LICENSE AGREEMENT

This License Agreement governs the rights and restrictions of use of MailBuddy hereinafter referred to as “the Software” – between you, the user of the Software – hereinafter referred to as “the Licensee” – and the Licensor, MailBuddy UG – hereinafter referred to as “the Manufacturer”.

License

The Licensee has the simple, non-exclusive right to install and use one copy of the Software. Upon installation of the Software, the Licensee shall initially have a right of use limited to 5 days after startup in accordance with the terms of this License Agreement. The number of required licenses corresponds at least to the number of users of the software. Multi-user licenses may be used as a single-user license or as a concurrent-user license with the corresponding number of concurrent users. A site license grants the right to use the software without limitation of the number of users at one site (city). A corporate license grants the right to use the software without limitation of the number of users within a company (worldwide). The manufacturer provides the software exclusively on the basis of this contract. Contractual conditions of the licensee do not apply, even if the manufacturer does not explicitly contradict them.

Copyright and rights of use

The software supplied by the manufacturer (program and manual) is protected by copyright. The manufacturer is exclusively entitled to all rights to the software in the relationship between the contracting parties. The licensee is not entitled to reverse engineer, decompile or disassemble the software.

Translation, editing, arrangement, other reworking as well as renting and lending of the software (offline or online) require the written consent of the manufacturer. It is allowed to pass on copies of the demo version of the software if this is done free of charge and in original, unchanged form.

The Licensee may make one copy of the Software for purposes of data backup. The Licensee may only pass on the Software to a third party if the third party agrees to the further application of the contractual terms and conditions. If the Licensee passes on the registered version of the Software to a third party, the Licensee shall cease using the Software permanently and shall not retain any copies.

The manufacturer may revoke the rights of use for good cause. An important reason exists in particular if the licensee does not comply with the terms of use. Upon revocation of the rights of use, the Licensee shall delete the original Software and any stored copies thereof. The manufacturer will hold the licensee liable for all damages that occur due to a violation of this contract by the licensee.

Duties of the Licensee

Licensee shall take reasonable precautions in the event that the Software fails to operate properly in whole or in part. He shall thoroughly test the Software for its usability for the purpose intended by him before he uses it operationally. Furthermore, he shall back up his data in accordance with the state of the art.

The Licensee shall take appropriate measures to protect the Software from unauthorized access by third parties.

Liability

The Software has been developed with the greatest care and has been subjected to extensive testing and quality assurance measures. Nevertheless, freedom from errors cannot be guaranteed and use is at the user’s own risk.

Any liability on the part of the manufacturer is excluded, except for damages caused by intent or gross negligence. In addition, liability may arise from the Product Liability Act.

The amount of liability is in any case limited to the amount of the purchase price actually paid.

Data protection

Note according to § 33 BDSG: Customer data will be stored, but not disclosed to third parties or used for other purposes.

Place of jurisdiction

Place of jurisdiction is Hamburg. The law of the Federal Republic of Germany applies.

Other

Should one or more clauses of this contract or a clause within the framework of other agreements be or become invalid, the validity of all other clauses or agreements shall not be affected. Ineffective or missing clauses shall be replaced by effective clauses which come closest to the intended purpose, alternatively by corresponding legal regulations.