Dirk Holtwick, Veilchenweg 58,45478 Mülheim (hereinafter referred to as "Provider") is the creator and provider of the software application. The services of the software application (hereinafter referred to as "App") are provided by the provider exclusively in accordance with this license agreement. The provider expressly contradicts the validity of any terms and conditions of business of users of the App. This license agreement is published on the https://holtwick.de/ website. If a license agreement is concluded via the Mac App Store or another shop, the terms and conditions of the Mac App Store or the respective shop operator apply in addition to this license agreement.
With the installation or use of the app, users make a binding offer to conclude an unlimited usage contract with the provider. The provider accepts the user's offer by providing the functions of the app. A separate declaration of acceptance by the provider is not required. At present, the contract can only be concluded in German. The contract text is not saved.
The provider grants users a simple, non-transferable and non-sub-licensable right to use the app in its current version for the duration of the contract period. Please note that the app is licensed for use (execution) as computer software for the respective user. Accordingly, the app is not sold, but licensed exclusively to the respective user for use. The provider remains the sole and exclusive owner of the rights to the software application and its components. Users do not receive any rights or claims exceeding the rights listed here.
The app is intended for personal use by the respective user. Users are allowed to install the app on several of their own devices for use. Passing on the license data or a transfer of the usage contract to third parties is not permitted. It is also not permitted to rent, rent or make the app available to third parties in any other way.
Users acknowledge the rights of the provider to the app without restriction and undertake not to extract the content contained in the app (e. g. texts, graphics, font files, sounds and other media and content) from the application package and/or to use it for purposes other than those intended within the software application during the execution of the program.
Users further undertake not to make any changes/manipulations to the app, not to reverse engineer the app, not to decompile the app, and not to circumvent the security functions/copying protection of the app.
The contract of use between user and provider is concluded for an indefinite period of time. It may be terminated by either party at any time with one month's notice, unless a limited term has been expressly agreed. However, the user does not have to cancel the contract if he or she decides not to use the app anymore.
In the event of an important reason, both parties may terminate the user contract without notice. The provider is entitled to terminate the contract of use for good cause, in particular if users violate their obligations under § 4 of this contract of use.
The app is continuously tested by the provider to rule out erroneous behavior.
The provider makes the app available in its current version. Without prejudice to the claims in case of defects, the user shall not be entitled to the maintenance or the establishment of a certain condition and/or functional scope of the app.
Warranty claims are excluded if users do not have the latest version of the app installed and there are functional restrictions or lack of compatibility.
The provider does not assume any legal guarantees with regard to the app.
Claims of the users for damages are excluded. Excluded from this are claims for damages of the users from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
In the event of a breach of essential contractual obligations, the provider shall only be liable for foreseeable damage typical of the type of contract if this was caused by simple negligence, unless the user is entitled to compensation for damages resulting from injury to life, limb or health.
The limitations of the two previous paragraphs shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
The liability of the provider according to the Product Liability Act as well as within the scope of §44a TKG remain unaffected.
The liability for the recovery of user data is limited to the necessary costs of the restoration, which would also have arisen with regular and appropriate data backup measures.
Maintenance updates are usually free of charge (e. g. version 1.0 to version 1.1). However, the provider reserves the right to charge for updates, especially when jumping to the next major version (e. g. version 1.0 to version 2.0).
The provider can change the form and functionality of the software application during updates, as long as there are no restrictions on the scope of functions.
The law of the Federal Republic of Germany shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions of German private international law is excluded. Should a provision in these terms and conditions of business be or become invalid, this shall not affect the validity of all other agreements or provisions. The ineffective provisions shall be replaced by the legal regulation.
*As of August 2016 #