End User License Agreement
Free Software for macOS

This is a legal agreement between you (either an individual or an entity) and Marcel Bresink Software-Systeme (“MBS”).

1. Grant of Limited License.

MBS grants to you the non-exclusive, limited right to install and use the accompanied software program (the “Software”).

2. Copyright.

The Software is owned by MBS and is protected by international copyright laws and treaty provisions. You should therefore treat the Software like any other copyrighted material. Among other things, copyright laws prohibit you from making derivative works of the Software. You may make copies of the Software solely for your individual and personal use on multiple computers, but you may not redistribute the software without written consent of MBS.

3. Other Restrictions.

(a) You may not modify, reverse-engineer, decompile, or disassemble the Software.

(b) You may not claim that the Software is yours, and you may not use the name Marcel Bresink Software-Systeme to endorse or promote products derived from the Software without prior written permission.

(c) You may not distribute copies of the Software, in whole or in part, to any third party, nor may you rent, loan, sublicense, or lease the Software to third parties. You further may not use the Software to act as a service bureau or application service provider.

4. Warranties and Limitation of Liability.

Terms only applicable to users under scope of the jurisdiction of the United States of America:

The software is provided “as is”, without warranty of any kind. MBS further disclaims any implied warranties, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk arising out of the use or performance of the Software remains with you. Should the Software prove defective, you (and not MBS) assume the entire cost of all necessary servicing or repair.

In no event shall MBS or anyone else involved in the creation, production, marketing, distribution, or delivery of the Software, be liable for any damages whatsoever; including, without limitation, damages for loss of business profits, for business interruption, for loss of business information, or for other monetary loss, arising out of the use of the Software or the inability to use the Software, even if you have been notified of the possibility of such damages.

In no event shall MBS be liable for any special, indirect, or consequential damages, or for any damages whatsoever, whether in a contract action, negligence or other tort action, or other claim or action, arising out of, or in connection with, the use or performance of the Software or documents and other information provided to you by MBS, or in the provision of, or failure to provide, services or information.

Because some states of the United States of America do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you downloaded or otherwise received the Software.

End of terms only applicable to users under scope of the jurisdiction of the United States of America.

Terms only applicable to users outside the scope of the jurisdiction of the United States of America:

(a) The feature set of the Software is defined by the specification contained in it. MBS and the end user agree in the fact that according to present technical state of the art, defects in software products cannot be fully excluded under all possible circumstances of usage. Subject of warranty is an application which is useful in principle according to its performance specification.

(b) The limitation period is defined to be two (2) years after delivery of the Software to the end user. At the discretion of MBS, the warranty is fulfilled either by removal of defects or replacement. If removal of defects and/or replacement should prove to be unsuccessful, the user has the right to choose between reduction of the usage fee or cancellation of the contract.

(c) A contractual or non-contractual obligation for the payment of damages by MBS or its subcontractors only arises in cases of negligence or intent. Further obligations for liability possibly required by law remain untouched. The liability of MBS is limited to financial damages that were foreseeable at the time the contract was concluded, except for cases of negligence or intent. In no case, MBS can be held responsible for loss of data, provided the loss could not have been avoided by periodic creation of backup copies in machine-readable form. In the same manner, MBS is not liable for damages caused by defects of the software that could have been avoided by immediate verification of processed results or data. As far as claims for damages do not earlier fall under the statute of limitations as permitted by law, they will fall under statute of limitations after a maximum time frame of two (2) years after which the unsatisfactory service has been fulfilled, with the exception of claims due to tort or the German product liability act.

End of terms only applicable to users outside the scope of the jurisdiction of the United States of America.

5. Your Warranty to MBS.

You warrant that all individuals having access to the Software will observe and perform all the terms and conditions of this License Agreement. You shall, at your own expense, promptly enforce the restrictions in this License Agreement against any person who gains access to your copy of the Software (i.e. the copy you obtain upon agreeing to this License Agreement or any other lawful copy you have made from this copy) with your permission or while your employee and who violates such restrictions, by instituting and diligently pursuing all legal and equitable remedies against him or her. You agree to immediately notify MBS in writing of any misuse, misappropriation or unauthorized disclosure, display or copying of the Software that may come to your attention. You agree to indemnify and hold harmless MBS from any and all claims resulting from your use of the Software or breach of this Agreement.

6. Privacy and Data Protection.

The Software complies with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

7. Injunctive Relief.

Because of the unique nature of the Software, you understand and agree that MBS will suffer irreparable injury in the event you fail to comply with any of the terms of paragraph 3 of this License Agreement and that monetary damages may be inadequate to compensate MBS for such breach. Accordingly, you agree that MBS will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms of this Agreement.

8. Termination.

You may terminate this Agreement at any time. MBS may immediately terminate this License Agreement if you breach any representation, warranty, agreement or obligation contained or referred to in this License Agreement. Upon termination, you must dispose of the Software and all copies or versions of the Software by destroying the Software. The provisions of Sections 3, 4, 5, 6, 7 and 9 of this License Agreement shall survive termination of this Agreement.

9. Miscellaneous.

If any litigation is brought to enforce this License Agreement, or arises out of this License Agreement, the prevailing party shall be awarded its reasonable attorneys' fees together with expenses and costs incurred in such litigation. This Agreement shall be governed by the laws of the Federal Republic of Germany, but not including the 1980 United Nations Convention on Contracts for International Sale of Goods. This License Agreement is the complete agreement between MBS and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.

Copyright Notice.

Any rights not expressly granted in this License Agreement are reserved.

2018-03-20

End User License Agreement Free Software for macOS