Contracts · Customer Information
License Agreement/Terms and Conditions
This License Agreement is entered into between you (the end user, licensee) and Kiwis & Brownies – Christian Kiewaldt and Benjamin Braun GbR, the developer and provider of the software/application. Given the current state of technology, it is not possible to create software that operates flawlessly in all use cases. The subject matter of this agreement is therefore limited to software that is fundamentally usable as described in the program description. Please read the following information carefully before installing, using, licensing, or distributing this software. By installing, using, licensing, or distributing the software, you agree to this License Agreement. If you do not agree to the terms of this Agreement, you are not authorized to install, use, license, or distribute the software.
1. Subject Matter of the Contract
1.1 The subject matter of the contract is the provision of software from the Provider’s “Create Your App” system for non-transferable use.
1.2 The scope of services is determined by the product description valid at the time of the order.
2. Right of Use
2.1 The Provider grants the Customer the non-exclusive, non-transferable rights of use to the software necessary for the use of the services covered by this Agreement.
2.2 To the extent that the Provider grants the Customer the right to use third-party software, i.e., software created by third parties, the scope of the rights of use granted to the Customer is limited to the scope of the rights of use that the third party has granted to the Provider. In this case, the Provider is obligated to disclose to the Customer the scope of the rights of use granted to it by the third party.
2.3 Any use exceeding the contractually agreed scope, in particular simultaneous use of the software beyond the single license, constitutes a breach of contract. In this case, the licensee is obligated to notify the licensor of the excessive use without delay. For each instance of a breach, the licensee shall pay the licensor a contractual penalty of 10,000 euros, excluding the principle of continuing offense.
2.4 There may be different license types as well as free versions of the respective software.
– Free Version: The terms of use, content, and any associated services for the free version can be found on the manufacturer’s website in the currently available version. If you no longer wish to use the software, it must be completely uninstalled and deleted. Use of the software without a license beyond the specified period constitutes a breach of the license agreement and will be subject to both criminal and civil prosecution.
– Licensed versions The terms of the licenses, as well as their content and any associated services, can be found on the manufacturer’s website in the current version available at the time of order. By purchasing a user license, the end user receives one of the licensed versions and the right to use the software, as well as all updates released within the specified license term following licensing, in accordance with these terms. Any breach of the contract by the user will result in the termination of the right of use. A single license may be used exclusively once for a single purpose, for the specified term of the license. Transferring, giving away, lending, renting, or leasing the software is not permitted.
3. Copyright
The software, the documentation, and the program and data design are protected by copyright.
4. Obligations and Liability of the Licensee
You are obligated to
– ensure that the licensed version and the license data do not fall into the hands of third parties. In the event of a breach, a lump-sum compensation of 10,000 euros is payable. If greater damages have been incurred, we reserve the right to claim additional compensation and to take criminal action.
– to check the results created with the software (e.g., data backups for data backup software) for completeness and accuracy immediately after creation.
– to regularly back up the data created with the software, depending on the version and availability, and to verify the functionality of the data backup.
– to securely store the data required to activate the software. The manufacturer is under no obligation to make the software or the activation data available again once they have been provided.
– to notify the manufacturer if you have not received the software within 8 days of ordering and payment (e.g., due to a technical issue).
– Ensure that the manufacturer has your valid email address if you wish to be notified of the release of free updates.
5. Warranty
The software is provided “as is.” The manufacturer makes no guarantee that the software will remain functional at all times in the event of changes to the operating environment or external systems. The licensee is responsible for the proper selection and use of the software, and thus also for any consequences arising from the use of the software.
6. Right of Withdrawal
Since the software is not suitable for return due to its nature, a return is not possible (see § 312d BGB, para. 4). However, the user has the option to thoroughly test the software using the free versions prior to licensing.
7. Liability
The manufacturer is liable only for damages caused by willful misconduct or gross negligence. Liability for indirect and consequential damages is excluded.
8. Transfer
The transfer of the software is not permitted.
9. Remuneration, Billing, Payment Terms
9.1 The contract becomes legally valid upon payment of the license fee.
9.2 The customer agrees to pay the provider the remuneration in the manner and amount agreed upon in the offer, corresponding to the products selected by the customer as per the product description.
9.3 The Provider is entitled to increase the remuneration for the services it offers in accordance with its Terms and Conditions.
9.4 The license fee is due in advance for the respective period of use and must be paid immediately.
9.5 If the license fee is canceled or if the Provider does not receive the full amount of the fee, the Customer’s access will be automatically blocked and the software/application will be immediately disabled.
9.6 The license fee is based on the current prices listed on the provider’s order page.
9.7 Upon expiration of the license term, the provider reserves the right to increase or decrease prices.
10. Place of Jurisdiction
The place of jurisdiction is Gummersbach. The laws of the Federal Republic of Germany apply exclusively.
11. Validity, License Term
The license agreement and prices in the current version available on the manufacturer’s website apply. The license expires or ends automatically at the end of the respective license term.
12. Data Storage
The Provider reserves the right to store all data collected using the software/application for an indefinite period and to use it for its own purposes.
13. Miscellaneous
Third-party terms and conditions of contract and purchase are not recognized.
14. Severability Clause
No ancillary agreements have been made. Should any provision of this agreement be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely approximates the intent of the invalid provision in favor of the manufacturer.