright reasons.
2.2 If you use the Service, the following also applies: Your license rights to the Payment Service are conditioned by:
(i) you may not incorporate or combine the Service with any third party edit, and
(ii) You may not distribute the Identified Software. “Identified Software” means software or service that is licensed pursuant to Regulations.
(iii) grant or purport to grant any right or indemnity to any third party with respect to Teamdb/K+K intellectual property or proprietary rights. Identified Software includes (but is not limited to) any software that requires, as a condition of its use, modification, and/or distribution, that any other software incorporated in it be derived from, or distributed with, also (a) disclosed or distributed in source code form, (b) licensed for the purpose of making derivative works, or (c) redistributable at no cost.
3. RESERVATION OF RIGHTS AND TITLE. Teamdb/K+K reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright laws and other intellectual property laws and treaties. Teamdb/K+K or its suppliers own title, copyright and other intellectual property rights in the Software. The Software is licensed or provided as a service, not sold.
4. RESTRICTIONS REGARDING REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLING. You may not reverse engineer, decompile, or disassemble the Software unless (and only to the extent) applicable law expressly permits it, notwithstanding this limitation.
5. SUPPORT SERVICES. support may optionally be provided for the Software/Service. It is not part of the service contract.
6. LINKS TO THIRD PARTY SITES. You may be able to access linked third-party sites through the use of the Software. The Third Party Sites are not under the control of Teamdb/K+K, and Teamdb/K+K is not responsible for the content of any Third Party Sites, any links contained in any Third Party Sites, or any changes or updates to any Third Party Sites responsible. Teamdb/K+K is not responsible for webcasting or any other form of transmission that you may receive from third party sites. Teamdb/K+K is providing these links to third party sites only as a convenience to you. No endorsement of the respective third-party site by Teamdb/K+K can be derived from this.
7. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components or internet-based service components of the Software that Teamdb/K+K may provide or make available to you after you have received your original copy of the Software, unless we assemble them different terms become available with the update, supplement, add-on component or internet-based services component. Teamdb/K+K reserves the right to discontinue any Internet-based services provided to you or made available through use of the Software.
8.SOFTWARE TRANSFER. The first user of the Software may transfer this EULA and the Software to another end user once and permanently provided the first user retains no copies of the Software. This transfer may not take place as an indirect transfer, for example as a commission. Prior to the transfer, the end user receiving the software must agree to all the terms of the EULA.
9.TERMINATION. Without prejudice to any other rights, Teamdb/K+K is entitled to terminate this EULA if you breach the terms of this EULA. In such event, you must destroy all copies of the Software and all of its components.
10. DISCLAIMER OF WARRANTIES. To the fullest extent permitted by applicable law, Teamdb/K+K and its suppliers make the Software and support services available to you as is and without warranty of error. Teamdb/K+K and its suppliers also hereby disclaim all other warranties and guarantees, whether express, implied or statutory, including but not limited to (if any) any implied warranty, duty or guarantee of merchantability, fitness for a particular purpose , reliability or availability, accuracy or completeness of responses, results, workmanlike efforts, virus-freeness and diligence - all relating to the Software and any support or other services provided or not provided or any information, Software and related information provided or not provided through the Software Content - or any other warranties, obligations or guarantees arising out of the use of the software. Also, any warranty or guarantee of title, interference in use, possession, conformance with description, or non-infringement of third party rights with respect to the Software is disclaimed.
11. EXCLUSION OF CONSEQUENTIAL, INCIDENTAL AND CERTAIN OTHER DAMAGES. To the fullest extent permitted by applicable law, in no event shall Teamdb/K+K or its suppliers be liable for any special, incidental, indirect, consequential or punitive damages of any kind (including but not limited to damages for lost profits, loss confidential or other information, business interruption, personal injury, loss of privacy, breach of duty (including any duty of good faith or duty of care), negligence, or other pecuniary or otherwise) arising out of the use of or failure to use the Product may be obtained, or from any support or other services provided or not provided, or from any information, software and related content provided or not provided through the Product, or otherwise from the use of the Product or otherwise arising out of or in connection with any Besti breach of this EULA in any way whatsoever, even in the event of fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of any warranty by Teamdb/K+K or its suppliers, and itself if Teamdb/K+K or their suppliers have been advised of the possibility of such damages.
12. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages you may suffer howsoever caused (including without limitation any damages referred to above and any direct or general damages in contract or otherwise), the entire liability of Teamdb/K+K and its suppliers shall be under all provisions of this Supplemental EULA, and your exclusive remedy for all of the foregoing is limited to actual damages you suffer having reasonable reliance on the Software, up to the amount actually paid by you for the Software or €500.00, whichever is the case amount is higher. The foregoing limitations and exclusions apply to the maximum extent permitted by applicable law, even if a claim fails of its essential purpose.
13. APPLICABLE LAW. If you acquired this software in the European Union, Iceland, Norway or Switzerland, local law applies. If you acquired this software in another country, local law may apply.
The place of jurisdiction is Hanover in any case. (seat of the provider)
16.ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or supplemental agreement to this EULA that accompanies the Software) constitutes the entire agreement between you and Teamdb/K+K with respect to the Software and (if any) Support Services. It supersedes all prior or contemporaneous oral or written communications, suggestions and representations relating to the Software or any other subject matter of this EULA. To the extent any provisions of any Teamdb/K+K Policy or Teamdb/K+K Program for Support Services conflict with the provisions of this EULA, the provisions of this EULA shall control. If any provision of this EULA is held void, invalid, unenforceable or illegal, the remaining provisions will continue in full effect.
last change July 17, 2017