This End-User License Agreement („EULA“) is a legal agreement between you and Martin Hergenröder
This EULA agreement governs your acquisition and use of our This is Germany software („Software“) directly from Martin Hergenröder or indirectly through a Martin Hergenröder authorized reseller or distributor (a „Reseller“).
Please read this EULA agreement carefully before completing the installation process and using the This is Germany software. It provides a license to use the This is Germany software and contains warranty information and liability disclaimers.
If you register for a free trial of the This is Germany software, this EULA agreement will also govern that trial. By clicking „accept“ or installing and/or using the This is Germany software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Martin Hergenröder herewith regardless of whether other software is referred to or described herein. The terms also apply to any Martin Hergenröder updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Martin Hergenröder hereby grants you a personal, non-transferable, non-exclusive licence to use the This is Germany software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the This is Germany software (on a mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the This is Germany software.
You are not permitted to:
• Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
• Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
• Allow any third party to use the Software on behalf of or for the benefit of any third party
• Use the Software in any way which breaches any applicable local, national or international law
• Use the Software for any purpose that Martin Hergenröder considers is a breach of this EULA agreement
Intellectual Property and Ownership
Martin Hergenröder shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Martin Hergenröder.
Martin Hergenröder reserves the right to grant licences to use the Software to third parties.
Disclaimer and limitation of liability
There is no liability accepted by Martin Hergenröder for the functionality of the This is Germany software. Due to providers, there may be significant delays in sending a SMS, for which no liability is assumed.
The This is Germany software allows Martin Hergenröder or a Martin Hergenröder authorized provider to provide access to your location. The access to the location takes place for display on maps, or by issuing the coordinates in writing.
This takes place only upon activation of the service. After successful activation of the location services, the services can be disabled in the terminal’s settings.
Neither Martin Hergenröder nor any authorized provider given by Martin Hergenröder accepts any liability for the functionality, accuracy and completeness of the offered location services or location data.
There is no liability for data of the This is Germany software, which is offered or determined. Martin Hergenröder is not responsible for any damage caused by the user or third parties through the use of This is Germany software. The user uses the This is Germany software exclusively at his own risk. Martin Hergenröder is not liable for possible damages, even if Martin Hergenröder has been informed about the possibility of such damages. This restriction also applies to claims of third parties.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Martin Hergenröder.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.