upjers Playground


End-User License Agreement

 

Please read this end-user license agreement carefully. It constitutes a binding agreement between you and the upjers GmbH. If you accept the end-user license agreement and download the software, you are obligated to adhere to the following terms and conditions.

 

§ 1 Subject Matter of the Contract

 

The contractual object is the free use of the computer program upjers Playground (henceforth: “software”).

 

§ 2 Grant of License

 

  1. (1)upjers grants the end-user the simple, non-exclusive right to install and run the software for the duration of the contract. 

     

  2. (2)The end-user is not permitted to sell the Software, lease it to or otherwise pass it on to third parties. 

     

  3. (3)The end-user is not permitted to remove or circumvent the protective mechanisms in place to prevent unauthorized use, unless this is necessary to ensure the error-free utilization of the program.  

 

§ 3 Term and Termination 

 

  1. (1)upjers grants use of the software for an indefinite period of time. 

     

  2. (2)Both parties are entitled to terminate this agreement at any time without proper notice. 

     

  3. (3)The right to extraordinary termination for important reason remains unaffected. 

     

  4. (4)The conceded right of use expires upon termination of the contract. The end-user is obligated to delete the software from their computer without delay.  

 

§ 4 Warranty

 

  1. (1)upjers agrees to provide the software in a condition suitable for contractual use and, if necessary, update it. 

     

  2. (2)In the event a defect is discovered, it must be taken into consideration that software can never be completely error-free due to technical reasons. 

     

  3. (3)Compensation, regardless of fault, for defects that already existed when the contract was signed is excluded. 

     

  4. (4)Any additional claims, including but not limited to claims for damages caused by external influences (force majeure, etc.) which are beyond upjers' control, operating errors by the user, changes and manipulation of the software not conducted by upjers or the user, by shall be ruled out. 

     

  5. (5)If the end-user notices a software defect, they are to immediately report it to support@upjers.com. 

 

§ 5 Liability

 

  1. (1)upjers is liable for intentional acts and gross negligence. 

     

  2. (2)In any case of slight negligence upjers will only be liable for breaches of cardinal contractual duties, without the fulfillment of which due performance of the contract would not be possible and on whose fulfillment the contract partner could reasonably rely on, as well as injuries of life, limb or health. 

     

  3. (3)In cases of slight negligence, liability is limited to damage reasonably foreseeable unless it concerns an injury of life, limb or health. 

     

  4. (4)Damage claims based on a slight negligence of cardinal contractual duties expires one year after the commencement of the statutory time limit for enforcement, unless it concerns an injury of life, limb or health. 

     

  5. (5)upjers will exercise the normal care and diligence customary for the industry. When determining if upjers is liable, it must be taken into consideration that software can never be completely error-free due to technical reasons. 

     

  6. (6)upjers is not liable for the loss of data and/or programs if the damage is a result of the end-user neglecting to carry out a backup and by doing so ensuring that lost data can be restored at a justified loss of time. 

     

  7. (7)The aforementioned provisions shall apply also in favor of the vicarious agents of upjers. 

 

§ 6 Reservation of Changes

 

upjers reserves the right to change or amend the end-user license agreement in the future as far as this appears necessary (for example, if laws are changed) as long as the user is not exposed to any unreasonable disadvantage through the changes. The user will be notified of any changes in writing. The user is entitled to object to the changes in writing (e-mail) within a period of one month after receiving the notification. If the user does not object to the changes within the one-month period after receiving the notification, or continues to use the software, the changed or amended conditions will become effective. If the user objects within the one-month period, both parties are entitled to terminate the contract.

 

§ 7 Final Provisions

 

  1. (1)Should individual provisions of this agreement become wholly or partly invalid or inapplicable, this shall not affect the validity of the remaining provisions. 

     

  2. (2)No side agreements exist for this contract. Alterations and amendments to this contract must be made in writing. This formal requirement can only be waived in writing. 

     

  3. (3)The laws of the Federal Republic of Germany shall apply with the exception of the rules of conflict of laws. Provisions aimed at protecting consumers which would have been applicable without a choice of law and which cannot be derogated from by contract remain unaffected.  

     

  4. (4)Sole venue for all disputes out of or in conjunction with this contract  shall be head office of upjers, should the end-user move their domicile or usual place of residence away from the Federal Republic of Germany after the conclusion of the contract or their place of residency is unknown at the time a claim is filed. 

 

Last revised: March 28, 2017

 

 

 

 

 

 

upjers GmbH
Representing CEO: Klaus Schmitt
Address: Hafenstraße 13, 96052 Bamberg, Germany

E-Mail: agb@upjers.com
Tel: +49 (0)951/5109080 (no Support)
Fax: +49 (0)951/510908102 (no Support)

Registry Court: Amtsgericht Bamberg
Registry Number: HRB 5558

VAT ID No.: DE275673923