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End User License Agreement (EULA) for UpdateStar DriversIMPORTANT - 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 Drivers”. 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 contract
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 license. 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. By 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 allowed.
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. For such 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 UpdateStar.
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 material.
7. Compensation for breach of contract
UpdateStar would 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 agreement.
9. UpdateStar’s Guarantees and Responsibility
(a) 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 UpdateStar. (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.
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:
Kreuzbergstr. 37-38, 10965 Berlin, Germany
International: Tel. +49-30-692 00 652-0 / Fax +49-30-692 00 652-9
Germany: Tel. (030) 692 00 652-0 / Fax (030) 692 00 652-9
Last Updated: 2017-12-01