Last Updated: Jan 2, 2019
Creative Software Solutions GmbH, Deisterstrasse 20, 31785 Hamelin (from now on “CSS") is the provider of this desktop application and browser extensions/add-ons, which can be installed on your computer by you. In the following these products are referred to as “software” or “CSS Software”.
PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING ANY SOFTWARE BY CSS
This End-User License Agreement governs the use of CSS Software and how the services that CSS provides through its software.
1. General Agreement
This End-User License Agreement ("EULA") is a legal agreement between you the user of the software and Creative Software Solutions GmbH, its parent, affiliate and subsidiary companies (collectively, "CSS", "we", "us" or "our") for the CSS Software. By installing or otherwise using the CSS Software, you:
- a.agree to be bounded by the terms of this EULA
- b.you own or an authorised user of the computer on which the CSS Software will be installed
- c.you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions, just as if you had signed it. The terms of this EULA also applies to any CSS Software updates, supplements, and services.
- d.You must be 18 years of age or older to install or to use the CSS Software. The only
exception is if you are 13 or above (as EEA citizen 16 or above) and have full consent of your
parent or legal guardian. Your parent or legal guardian must review this EULA on your behalf
and discuss any questions you might have and install the CSS Software for you.
- Notice for Parents or Guardians: By granting your child permission and downloading CSS software for them, you agree to the terms of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use the CSS Software or associated features.
If you do not agree to the terms of this EULA, do not install or use the CSS Software
Due to continued efforts to enhance the software, the acquisition of new software and business CSS may at any time update, or amend the software or these terms that regulate the use of the CSS Software. These terms will continue to be applicable until replaced by a newer version. If you do not agree with any of these amendments, you must deinstall or discontinue using the CSS Software.
Some annexes or section may, if stated, only apply to certain software and have no effect on other CSS Software.
As CSS Software is distributed worldwide, the laws of the jurisdiction where you live can vary. The rights that you may have due to local jurisdiction can not be waived through this agreement. In the case were terms of the agreement are unenforceable, the remainder of the agreement remains binding and in effect. You have the right to consult local government agencies or legal guidance to inform yourselves about your rights.
By downloading CSS Software you will install software applications, browser extensions and/or modify browser settings. This can apply to a number of Operating Systems or Web Browsers. This can apply to one or more Internet Browser installed on your computer. If you do not wish to have CSS software on your computer you must not accept its installation or deactivate the update functionality to refrain from further software being installed.
2. Software Functionality
CSS offers a variety of software with a diverse set of functionalities and services. With further development the functionality may undergo change. For a description of the functionality of the CSS Software visit the accompanying website.
In accordance with your consent of the terms and conditions of this EULA, CSS grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the software in its most current generally available version (including all updates thereafter) solely for your lawful, personal, and non-commercial use.
4. Description of Other Rights and Limitations
- a.Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the CSS Software or use the CSS Software for the benefit of any third party. You may not install the CSS Software on any computer without permission from the owner of that computer. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the CSS Software, except to remove our CSS Software from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any CSS Software, or attempt to do so for any reason. You may not access, create or modify the source code of any CSS Software in any way. You do not have the right to and may not create derivative works of any CSS Software. All modifications or enhancements to an CSS Software remain the sole property of CSS.
- b.Updates. We reserve the right to add or remove features or functions of existing CSS Software. When installed on your computer, the CSS Software periodically communicates with our servers. We may require the automatic or manual updating of the CSS Software on your computer when we release a new version of the CSS Software, or when we make new features available. Even if there is a mandatory software update or change in terms you are are required to confine to accept the new terms, unless you decide to invoke your right to delete the software.
- c.Data Usage. If you access an CSS Software through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. Downloading, installing or using certain CSS Software may be prohibited or restricted by your network provider and not all CSS Software may work with your network provider or device.
5. Use and Reliance on Third-Parties
At times CSS Software may integrate, be integrated or rely on third party services to operate:
- a.Third-Party Content and Service.CSS Software may integrate, be integrated into, bundled, or be provided in connection with third-party services, software and/or content. If you are installing an CSS Software that includes or was included in third party services and content, these are subject to the terms of conditions and privacy policies of the respective third party. To find more details on these policies please view the respective service or content providers website. Through the use of CSS Software you may have access to third party content and resources. CSS has no control over this content, thus you must acknowledge and agree that CSS is in no form responsible or liable for the content, the rights to the content, it’s availability, any advertising, products or any other material. Further CSS is not responsible or liable, directly or indirectly for any damage, right infringement or loss caused or alleged to be caused in connection with use or reliance on any such Content or resources.
- a.Access to Third-Party Services and Content through CSS Software.All services, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through a CSS Software, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an CSS Software you may be exposed to Content that may be offensive, indecent or objectionable in your community. You are responsible for determining the relevant allowance or legal basis for downloading and using any content, that there is no infringement of any copyrights and you agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will CSS be liable in any way for any Content created by or originating with entities other than CSS, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of an CSS Software.
7. Performance & Security
We have a strong focus on security to ensure a safe use of our software and aim to prevent unauthorised access to information we collect online through CSS Software. By utilising industry technology standards to safeguard our systems and the communications, we aim to preserve the confidentiality of information and assure a stable service. Unfortunately, no system can be 100% secure and operational; accordingly, we cannot guarantee the security and availability of our systems.
8. Intellectual Property
CSS owns the right to all code, software, graphics, logo, documentation or other data provided though or with the distribution of CSS Software. These rights are protected by international copyright and trademark laws. These may not be reproduced and / or distributed, analyzed, decompiled, or changed without the consent of CSS.
9. Un-install/Removal of a CSS Software
You may at any time deinstall or remove the CSS Software, you will find more detailed information on how to deinstall on our website. If you do not or no longer agree to the most current EULA of CSS Software then you are obliged to deinstall all CSS Software.
CSS holds the right to to modify, suspend or discontinue any of these terms or the right to access it’s services and software at any time at its sole discretion. You agree that CSS is not liable to you or any third-party for any termination or disabling of the CSS Software.
11. Warranty Disclaimer & Liability Limitation
CSS Software is considered on a “As Is” and “As Available” basis. Meaning the you have no right to modifications alterations, warranties of any kind and that its use is under your sole choice and risk. CSS provides no guarantees that the services and software are available, secure, error-free, functional or any other form of guarantee. Further CSS refuses to provide warranties relating thirdparties and their content.
You clearly understand and fully agree that CSS is not liable for any direct, indirect, incidental, consequential or exemplary damages or loss to (but not exclusively) profits, data, computer, network or intangible losses caused by the use or inability to use CSS Software and services, unauthorised access, transmission or alteration of data.
12. Governing Law and Other Miscellaneous Terms
Should individual provisions of the contract, including this regulations, be wholly or partially invalid, or should the contract contain a loophole, the validity of the remaining provisions will remain. Other parts of such provisions shall remain unaffected. The invalid or missing provisions, will then be replaced by the respective legal regulations of Germany. All legal disputes relating to this EULA are to be negotiated under German jurisdiction under the German substantive laws.