END-USER LICENCE AGREEMENT for TouchRemote Software
This End-User Licence Agreement (“EULA”) is a legally binding agreement between you as an individual or a legal entity (“End User”) and onca Development Bernd Wendt, Pariser Straße 8, 53117 Bonn, Germany (“Lisenser”).
By downloading, installing, copying or using the software TouchRemote, the End User declares his consent to the terms and conditions of this EULA.
“Software Product” refers to the software TouchRemote, in the whole or in parts, composed of the programs
including additionally associated software components and online services.
2. Grant of Licence
Licences for App and PC Software are granted free of charge.
The Licenser grants the End User the non-exclusive right, excluding the right to sub-licensing, to install and use copies of the Software Product as follows
The End User has the right to create a backup copy of the Software Product for backup purposes.
3. Licence Restrictions
The End User is expressly allowed to freely distribute copies of App and PC Software.
The End User does not have the right to rent, lease or lend the Software Product.
The End User must not remove or alter any copyright notices on any and all copies of the Software Product.
The End User does not have the right to reverse engineer, decompile or disassemble the Software Product, to generally perform any reverse engineering, or to attempt by any other means to determine the source code of the Software Product, unless and only insofar as this restriction is not forbidden by applicable legislation.
4. Intellectual Property Rights and Copyrights
All rights not expressly granted to the End User in this EULA remain the rights of the Lisenser. The Software Product is protected by copyright laws and other laws, as well as well as by agreements governing intellectual property. The Lisenser or its sales partners hold ownership, the copyright and other intellectual property rights relating to the Software Product. This EULA does not grant the End User any rights whatsoever to the Licenser’s trademarks or service trademarks.
The Software is licensed and cannot the purchased.
5. Warranty and Exclusion of Liability
All conditions, warranties and obligations on the part of the Licenser other than those expressly named in this EULA are excluded where permitted by law. In particular, the Licenser shall not warrant that the Software Product meets all the End User's requirements or that the functions contained in the Software Product shall run without interruption or errors in a hardware and software combination selected by the End User.
Without prejudice to other provisions of this EULA, the Licenser shall not be liable to the End User for minor negligence, indirect damage or consequential damage or losses arising in conjunction with the usage of the Software Product. The maximum accumulated obligation on the part of the Licenser for losses or damages incurred in conjunction with the usage of the Software Product may not exceed the remuneration paid by the End User for the Software Product. The exceptions and limitations of liability and responsibility as set down in the aforementioned shall only apply to the respective legally permitted extent.
This warranty does not apply if the Software Product is provided to the End User free of charge. Equally it does not apply to test versions labelled as Beta versions. Furthermore, the Licenser shall not be liable for damage in any form incurred by the End User due to the non-installation of updates.
6. Data Utilisation and Licence Monitoring
The End User agrees that the Licenser is authorised to collate and utilise technical data gathered in association with the Software Product within the framework of any support services made available to the End User. The Licenser may use this information only for improvement of his products and the provision of user-defined services or technologies to the End User.
The Licenser may verify details of the licence held by the End User during the course of the installation, usage or updating to prevent in this way the non-licensed or illegal usage of the Software Product and to improve the customer service provided by the Licenser. The End User consents to this procedure as implemented by the Licenser and is obliged to comply with all provisions in this regard.
7. Additional Software and Services
This EULA applies, subject to special terms and conditions, to updates, supplements, add-on components or Internet-based service components for the Software Product such as the Licenser may provide or make available to the End User after the End User has purchased a licence for the Software Product.
The Licenser reserves the right to change or discontinue without prior notice any Internet-based services that are provided to the End User or are made available through use of the Software Product.
8. Export Restrictions
The End User acknowledges that he may not export the Software Product to countries where this is forbidden by applicable international and national export legislation and pertinent regulations. Furthermore, the Software Product may not be exported to a country, or handed over to a citizen or resident of such a country, upon which an embargo has been imposed on the basis of existing national or international export controls. All rights to the use the Software Product shall be forfeited if the provisions of this EULA are not adhered to.
Without prejudice to any other rights, the Licenser has the right to terminate this EULA without any further obligations if the End User is in breach of its provisions.
In the event of a termination, the End User is under obligation to destroy all copies of the Software Product and all its components.
10. Other Provisions
This EULA, which represents an entire agreement between the parties with regard to the scope of the EULA, replaces all previous agreements, negotiations and proposals in this respect. Each party acknowledges that it has not been persuaded to conclude this EULA in consequence of assurances, guarantees or obligations other than those expressly set down in the EULA.
Should one of the provisions of this EULA be invalid, unlawful or not enforceable, either in its entirety or in part, this circumstance shall not prejudice the validity of the remainder of the EULA or the rest of the affected provision of the EULA.
This EULA is governed by the laws of the Federal Republic of Germany.