End User License Agreement
Mac App Store Applications
This is a legal agreement between you (either an individual or an entity) and Marcel Bresink Software-Systeme (“MBS”) for data processing programs (“software products”) made available through the Mac App Store service. The software products are licensed by MBS, not sold, to you. Your license to each software product that you obtain through the Mac App Store service is subject to your prior acceptance of this End User License Agreement, and you agree that the terms of this End User License Agreement will apply to each Mac App Store product by MBS that you license through the Mac App Store service. Any Mac App Store product that is subject to the license granted under this End User License Agreement is referred to herein as the “Licensed Application”. Any reference to the operating system with the designation “macOS” also includes operating system versions named “Mac OS X” or “OS X”. MBS reserves all rights in and to the Licensed Application not expressly granted to you under this End User License Agreement.
(1) Scope of License
This license granted to you for the Licensed Application by MBS is limited to a nontransferable license to use the Licensed Application on any computers running macOS that you own or control and as permitted by the usage rules set forth in the Mac App Store (the “Usage Rules”). This license does not allow you to use the Licensed Application on any device that you do not own or control, and you may not distribute or make the Licensed Application available over a network in violation of the Usage Rules. You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of MBS and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
If you are an individual acting in your personal capacity, you may download and use the Licensed Application for personal, non-commercial use on any Apple-branded computer running macOS that you own or control. A single license does not allow other individuals to use the Licensed Application on a computer that you control even if that computer is part of the same household. Only in the particular case that (a) a version of the Licensed Application has been made available to the Mac App Store after June 6, 2014, and (b) the purchase of the license was conducted via an Apple ID account participating in the feature "Family Sharing" as defined and set forth by the usage rules of the Mac App Store, all individuals associated with Apple-ID accounts of the Family Sharing group of the purchaser are additionally granted permission to access, acquire, and use the Licensed Application.
If running the Licensed Application with macOS 12.1 or later, another individual registered as Legacy Contact with Apple has permission to continue the permitted use of the Licensed Application after the death of the original license owner. This service is offered at the sole discretion of Apple as set forth by their published document HT212360.
In regions where the local Mac App Store is open for use by commercial enterprises or educational institutions (in addition to private consumers), the following rules apply to such organizations: you may download the Licensed Application for use either (a) by a single individual on each of the computers running macOS that you own or control, or (b) by multiple individuals on a single shared computer running macOS that you own or control. For example, a single employee may use the Licensed Application on both the employee’s desktop Mac and portable Mac, or multiple students may serially use the Licensed Application on a single Mac located at a resource center or library.
The terms of this license will govern any upgrades provided by MBS that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
(2) Termination
The license is effective until terminated by you or MBS. Your rights under this license will terminate automatically without notice from MBS if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
(3) The Role of Apple Inc.
Apple Inc. (“Apple”) is acting as agent or commissionaire responsible for marketing and delivery of the Licensed Application to end-users. As such, Apple is not responsible for the Licensed Application and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. In the event of any failure of the Licensed Application to conform to any applicable warranty as set forth by paragraph (5), the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user. You agree that Apple may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Apple may use this collected information at their sole discretion independent of consent or knowledge by MBS. You also agree that Apple may use the Licensed Application to gather information about usage of that application on computing devices, collecting technical information about the device which could directly or indirectly be used to identify the owner of the device and/or the user of the Internet line used by the device.
Use of the Licensed Application may require sign-in with the Apple ID used to download the Licensed Application from the Mac App Store. The Licensed Application can be updated through the Mac App Store only. In case Apple should decide to close the Mac App Store and terminate the associated services, it will no longer be possible that the Licensed Application can be used on additional computers running macOS, which could be eligible for use as defined by paragraph (1), on which the Licensed Application had not been used yet at the time the Mac App Store services have been terminated. MBS is not responsible for any such decision and cannot influence it in any way whatsoever.
You and MBS acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of the End User License Agreement, and that, upon the end-user's acceptance of the terms and conditions of the End User License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the End User License Agreement against the end-user as a third party beneficiary thereof.
(4) Services and Third-Party Materials
The Licensed Application may enable access to Apple’s, MBS’s and/or third-party services and websites (collectively and individually, "Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms. By using this software in connection with an Apple ID account, you agree to the latest Apple Media Services Terms and Conditions, which you may access and review at https://www.apple.com/legal/itunes/ww/.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Apple shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Apple nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services.
You agree that the Services contain proprietary content, information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from your computing device are not available in all languages or in all countries or regions. Apple makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
TERMS APPLICABLE TO END-USERS UNDER SCOPE OF THE JURISDICTION OF THE UNITED STATES OF AMERICA:
(5) Warranty
You expressly acknowledge and agree that use of the Licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application (“Services”) are provided “as is” and “as available”, with all faults and without warranty of any kind, and MBS hereby disclaims all warranties and conditions with respect to the Licensed Application and its Services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third-party rights. MBS does not warrant against interference with your enjoyment of the Licensed Application, the functions contained in or Services performed or provided by the Licensed Application will meet your requirements, that the operation of the Licensed Application or Services will be uninterrupted or error-free, or that defects in the Licensed Application or Services will be corrected. No oral or written information or advice given by MBS or its authorized representative shall create a warranty. Should the Licensed Application or Services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
(6) Limitation of Liability
To the extent not prohibited by law, in no event shall MBS be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if MBS has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall MBS’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of forty Euros (€ 40.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
END OF TERMS APPLICABLE TO END-USERS UNDER SCOPE OF THE JURISDICTION OF THE UNITED STATES OF AMERICA
TERMS APPLICABLE TO END-USERS OUTSIDE THE JURISDICTION OF THE UNITED STATES OF AMERICA:
(5) Warranty
The feature set of the Licensed Application is defined by its technical specifications. MBS and the end-user agree in the fact that according to present technical state of art, defects in software products cannot be fully excluded under all possible circumstances. Subject of warranty is a computer program useful in compliance with its implied performance specifications. Warranty is limited to a period of two (2) years after delivery of the Licensed Application to the end-user. At the discretion of MBS, the warranty is fulfilled either by removal of defects or replacement at no cost. If removal of defects and/or replacement should prove to be unsuccessful, the end-user will have the right to notify Apple, requesting a refund of the purchase price to that end-user. The applicable statutory rights of a consumer shall not be limited by any means by this agreement.
(6) Limitation of Liability
A contractual or non-contractual obligation for the payment of damages by MBS only arises in cases of negligence or intent. Further obligations for liability potentially enforced by law remain untouched. The liability of MBS is limited to financial damages that were foreseeable at the time the License Agreement was concluded, except for cases of negligence or intent. In no case, MBS can be held responsible for loss of data, provided the loss could not have been avoided by periodic creation of backup copies in machine-readable form. In the same manner, MBS is not liable for damages caused by defects of the Licensed Application which could have been avoided by immediate verification of processed results or data. As far as claims for damages do not expire earlier in compliance with applicable law, they will expire-with exception of claims in tort and claims related to applicable product liability law-no later than two (2) years after the Licensed Application has been delivered to the end-user.
END OF TERMS APPLICABLE TO END-USERS OUTSIDE THE JURISDICTION OF THE UNITED STATES OF AMERICA
(7) Legal Compliance
You may not use or otherwise export or re-export the Licensed Application except as authorized by the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) to a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting“ region, (b) to end-users who are listed on any U.S. Government list of prohibited or restricted parties, or (c) into any region and to anyone listed as requiring export licensing of the German Federal Office of Economics and Export Control. By using the Licensed Application, you represent and warrant that you are not located in any such region or on any such list. You also agree that you will not use these products for any purposes prohibited by United States and European Union laws, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
(8) United States Government End Users
The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
(9) Severability
In the event that any one or more of the provisions of this End User License Agreement shall be found to be illegal or unenforceable, the remaining provisions of this End User License Agreement shall remain in full force and effect, such term or provision shall be deemed stricken, and the parties will negotiate in good faith to substitute a provision of like economic effect.
(10) Governing Law
The laws of the Federal Republic of Germany govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
(11) Contact Information
The following contact information shall be used for end-user questions, complaints or claims with respect to this End User License Agreement:
Dr. Marcel Bresink
Marcel Bresink Software-Systeme
Ringstr. 21
56630 Kretz
Germany
E-Mail: osxinfo@bresink.com
2022-01-01