End User License Agreement

§ 1 Scope of License

(1) These general terms and conditions of license, which shall go into effect at the time of order by the customer, govern the contractual relationship between UpdateNode UG (haftungsbeschränkt) and those ("Customer") who order software at UpdateNode UG (haftungsbeschränkt). UpdateNode UG (haftungsbeschränkt) and the customer will both be referred to as the "Parties".
(2) Verbal side agreements between the parties do not exist. These general terms and conditions of license apply exclusively. Deviating or conflicting terms and conditions of the customer with these general terms and conditions of license shall not apply. This also applies when UpdateNode UG (haftungsbeschränkt) does not explicitly contradict the terms and conditions of the customer.

§ 2 Conclusion of Contract

The contract between the parties is concluded with the download by the customer. UpdateNode UG (haftungsbeschränkt) is allowed to, at any time, establish the download offer.

§ 3 Right of Termination

There is no right of termination. However, the customer may, at any time, delete any copies of the software he/she has created and thus terminate this contract.

§ 4 Downloading the Software

(1) The software can be downloaded from the download location at https://www.updatenode.com/profile/download where different versions suitable for specific operating systems are listed there. In the download section, there are also corresponding installation instructions, or corresponding links.
(2) The customer can, if he/she wishes, download the complete source code for all downloadable versions of the software, in the download location.
(3) The installation of the software is not a subject of the contract. It can be agreed to separately with UpdateNode UG (haftungsbeschränkt). Then the Terms of Service of UpdateNode UG (haftungsbeschränkt) would apply to such an installation.
(4) The customer will be offered downloadable updates for the software, which may include bug fixes and new functionalities. Therefore UpdateNode UG (haftungsbeschränkt) recommends regular updates of the software.

§ 5 Usage Rights

(1) The customer may install the software on as many computers as is desired for the purposes specified in the service description and allow free use as well as make necessary copies.
(2) The customer may acquire further rights to use the software from their respective rights holders, when he/she is finished with these license agreements under the terms of the GNU General Public License, Version 3. The license text of the GPL v3 is attached here and permits the handling and distribution of the software. Therefore, the use of the software is not covered by this contract, but rather is solely covered by the terms of the GPL v3.

§ 6 Payment

The customer receives the software free of charge. UpdateNode UG (haftungsbeschränkt) only functions due to paid compensation. The customer can ask for a support contract by emailing updatenode@turningtechnologies.com if he/she wants to, but is not obliged to in order to use the software.

§ 7 Physical and Title Defects

(1) Information about known bugs and other errors in the software are available at https://github.com/updatenode/unclient.UpdateNode UG (haftungsbeschränkt), its agents and legal representatives are liable for physical defects due to immediate malfunction damages incurred by the customer, when these damages are due to a fault in the software that has been fraudulently concealed, and consequential damages caused by the intentional or grossly negligent acts of UpdateNode UG (haftungsbeschränkt), its agents or its legal representatives. A further warranty for physical defects is excluded. Fixes are only made when the customer has entered into a separately remunerated support contract, or, without obligation, through updates as long as UpdateNode UG (haftungsbeschränkt) is offering the software for download.
(2) UpdateNode UG (haftungsbeschränkt) knows of no defects in title of the software. UpdateNode UG (haftungsbeschränkt), its agents and its legal representatives shall only be liable for defects in title, when damages incurred by the customer occur due to a defect in the Software that has been fraudulently concealed. Any further warranty for title defects is excluded.
(3) In relation to the rights holders, the warranty provisions of GNU General Public License, Version 3, expressly apply.

§ 8 Liability

UpdateNode UG (haftungsbeschränkt), its agents and its legal representative shall only be liable for malicious intent and gross negligence; any further liability is excluded. Liability under the product liability law remains unaffected.

§ 9 Applicable Law

The contractual relationship between the parties and any dispute arising out of, or in connection with this contract, is subject to the laws of the Federal Republic of Germany. If the customer is a consumer, and is not a habitual resident of the Federal Republic of Germany, the statutory consumer protection rules remain unaffected in the State of their habitual residence, if, and to the extent that they can not be derogated from these regulations under the laws of the State of their habitual residence. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.



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