License Agreement

The text has been automatically translated and is therefore not legally binding. You can find the original version in the German language here: https://iosxpert.biz/lizenzvereinbarungen/

THIS IS A LEGAL AGREEMENT

between you (either an individual or an entity) and iOSXpert Business auf Mac & iPhone.

By clicking on the “Agree” button, you are agreeing to be bound by the terms and conditions of this License Agreement. If you do not agree to the terms and conditions of this License Agreement, do not click on the “Agree” button.

1. Grant of Limited License.

(a) Iosxpert grants to you the non-exclusive right to use this iOSXpert software program, Daylite application (the “Software”) subject to the following:.

(b) The licenses granted are subject to the condition that the Licensee must ensure the maximum number of Authorized Users accessing and using the Software concurrently is equal to the number of User Licenses for which the necessary Fees have been paid to the Reseller or Iosxpert Inc. The Licensee may purchase additional User Licenses at any time on payment of the appropriate Fees to the Reseller or iOSXpert Business auf Mac & iPhone GmbH.

2. Copyright.

The Software is owned by iOSXpert and is protected by German copyright laws and by international treaty provisions. You should therefore treat the Software like any other copyrighted material (such as for example, books or musical recordings). Among other things, copyright laws prohibit you from making derivative works of the Software. You may, however, make copies of the Software, provided that you not copy the Registration Key (see Section 3(a) below).

3. Other Restrictions.

(a) You may register your copy of the Software by purchasing a Registration Key at https://iosxpert.biz/. The Registration Key will enable full usage of the Software beyond the demo limit. You may not copy the Registration Key.

(b) You may not modify, reverse-engineer, decompile, or disassemble the Software without prior, written consent from Iosxpert; And for the purpose of disabling the feature of the Software that enforces the demo limit of your copy of the Software (i.e. circumventing the Registration Key system) or for the purpose of circumventing any of the terms of this License Agreement or any other provision of law.

(c) You may not claim that the Software is yours, and you may not use the name Iosxpert to endorse or promote products derived from the Software without prior written permission.

(d) You must use the Software at all times in a manner that is consistent with the software licenses granted to you by other companies that have provided software for your computer. For example, the Daylite application is designed to be used with the Mac OS X operating system, and so you may not use the Daylite application in a manner inconsistent with the Mac OS X license agreement between you and Apple Computer, Inc.

(e) Permitted Computers: Except as otherwise agreed in writing by iOSXpert Business auf Mac & iPhone GmbH, the Licensee must only install the Software and make the Software available for use on hardware systems owned, leased or controlled by the Licensee.

(f) Responsibility for Non-controlled systems: If iOSXpert permits the Licensee to install the Software or make the Software available for use on hardware systems not owned, leased or controlled by the Licensee (Uncontrolled Systems), the Licensee will ensure the terms of this EULA are complied with by users of such Uncontrolled Systems and the Licensee indemnifies Iosxpert Inc. for all costs, damages and loss Iosxpert Inc suffers arising from such installation or use of the Software on Uncontrolled Systems.

4. Disclaimer of Warranties and Limitation of Liability.

The Software is provided “AS IS,” WITHOUT WARRANTY OF ANY KIND. iOSXpert FURTHER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND iOSXpert) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. IN NO EVENT SHALL iOSXpert OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF THE SOFTWARE, BE LIABLE FOR ANY DAMAGES WHATSOEVER; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS INFORMATION, OR FOR OTHER MONETARY LOSS, ARISING OUT OF THE USE OF THE SOFTWARE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF YOU HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL iOSXpert BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES WHATSOEVER, WHETHER IN A CONTRACT ACTION, NEGLIGENCE OR OTHER TORT ACTION, OR OTHER CLAIM OR ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE SOFTWARE OR DOCUMENTS AND OTHER INFORMATION PROVIDED TO YOU BY iOSXpert, OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR INFORMATION.

Because some states of the United States and some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you downloaded or otherwise received the Software.

5. Fees

By clicking “Agree,” you represent that you have paid Iosxpert Inc any and all applicable license fees for the Software.

6. Your Warranty to MC.

You warrant that all individuals having access to the Software will observe and perform all the terms and conditions of this License Agreement. You shall, at your own expense, promptly enforce the restrictions in this License Agreement against any person who gains access to your copy of the Software (i.e. the copy you download upon agreeing to this License Agreement or any other copy you have made from that copy) with your permission or while your employee and who violates such restrictions, by instituting and diligently pursuing all legal and equitable remedies against him or her. You agree to immediately notify Iosxpert Inc in writing of any misuse, misappropriation or unauthorized disclosure, display or copying of the Software that may come to your attention.

7. Terms of Service.

When you download the Software, iOSXpert servers will automatically log certain non-personal information from your computer, information such as your IP address. If you decide you wish to purchase a Registration Key, we require that you provide us with certain billing information that is personal to you (“Personal Information”). That Personal information includes your name, address and email. After we have received your payment from Fastspring, we save only the Fastspring transaction id. iOSXpert does not keep any credit card information whatsoever. For a full listing of Fastspringʼs privacy policy, visit http://www.fastspring.com/ privacy.php . To the extent iOSXpert may access Personal Information, iOSXpert will not transmit Personal Information voluntarily to any third party without your express consent. Your Personal Information remains in your full control. iOSXpert may, on occasion, use your IP address to help diagnose problems with our server and to administer its website. iOSXpert may provide aggregate statistics about our customers, traffic patterns, and related site information to reputable third-party vendors. In this process, the information that iOSXpert collects remains anonymous to third parties. iOSXpert may derive general information from your Personal Information and iOSXpert web site usage. iOSXpert will not voluntarily disclose, sell or trade your Personal Information to any third party without your consent.

8. Export Control Laws.

You agree to comply with all laws, rules and regulations applicable to the export of the Software. Specifically, you shall not export, re-export or transship the Software, or the direct product thereof, in violation of any Canadian laws and regulations which may from time to time be applicable. By downloading or using the Software, you are agreeing to the foregoing.

9. Injunctive Relief.

Because of the unique nature of the Software, you understand and agree that iOSXpert will suffer irreparable injury in the event you fail to comply with any of the terms of paragraph 3 of this License Agreement and that monetary damages may be inadequate to compensate iOSXpert for such breach. Accordingly, you agree that iOSXpert will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms of this Agreement.

10. Termination.

Without prejudice to any other rights and in addition to any other termination rights in this EULA, Iosxpert Inc. may terminate this EULA if the Licensee fails to comply with the terms and conditions of this EULA. Immediately upon termination of a license granted under this EULA, the Licensee must at its own cost:

(a) cease permitting access to and procure that all Authorized Users immediately cease all use of the Software; and

(b) remove all copies of the Software from its computer systems or any Uncontrolled Systems; (c) provide iOSXpert Inc. with written certification that it has destroyed all copies of the Software including all Accessible Code in its possession, custody or control.

COPYRIGHT NOTICE. Copyright (c) 1999-2020 iOSXpert Business auf Mac & iPhone GmbH, Weiser Str 32, 56170 Bendorf, Germany. All rights reserved. Any rights not expressly granted in this License Agreement are reserved.

The text has been automatically translated and is therefore not legally binding. You can find the original version in the German language here: https://iosxpert.biz/lizenzvereinbarungen/