End User License Agreement of Kinza GmbH
This Software License Agreement (hereinafter referred to as the "Agreement") is concluded between you (a natural or legal person) as the user and Kinza GmbH. The Agreement authorizes you to use the "Allo Kartina" software (hereinafter referred to as the "Software") according to the following provisions. This Agreement does not represent an agreement for the sale of the Software. Kinza GmbH retains the property rights to the Software copy and any other copies that you may make of the Software within the framework of these contractual regulations.
Read this Agreement carefully before you install, download, or use the Software. By clicking the button "I agree to the terms and conditions of the Agreement" or by making a clear statement (by making a checkmark) during the installation, download, and/or use of the Software, you accept all terms and conditions of this Agreement.
By using the Software, you declare that you have read and understood the Agreement and agree to the contractual regulations.
1. Usage Right
Kinza GmbH grants you the non-exclusive, non-transferable right to install the Software on your terminal device (e.g. your mobile phone) or another permanent storage medium of a single computer and to use the Software on a single terminal device or computer.
2. Unauthorized Use
(a) You are not permitted to copy (reproduce) or distribute the Software or to make it publicly accessible (e.g. by making it available for download) or modify it.
(b) You are not permitted to resell, sublicense, let, lease, or lend the Software.
(c) You are not permitted to reverse engineer, decompile, or disassemble the Software or attempt to discover the source code of the Software in any other way or use the Software as the basis for modifications, unless this is permitted by Section 69e of the German Copyright Act (UrhG).
3. Backup Copy
You may create a single copy of the Software as backup copy on a storage medium. However, this backup copy may not be installed or used on any computer. All other copies made of the Software represent a violation of this Agreement.
4. Legitimate Use
You undertake to use the Software exclusively in a way that is compatible with applicable law in the jurisdiction in which you use the Software, including applicable copyright law and other intellectual property rights.
5. Copyright Note
All authorized copies that you make under this Agreement must contain the same copyright notes and trademarks (e.g. word and/or picture marks) and other proprietary notes that are also contained in the Software. You are not permitted to delete, alter, cover, or garble these marks and notes.
Updates cannot be demanded. All regulations of the Agreement also apply to updates. In case makes an update available and informs you of this under the provisions of the General Terms and Conditions (e.g. by SMS), you must install the update without delay in order to ensure smooth use of the Software. After this notification, you may only use older versions for the purpose of enabling the installation of the update.
(a) This Agreement comes into force on the date of the first installation of the Software. You may terminate this Agreement at all times by conclusively deleting and destroying the Software and all backup copies or by returning these at your own expense. You will lose your rights as end user automatically and with immediate effect without any notification by Kinza GmbH if you infringe any provision of this Agreement. In this case, you must delete and destroy the Software, all backup copies, and associated material immediately or return these to Kinza GmbH at your own expense. Kinza GmbH may request you to issue a statement confirming that you have performed the aforesaid actions.
(b) Kinza GmbH may terminate the Agreement at all times in case you violate the provisions of the Agreement or the General Terms and Conditions of Kinza GmbH.
8. Limitation of Obligations
This Agreement does not result in any other obligations for Kinza GmbH than the ones explicitly mentioned herein. In particular, Kinza GmbH is under no obligation to give you technical support, unless this is agreed in a separate written agreement between you and Kinza GmbH.
The liability of Kinza GmbH is governed by the General Terms and Conditions, the acknowledgement of which is a precondition for the use of the Software and the services of Kinza GmbH.
10. Applicable Law, Entire Agreement, Contact Address
(a) This Agreement is governed exclusively by German law.
(b) With respect to the Software, this Agreement represents the entire agreement between Kinza GmbH and you. It supersedes any and all prior statements, covenants, assurances, end-user license agreements, notifications, and promotions with respect to the Software.
(c) The following address shall be used for communication (e.g. inquiries, confirmations, complaints):
60385 Frankfurt am Main