EULA
This is a license agreement ("EULA") between the end user and foreverloops e.U. ("foreverloops").
This Agreement establishes the end-user's right to use this application.
By installing the software, the end user agrees to this agreement.
1. Definitions
1.1 "Software" means the computer program licensed under this Agreement,
including all updates and upgrades, except for other content
1.2 "Content" means any audio, video or photo files included in the
application, other sounds and templates containing appropriate files
1.3 "Application" means Software and other content
1.4 "Upgrades" means Supplementary versions of a software
1.5 "License Seat" means the license assigned to a particular terminal
of the end user
1.6 "Terminal" means any physical or virtual device capable of processing
data using a programmable calculation rule (such as PC, laptop,
mobile device, etc.) in conjunction with a processor
1.7 "Commercial Use" means any commercial use or use for the purpose
of making profit
2. Scope of use
2.1 foreverloops grants the end user the non-exclusive, non-sublicensable,
non-transferable right to use the application on one (1) license seat
for personal use as well as for commercial purposes, under the conditions
specified in this Agreement.
2.2 The contents may be used for both personal and commercial purposes.
However, a transfer to third parties for commercial purposes is not
permitted.
2.3 Contents may not be extracted from the templates and used independently
of the work results created by the software.
2.4 The use of upgrades requires the use of the basic product.
An isolated transfer of an upgrade to third parties is, therefore,
not permitted.
The End User agrees that the Application may automatically download and
install reasonable and/or necessary updates and upgrades.
There is no obligation for foreverloops to support the previous version(s).
2.5 If the application contains third-party content, the (license) provisions
of the corresponding providers shall be observed in addition to the
General Terms and Conditions and the EULA of foreverloops.
2.6 Intellectual property rights and other intellectual property rights are
recognized by the End User and remain with foreverloops.
3. Usage restrictions and protection of the software
3.1 The End User is prohibited from passing on, selling, lending, renting, or
copying the Application to third parties.
3.2 The End User is prohibited from copying, editing, modifying, decrypting or
copying the Software.
Furthermore, the decompilation, the reverse translation of the object code
into the source code or the reverse engineering is prohibited.
No derivative or modified forms of the Software may be created.
3.3 The End User is prohibited from making the application or parts of the
application available through a network that allows multiple users to
simultaneously use it.
3.4 The End User is prohibited from removing, altering or disguising product
identifications, copyright notices or other legal notices of intellectual
property in the application.
4. Support Services
foreverloops may provide the End User with technical support and community management
services in conjunction with the Application ("Support Services").
foreverloops reserves the right to change, suspend or terminate these Support Services
at any time and for any reason.
You can contact foreverloops for support via
support@foreverloops.com.
5. Warranty and Liability
5.1 To the extent permitted by law, the Application shall be made available to the
End Useras provided. foreverloops does not warrant that the Software is free
of defects. Warranties of merchantability, satisfactory quality, fitness for a
particular purpose, or compatibility with third-party Software are not provided.
5.2 foreverloops assumes no liability whatsoever for damages, in particular not for
personal injury, property damage, consequential damage, indirect damage or loss
of profit nor from warranty or product liability unless mandatory consumer
protection provisions stipulate otherwise.
5.3 If foreverloops becomes liable for damages under the statutory provisions, this
liability shall be limited to intent and gross negligence. The liability is
limited to the amount of the actual contract. Any further liability is excluded
unless consumer protection provisions stipulate otherwise.
5.4 foreverloops assumes no liability for the topicality, correctness,
completeness and content of the information provided.
6. Exclusion of the right of revocation
The End User takes note and expressly acknowledges that the right of revocation is excluded.
7. Termination
7.1 The End User may terminate the agreement at any time by destroying the
Application and all components.
7.2 foreverloops may terminate the Agreement at any time if the End User does not
comply with the terms of use of this EULA. In this case, the End User may no
longer use the application and must destroy it as well as all of its components.
8. Written form requirement
This agreement is final. There are no oral collateral agreements. Changes to this agreement must be agreed upon in writing.
9. Severability clause
Should any provision of this EULA be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision which most closely reflects in the commercial sense the provision to be replaced. In the event of a contradiction with the General Terms and Conditions of foreverloops, the provisions of the EULA shall apply.
10. Jurisdiction and applicable law
In the case of disputes, the court of jurisdiction for commercial customers is the relevant court at the registered office of foreverloops. Austrian law is expressly applicable; the application of UN purchasing law is expressly excluded unless mandatory consumer protection regulations do not provide otherwise.
11. Extrajudicial settlement of disputes
The following applies to End Users within the European Union:
In the case of a dispute concerning the interpretation, fulfillment or validity of the
EULA, an amicable solution shall be sought before any legal action is taken.
Complaints may be submitted to contact@foreverloops.com.
If a complaint fails, the End User can file an online complaint within one year after the
failure of the complaint on the online dispute resolution website of
the European Commission:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
or on the website of the European Consumer Center:
http://www.europe-consommateurs.eu/en/home/.
If extrajudicial redress procedures fail, proceedings may be brought before the competent
court.
