End User License Agreement

This End User License Agreement is a legal agreement between the end user of the Software (hereinafter also referred to as "Licensee") and Niklas Wenzel, Swinemünder Straße 83, D-13355 Berlin, Germany (hereinafter also referred to as "Licensor"). Please read this Agreement carefully before purchasing the Software. With the purchase of the Software or the activation of your license key, the following provisions shall be deemed to be bindingly agreed upon.

§ 1 Subject of the Agreement

The subject of this Agreement is the computer program "Handclaps" developed by the Licensor to create videos for hip hop beats, the documentation of the program as well as all other related written material. All these items and documents are hereinafter referred to as "Software".

§ 2 Copyright Protection

All copyrights and other proprietary rights to the Software (including all new versions, i.e. updates, upgrades, etc.) are the exclusive property of the Licensor in relation to the Licensee.

§ 3 Scope of Use

(1) The Licensor grants the Licensee a simple, non-exclusive, personal, non-transferable, non-sublicensable and perpetual right (hereinafter also referred to as "License") to install and use the Software on one computer. The Software is "in use" when it is loaded into temporary memory (i.e. RAM) or stored on a permanent storage medium (e.g. a hard drive or other storage device) of that computer.

(2) The Licensee acknowledges that the Software has been made available to him/her exclusively for his/her own use. Any further use is not permitted.

(3) The Software can be used on all devices that meet the system requirements. The Licensor assumes no responsibility for the usability and proper functioning of the Software when used on/with other devices.

§ 4 Provision of the Software

(1) The Licensee shall receive the Software by download exclusively in object code (executable version). The Licensee shall not be entitled to be provided with the source code. The rights of use granted relate solely to the use of the Software in object code. After downloading the Software, the Licensee shall be responsible for installing the Software on his/her system.

(2) The Licensee is entitled to at any time download the latest version of the Software at no additional cost. The provision of updates free of charge is a voluntary service of the Licensor and may therefore be discontinued by the Licensor at any time and without cause with effect for the future.

§ 5 Special Restrictions

(1) The Licensee is prohibited from modifying or translating the Software or creating works derived from the Software. The Licensee is not entitled to reverse engineer, decompile, or disassemble the Software or otherwise attempt to make the source code of the Software accessible.

(2) The use of the Software in SaaS, outsourcing or data center operation as well as the use of the Software by or for third parties against payment or free of charge shall require the prior written consent of the Licensor.

(3) In the absence of other agreements, for open-source software that the Licensor supplies to the Licensee the license terms under which the open-source software is made available to the general public shall take precedence over the terms of this License Agreement. The open-source license terms may contain, in particular, provisions on the granting of rights of use and on warranty and liability that deviate from the provisions of this License Agreement.

(4) Notwithstanding the provisions of Paragraph 1, the Licensee is permitted to modify used open-source libraries licensed under the "GNU Lesser General Public License" for his/her own use and to perform reverse engineering solely for the purpose of debugging those modifications.

§ 6 Ownership of Rights

The Licensee receives the right of use agreed upon in this License Agreement. Any acquisition of further rights to the Software is excluded. In particular, the Licensor reserves all rights to publish, reproduce, edit, and exploit the Software.

§ 7 Reproduction

The Software is protected by copyright. The copyright also includes the program code, the documentation, the appearance, the structure and organization of the program files, the program name, logos, and other forms of representation within the Software. All rights are reserved and protected by international treaties and copyright laws. The Licensee is only allowed to make one spare copy, which may only be used for backup purposes. The Licensee shall place or include the Licensor's copyright notice on the backup copy. A copyright notice within the Software as well as the registration numbers included in it may not be removed. It is expressly prohibited to copy or reproduce the Software, as well as the written material, in whole or in part, in its original or modified form, or in a form mixed with other software or included in other software.

§ 8 Transfer of the User Right

The right to use the Software may be transferred to a third party only with the prior written consent of the Licensor and only under the terms and conditions of this Agreement. Giving away, renting, leasing, and lending of the Software are expressly prohibited.

§ 9 Duration of the Agreement

The Agreement shall be for an unlimited period of time. However, the Licensee's right to use the Software shall expire - even without termination - if the Licensee violates any term of this Agreement. Upon termination of the right to use the Software, the Licensee shall destroy the downloaded files and all written material as well as all copies of the Software, including any modified copies and written material.

§ 10 Modifications and Updates

The Licensor is entitled to make updates to the Software at its sole discretion. The Licensee shall not be entitled to the implementation of any modification or update by the Licensor.

§ 11 Liability

a) According to the current state of technology, the occurrence of program errors in software cannot be completely excluded. Therefore, the subject of this Agreement is only software that is fundamentally usable in the sense of the program description and the user manual.

b) For the reasons stated above under a), the Licensor shall not assume any liability for the Software being free of errors. In particular, the Licensor does not warrant that the Software will meet the Licensee's requirements and purposes or will work together with other programs selected by the Licensee. The responsibility for the correct selection and the consequences of the use of the Software as well as the results intended or achieved therewith shall be borne by the Licensee. The same applies to the written material accompanying the Software. If the Software is fundamentally unusable in the sense of lit. a), the Licensee shall have the right to rescind the Agreement. The Licensor shall have the same right if the production of usable Software within the meaning of lit. a) is not possible with reasonable effort.

c) The Licensor shall not be liable for any damages arising from the use of this Software or the inability to use this Software (including, without limitation, damages for loss of profits, business interruption, loss of business information or data, or other financial loss), even if the Licensor has been advised of the possibility of such damages. This shall not apply if liability is mandatory due to intent or gross negligence.

d) The statutory liability for personal injury and under the German Product Liability Act shall remain unaffected by the above provisions.

§ 12 Place of Jurisdiction

(1) This Agreement shall be governed by the laws and regulations of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-laws rules of International Private Law.

(2) The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be, to the extent permitted by law, the Licensor's registered office if the Licensee is a businessperson within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law. The Licensor shall, however, also be entitled to take legal action at the Licensee’s place of general jurisdiction.

§ 13 Final Provisions

If individual provisions of this License Agreement are invalid, the remaining provisions shall remain in effect. In place of the invalid provision, a valid provision that comes as close as possible to its economic purpose shall be deemed to have been agreed.