END USER LICENSE AGREEMENT (EULA)
IMPORTANT - PLEASE READ CAREFULLY
This end user license agreement is a legally binding contract between
yourself (as a natural or a legal person) and the company UpdateStar GmbH
(UpdateStar) for the software product "UpdateStar". By installing the software
product, you declare your agreement with all conditions of the license
agreement. If you do not agree with the conditions of the license agreement, you
are not entitled to install or use the software product. The software product is
protected by copyright laws and international copyright contracts as well as
other laws and agreements concerning intellectual property.
1. Subject of
The subject of this contract is the computer program, the
description thereof and the user manual as well as any other accompanying
written material. This will henceforth also be referred to as "software".
UpdateStar wishes to point out that, at the current state of technology, it is
not possible to create software that works perfectly in all applications and
combinations. The subject of this contract is therefore a software program that
is fit for the purposes detailed in the description and the user manual.
2. License granting
For the duration of this contract, UpdateStar grants
you the simple, non-exclusive and personal right (henceforth referred to as
"license") to use a copy of the software on a single computer. If this single
computer has multiple users, this user right applies to all users of the system.
As a license-holder, you may physically transfer the software (i.e. saved on a
data carrying medium).
3. Description of further rights and limits
The license-holder is prohibited from;
(a) Altering, translating,
reverse-developing, decompiling or disassembling the software without the
advance written permission of UpdateStar
(b) Creating products derived from
the software or making copies of the written material, translating or altering
the written material or creating products derived from the written material
(c) Changing or removing the copyright mark on the copies of the software
(d) Renting out, - or lending the software
The license holder is permitted
to transfer all rights from this license agreement permanently to another
person, provided that the recipient also agrees to all conditions of this
The license holder must use the software only in compliance with
all relevant laws.
4. Ownership of rights
Any ownership rights
applying to the software, including but not limited to copyright laws, belong to
UpdateStar. Any not explicitly claimed rights are reserved by UpdateStar.
declaring your agreement with this license agreement UpdateStar simply grants a
right to use the software as described in the conditions of the license
agreement. This does not imply a right to the software itself. In particular,
UpdateStar reserves all publication, multiplication, processing and utilization
rights to the software.
The software and accompanying
written material are protected by copyright laws. The user has the right to
create copies of the software. A copyright mark present in the software may not
be removed. Unaltered copying of the software in original form is explicitly
Provided you pass on only the complete installation version,
you may reproduce the installation data as often as you wish. However, you may
only pass on exact copies and may not alter these in any way.
reproduction, you may not demand any kind of compensation. You may not
distribute or market this product in combination with other products - whether
commercially or non-commercially - without the advance written permission of
6. Length of the agreement
This agreement is valid
indefinitely. The right of a license-holder to use this software is removed
automatically and without notice if he or she violates one of the terms of this
agreement. At the end of the period of right to use, the license-holder is
obliged to destroy the software, all copies of the software, and the written
7. Compensation for breach of contract
like to point out that you are responsible for any damages arising from breach
of copyright if you violate these contract terms.
8. Changes and Updates
UpdateStar is entitled to update the software as it wishes. UpdateStar is not
obliged to make updated versions available to all license holders. Any
additional software code that is made available to you as an update is
considered a part of the software and is therefore subject to the terms of this
9. UpdateStar's Guarantees and Responsibility
UpdateStar guarantees the original license-holder that the data medium carrying
the software is free of errors at the point of delivery, assuming normal
operating conditions and a normal level of maintenance.
(b) If the delivered
data carrier is faulty, the purchaser can demand a replacement during the
24-month guarantee period. For this, he or she must return the data carrier to
(c) For these reasons and for those mentioned in clause 1 of this
contract, UpdateStar accepts no responsibility for mistakes in the software. In
particular, UpdateStar does not guarantee that the software will meet the
particular requirements and demands of the user or that it will function
together with other software he or she has chosen. The user is responsible for
the correct choice of software and the consequences of the use of that software,
as well as the results aimed at or intended. The same principle applies to the
written material that accompanies the software. If the software is fundamentally
unfit for use as described in clause 1, the customer has the right to cancel the
contract. UpdateStar has the same right should the creation of software that is
fundamentally fit for use as described in clause 1 not be practically possible.
(e) UpdateStar is not responsible for any damages, unless such damages are
caused deliberately or arise from gross negligence on the part of UpdateStar. In
contracts with traders, an assumption of responsibility for gross negligence is
excluded. This does not apply to assurances by UpdateStar that refer to specific
characteristics. Responsibility for damages not included in such an assurance
will not be accepted.
10. Third-Party Licenses
This product includes
software developed by the OpenSSL Project for use in the OpenSSL Toolkit.
If the license-holder is a
registered merchant under German law, the law that applies to this contract is
the law of the Federal Republic of Germany. In this case, the state and federal
courts of the Federal Republic of Germany assume responsibility.
If you have
any questions regarding the licensing of UpdateStar software or you wish to
contact UpdateStar, please get in touch with us as follows:
Gneisenaustr. 44/45, 10961 Berlin, Germany
+49-30-69200652 / Fax +49-30-692006529
Germany: Tel. (030) 69200652 / Fax
Last Updated: 2015-09-01