of [Till Jeske, Roecklplatz 3 80469 München] (hereinafter "Me" or "Jeske") for the provision and use of my software product "jgaze execution viewer" (hereinafter the "Software") to customers purchasing a license for use of the Software for its commercial or self-employed professional occupation ("Licensee").
1. | Scope, Subject Matter, Conclusion of the Agreement |
1.1 | The following General Terms and Conditions define the contractual relationship between Jeske and the Licensee with respect to the purchase of licenses for the Software. The Software is downloadable from My website "jgaze.com". |
1.2 | Subject matter of the agreement is the provision (i) of a copy of the Software in object code in an English language version by way of enabling the Licensee the download and (ii) the granting of the usage rights for the Software set out in section 2 below. |
1.3 | The source code of the software, the provision of regular updates or upgrades to the Software or support or training services, or the provision of a detailed manual is not subject of this agreement . |
1.4 | The agreement comes into effect upon you pushing the "Pay Now" button and the issuance of an e-mail confirming your purchase by Me. |
2. | Usage rights |
2.1 | Upon full payment of the license fee identified on the website and the purchasing process, Jeske grants the Licensee a non-exclusive, non-transferable, non-sublicensable, limited usage right to run the Software on one single computer (per-seat-license) for the duration of 1 year and to create one backup copy. |
2.2 | The permitted use includes the installation of the Software, loading into the working memory and the authorized use by the Licensee on one single computer. The Licensee does especially not permit any installation or use on a network server or another kind of multi-station computing system (in particular via the use of virtual hardware) in as far as this creates the possibility of simultaneous use of the Software by multiple users , the copying of the Software for further distribution, the granting of sub-licenses of the software in any way, to make the Software available to third parties, especially by way of application service providing (ASP) or in the form of software as a service (SaaS). |
2.3 | Any exceeding use is not strictly forbidden. |
3. | License fee |
3.1 | The Licensee pays a one-time license fee to Jeske for the provision of the Software and the grant of the usage right. Payments are processed online only. Jeske is under no obligation to accept any other form of payment. Licensee will receive an invoice following payment by way of e-mail, which states the license fee payable plus the VAT applicable at the time of the respective provision of service . |
4. | Copyrights |
4.1 | All rights to the Software (and to all copies made by the licensee) - in particular the copyright and other intellectual property rights - remain the sole property of Jeske. |
4.2 | The translation of the Software code into source code (de-compilation) as well as other means of reverse engineering is not permitted, unless explicitly authorized by Jeske or available under mandatory applicable law. |
5. | Warranty, Liability |
5.1 | The warranty term is limited to one year following the provision of the Software. |
5.2 | Regardless of legal grounds, Jeske is only liable for damages that have been caused by a culpable breach of a material contractual duty, namely a duty which, when breached, will jeopardize the achievement of the contractual purpose and/or the proper fulfillment of which constitutes a condition sine qua non and on the fulfillment of which the parties may rely at all times (so called "cardinal duties"). Any liability of Jeske shall be limited to the damage typical and foreseeable on the basis of the circumstances known at the time of entering into the agreement. |
5.3 | In addition, Jeske's liability is limited to the invoiced amount for the Software. |
5.4 | The aforesaid limitations on liability do not apply to damages based on willful intent or gross negligence, to damages from injury to life, body or health and to possible claims under strict product liability. |
6. | Miscellaneous |
6.1 | Modifications or amendments to the agreement must be made in writing. The aforesaid also applies for a waiver of the written form requirement. No oral side agreements are in place. |
6.2 | In the event that any provision of this agreement should be or become invalid, unenforceable or incomplete, the remaining provisions shall remain unaffected. The invalid, unenforceable or incomplete clause shall be replaced by such a clause the parties would reasonably have agreed to had they been aware of the invalidity, unenforceability or incompleteness. |
6.3 | This agreement is subject to the Laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG). |
6.4 | The exclusive jurisdiction for Licensee for all disputes from and in relation to this agreement is Munich, Germany. Jeske may however initiate court procedures against Licensee also at any court competent therefore. |
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer's internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@jgaze.com or mailing us at:
jgaze
Till Jeske
Roecklplatz 3 München DE 80469
Payment:
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All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify's Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at info@jgaze.com or by mail at
jgaze
Till Jeske
Roecklplatz 3 München DE 80469
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