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Software License Agreement
Timeular GmbH, an Austrian limited company having its corporate seat in Vienna, Austria, and registered in the Austrian commercial register under FN 446345s (hereinafter referred to as “we”, “us” or “Timeular”) provides software, including apps, for macOS, Windows, Linux, iOS and Android enabling the use of its products (personal time keeping devices). Please read this software license agreement (hereinafter the “Software License”) carefully before using the software provided to you by Timeular (the “Software”). By using the Software, you are agreeing to be bound by the terms and conditions of this Software License. If you do not agree to the terms and conditions of the Software License, do not install and/or use the Software. When using the Software, you also consent to the license conditions of Timeular’s suppliers and licensees regarding standard software (e.g. Microsoft).
1. General
1. The Software, and any third party software, documentation, interfaces, content, fonts and any data accompanying this Software License whether in read only memory, on any other media or in any other form are licensed, not sold, to you by Timeular for use only under the terms of this Software License. Timeular retains ownership of the Software itself and reserves all rights not expressly granted to you.
2. Timeular makes its software available with different features. The free “base” version includes the basic features you need to track and analyse your time by using your Timeular device. The purchasable software version “Pro” has additional features. The features of the software versions available from Timeular may be subject to changes. WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT.
3. Timeular, at its discretion, may make available future upgrades or updates to the Software for your compatible Timeular product. The Software upgrades and updates, if any, may not necessarily include all existing software features or new features that Timeular releases for newer or other models of its products. The terms and conditions of this Software License will govern any software upgrades or updates provided by Timeular to the original Software, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update. There is no obligation for Timeular to provide any update, to maintain the software or to keep the technology up to date. In case you are using a paid software version (e.g. the “Pro” version) your software license may include updates. The obligations on the part of Timeular can be found in the description of your software package or product, which you can access here.
2. Permitted Use and Restrictions
1. Subject to the terms and conditions of this Software License, you are granted a limited, non-transferable, non-exclusive license to install and use the Software on any compatible Timeular product that you own or control. You may not distribute or make the Software available over a network where it could be used by multiple products at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Software.
2. The Software is supported only on Timeular devices that meet specified system requirements as indicated by Timeular.
3. Title and intellectual property rights in and to any content displayed by or accessed through the Software belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided in this Software License, this Software License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.
4. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this Software License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or any services provided by the Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the Software).
5. You agree to use the Software and the services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Software. Features of the Software may not be available in all languages or regions.
3. Consent to Use of Data
1. At all times your information will be treated in accordance with Timeular’s Privacy Policy.
4. Termination
1. This Software License is effective until terminated. Your rights under this Software License will terminate automatically or otherwise cease to be effective without notice from Timeular if you fail to comply with any term(s) of this Software License (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the terms of this Software License).
2. Furthermore, we may, at any time, terminate your right to the Software License if:
1. you fail to make the timely payment of fees for the Software License, if any;
2. we are required to do so by law (for example, where the grant of the Software License to you is, or becomes, unlawful);
3. we elect to discontinue the software to which you have been granted a Software License, in whole or in part, such as if it becomes impractical for us to continue offering the software in your region or due to a change of law;
3. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software. Sections 2.4, 3, 4, 5, 6, 7 and 8 of this License shall survive any such termination.
5. Disclaimer of Warranties for the “base” version of the Software
1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
2. THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TIMEULAR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
3. TIMEULAR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
4. YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE OFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
5. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TIMEULAR OR AN TIMEULAR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
6. TIMEULAR CANNOT ENSURE THAT THE SOFTWARE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
7. TIMEULAR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD THROUGH THE SOFTWARE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
6. Disclaimer of Warranties for the “Pro” version of the Software
1. If you are a customer who is a consumer (someone who uses the Software outside of his/her trade, business or profession), any warranties for the “Pro” version of the Software are subject to the applicable laws on warranties. If you want to find out more about consumer rights, you should contact a local consumer advice organization.
2. IF YOU ARE NOT A CONSUMER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WAIVE ALL YOUR WARRANTY RIGHTS UNDER THE AUSTRIAN GENERAL CIVIL LAW. IN ACCORDANCE WITH SECTION 929 OF THE AUSTRIAN GENERAL CIVIL LAW ALL AND ANY WARRANTY CLAIMS SHALL BE EXCLUDED.
7. Limitation of Liability
1. IF YOU ARE A CUSTOMER WHO IS A CONSUMER (someone who uses the Software outside of his/her trade, business or profession), TIMEULAR SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, CAUSED BY SLIGHT NEGLIGENCE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE).
2. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL TIMEULAR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TIMEULAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Law and jurisdiction
1. This Software License is governed by the laws of Austria, save for where obligatory consumer rights provisions in your country within the European Union take priority according to Article 6 paragraph 2 Regulation (EC) No 593/2008, excluding conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980). Any dispute arising out of or in connection with this Software License shall be submitted to the exclusive jurisdiction of the competent court in Vienna, Austria.
2. If one or more provisions of this Software License shall be held to be invalid, illegal or unenforceable under applicable law, such invalidity, illegality or unenforceability shall not affect any other provision of this Software License, which shall be construed as if such invalid, illegal or unenforceable provision, to the extent to which such provision is invalid, illegal or unenforceable, had never been set forth herein, and this Software License shall be carried out as nearly as possible according to its original terms and intent.
9. Miscellaneous
1. Complete Agreement. This Software License constitutes the entire agreement between you and Timeular relating to the Software, and supersedes all prior or contemporaneous understandings regarding such subject matter. Timeular reserves the right to update and amend this Software License Agreement from time to time and any changes will be communicated to you via information in your Timeular user account.
2. English Version. The English version of this Software License will be the version used when interpreting or construing these terms and conditions.
3. Notice to Timeular. For our contact details, please check the Imprint.
4. Non-Assignment. You may not assign or otherwise transfer this Software License or your rights and obligations under this Software License, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under this agreement to a third party.
5. No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section.
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