Software and license / end user license agreement (EULA) Copyright © 2008-2024 Jörg Krahe Revision: 1.1.9 Please read this Software License Agreement 'EULA' carefully before you install, use or buy the software. By using (in particular using, installing and buying) the Software, you agree to the terms of this EULA. Licensor: Jörg Krahe Software: TurboSFV CE § 1 Subject matter and scope of application of this EULA (1) The subject matter of this License Agreement is the computer software 'TurboSFV CE' in the current version at the time of acquisition (both the x86 and the x64 type), the user documentation (user manual) as well as any other corresponding written material and program parts (including the mobile version 'ME'), hereinafter referred to collectively as the 'Software'. (2) Subject to the terms of this EULA, the Licensor grants to the Licensee the right to use the Software accordingly against payment of remuneration ('Registered Version'). The Licensor shall remain entitled to all other interests in the Software. (3) It is expressly pointed out that this EULA shall endure in addition to any sales agreement with the respective sale and distribution company. § 2 Copyright (1) The Software is protected under copyright law in accordance with the provisions of computer programs. The copyright comprises in particular the program code, the documentation, the appearance, the structure and organization of the program files, the program names, corresponding logos and other forms of representation within the Software. The Licensor as manufacturer shall be entitled to all interests resulting from the copyright and the international Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). (2) If the Licensee accesses third party material protected under copyright with the Software, attention shall be paid to the respective property rights of the aforementioned persons. § 3 Scope of the license (1) General (a) The EULA entitle the Licensee to use the Software individually in the normal way. This shall comprise installing the Software and preparing a backup copy, loading the Software into the memory and the normal program execution. This license shall not apply to other kinds of use. (b) The User is not entitled to perform modifications to the Software. In particular, copyright notices, series numbers or other special features serving to identify the program may not be removed or altered. Reverse engineering, decompiling or disassembling the Software is prohibited. In other respects, sections 69d, 69e of the German Copyright Act [Urheberrechtsgesetz (UrhG)] shall remain unaffected. (c) In particular, registration code algorithms and registration codes may not be published or sold and distributed. (2) Registered Version (a) The Software is not 'free' Software. The Licensee is not allowed to sell, distribute and alter copies of the Software in any way. (b) By paying the license fee completely and without reservations to the respective sale and distribution company, the Licensee shall receive a simple, non-exclusive license in principle not restricted in time to the Software as well as to the corresponding documentation for own purposes. (c) The Licensee gets an own personal registration code after paying the license fee. (d) The Registered Version shall only be installed and used at the same time on one computer and by one person. For using the Software by several persons, each User shall be required to acquire an own license from the Licensor. (3) Updates and New Versions (a) By paying the license fee for the registered Version, the Licensee has the possibility to download the respective available updates for the acquired version of the Software from the Licensor’s website. These downloads within the respective version of the Software are free of charge. (b) As soon as the Licensor brings a New Version of the Software onto the market, the Licensee may acquire a license for the New Version of the Software by paying a further license fee. (c) In each case the Licensor will mark the New Version and the Updates obversely. (4) Technical support By paying the license fee, the Licensee shall be allowed to use the technical support as described under http://www.turbosfv.com. § 4 Software Transfer A transfer of the license of the Software and the EULA for acquisition purposes is not permitted. In other cases a transfer shall only be permitted after informing the Licensor beforehand and if the third party has declared in writing that it accepts these terms and conditions of the EULA, provided the initial user retains no copies and back-up copies at all of the Software. After the transfer the initial user is not allowed to use the Software anymore. § 5 Sale and distribution The sale and distribution [(§ 3 (2)] shall take place exclusively through the Licensor or through an independent third party sale and distribution company to be specified by the Licensor. § 6 Liability (1) The Licensor shall only be liable for those losses or damages, foreseeable and expectable in the moment of contracting; and if the loss or damage is caused by a breach of a material obligation which interferes the performance of the EULA. Usually the liability shall be restricted to the license fee paid. The Licensor is not liable for damage and losses that are based on a slightly negligent breach of non-material contractual obligations and/or for lost profit. (2) The restrictions on liability stated in § 6 (1) shall not apply to damage or losses that are based on intent and gross negligence. (3) Furthermore, the Licensor is not liable for the recover of data, unless the Licensor has caused its destruction by acting with gross negligence or intent. The Licensee is aware to carry out a regular backup of data in accordance with the obligation to reduce damage and loss. In the event of a suspected Software error the Licensee shall take all reasonable additional backup measures. § 7 Termination of the Agreement (1) Without prejudice to any other rights, the Licensor may terminate this EULA if the Licensee is not in compliance with all the terms and conditions of this EULA. (2) If the Agreement is terminated based on one of the reasons stated above in item (1), the Licensee is obliged to delete and accordingly uninstall all copies of the Software and Software parts on the computer. § 8 Final provisions (1) This Agreement is subject to German law. The provisions of UN sales law shall not apply. (2) If the Licensee is a merchant or a legal person under public law, Cologne shall be the exclusive venue for all disputes directly or indirectly resulting from the contractual relationship (EULA). The court language and the language in out-of-court settlement of dispute proceedings shall be German. All disputes arising from this EULA are based on the German wording of this EULA. (3) Should one of the provisions or part of these terms and conditions of the EULA be invalid or unenforceable in accordance with the relevant laws, this shall not affect the remaining part of the terms and conditions of the EULA. Instead of an invalid provision of this EULA, a valid provision that approximates most closely to what the parties intended shall be considered to apply. (4) Contact information Technical Support: support@turbosfv.com Homepage: http://www.turbosfv.com