Sparkasse license terms
Star Finanz-Software Entwicklung und Vertriebs GmbH (hereafter "STAR FINANZ")
By installing or using this software, the licensee agrees unconditionally to the following terms and conditions.
§1. CONSENT TO THE TRANSMISSION OF NON-PERSONALLY IDENTIFIABLE DATA
The licensee agrees that non-personally identifiable technical information that identifies the software version and operating system will be uploaded and transmitted to STAR FINANZ for the purposes of maintenance and improvement of product functionality as well as for statistical purposes.
§2. SUBJECT OF AGREEMENT
§2.1 The licensee will be granted by STAR FINANZ neither an exclusive nor a transferrable license for the use of this software per the conditions of this end-user license agreement. Its use is further subject to the terms of service and the user agreement of the Microsoft Windows Store. STAR FINANZ is the sole and exclusive owner of the rights to this software. The licensee holds no additional rights outside of the usage rights described herein. The licensee is expressly forbidden from sub-licensing the software and from loaning and/or distributing the software and its respective usage rights in any other form.
§2.2 When granting a free license, STAR FINANZ reserves the right to display advertisements or to permit advertisements to be shown within the software without giving the licensee the option to suppress such advertising.
§3. EXERCISE OF LICENSE
The licensee will not alter, translate, reverse engineer, or recompile the software or develop derivative works thereof. The software is intended strictly for the personal and noncommercial use of the licensee. Upon infringement of the preceding obligations, excluding continuation of offense, the licensee must pay a fine of 5,000.00 euros to STAR FINANZ. The claim of further damages is not precluded thereby. Without prejudice toward the penalty and the recovery of damages, for infringement of the license agreement STAR FINANZ will revoke the user rights granted therein without the need to refund the license fee.
§4. TRADEMARK RIGHTS
The licensee unconditionally recognizes the rights of STAR FINANZ to the product (patents, intellectual property rights, branding, trade secrets). This applies also to the copyright of documentation that is available in writing or on computer storage media. The licensee commits to protect these rights and to take all necessary steps to prevent and prosecute the curtailment or infringement of these rights by third parties insofar as these are undertaken through the licensee or the licensee's possession of the product.
§5. PRODUCT UPDATES
STAR FINANZ can update and/or revise the performance and content of its product at any time. Updated or revised products likewise remain subject to this end-user license agreement.
§6. LIABILITY AND WARRANTY
§6.1 The product is tested and features certain functions. STAR FINANZ assumes no responsibility for the suitability of the product with respect to the intended application of the licensee. STAR FINANZ likewise assumes no liability or warranty for the transfer of alpha, beta, test, and pilot versions or other non-finalized product versions. The operation of such software releases not yet ready for market distribution can result in errors and data loss. The licensee is aware of and accepts these risks. The operation of such programs takes place at the user's risk and is subject to a complete warranty and liability exclusion that the user has expressly acknowledged and accepted. These versions are only to be used for testing purposes and should not be publicly presented.
§6.2 The warranty is fulfilled through remedial measures or replacement. The licensee has the right to exchange or refund only if the respective remedial measures or replacement have failed and the authorized dealer or STAR FINANZ has exceeded a grace period of at least 40 days. A continuation of warranty is not possible. STAR FINANZ is liable to the licensee only within the provisions of this agreement. Additional damage claims on behalf of the licensee are precluded unless they are based on willful or gross negligence.
§6.3 Should the licensee fail to take advantage of the software updates offered and made available online by STAR FINANZ, the licensee cannot invoke possible software defects within the framework of warranty and liability insofar as these possible defects might be eliminated by the provided software updates.
§7.1 STAR FINANZ is responsible only to make available the content requested by the licensee. The respective mobile service provider of the licensee is alone authorized and responsible for the transfer of this content. The telecommunication charges for the transmission of this requested content are to be borne solely by the licensee.
§7.3 The content and availability of mobile services are solely dependent upon the respective service provider (STAR FINANZ or a third party). Should a service provider make technical and/or substantive changes, or should there be interruptions and/or outages during the use of these services, it is possible that this service can no longer be used or can only be used in a limited capacity. The licensee has no claim to the restoration of these services. In this respect, there is no guarantee of uninterrupted usage of this service; the complete and/or partial discontinuation of these services does not constitute a defect of the software.
§7.4 STAR FINANZ expressly reserves the future right to no longer offer individual mobile services and/or to charge for mobile services that are currently offered free of charge. In particular, STAR FINANZ can adjust or discontinue free-of-charge or paid mobile services at any time; the licensee has no claim to unlimited use of these mobile services. Furthermore, STAR FINANZ can display advertisements or permit advertisements to be shown within its available free-of-charge mobile services without giving the licensee the option to suppress such advertising.
§8. TERMINATION OF THE LICENSE AGREEMENT
§9. FINAL PROVISIONS
§9.1 The laws of the Federal Republic of Germany apply. Hamburg will serve as the place of jurisdiction if the licensee is a commercial merchant.
§9.2 The licensee is not authorized to grant or relinquish the rights or responsibilities of this agreement.
Star Finanz-Software Entwicklung und Vertriebs GmbH
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