End User License Agreement

End User License Agreement (Eula)

Published, 20. April 2016

GENERAL

All intellectual property rights in the software belong to SunsetDev Software Solutions and its suppliers. SunsetDev Software Solutions permits you only to copy, download, install and use the software in accordance with the terms and conditions of this Agreement. The product may contain product activation or online authentication protocols for protection against unauthorized access and allow permanent use of the software only after the activation process or online verification of the registered users. The Trial Version Software can be used only for a running time that is specified for each client by SunsetDev Software Solutions.

You can gather the respective requirements for the use of the product from the Live Score product description (e.g. packing, enclosed documentation). The terms and conditions for use of SunsetDev Software Solutions software / hardware by you, the end user (hereinafter termed "Licensee") appear below. By installing the software on your computer you agree to these terms and conditions. Please read the following text carefully in its entirety. If you do not approve these terms and conditions, you must not install this software.

In case you are not satisfied with the product, you are allowed to return where you have purchased it (incl. all written material as well as the complete undamaged packing) within 14 days of your purchase to become eligible for a refund of the purchase price.


1. DEFINITIONS

  1. "Software" includes (i) software files and other computer information of SunsetDev Software Solutions and third parties, (ii) video files contained therein, (iii) written documentation (manual) belonging thereto and (iv) all modified versions and copies, which are provided by SunsetDev Software Solutions in the form of updates, upgrades, patches and enhancements of SunsetDev Software Solutions provided that these are not regulated by another agreement.
  2. The software and all authorized copies of this software which you make are the intellectual property of SunsetDev Software Solutions and their suppliers. The structure, organization and code of the software constitute valuable trade secrets of SunsetDev Software Solutions and their suppliers. The software is legally protected in particular by the copyright law of the Federal Republic of Austria and other countries as well as by international treaties.



2. GRANT OF LICENSE

  1. SunsetDev Software Solutions grants you a non-exclusive limited license for the use of the software according to the terms and conditions of this End-user license agreement. You may not lease, loan or sublicense the software; unless such rights have been specifically granted through a supplement to this EULA and mentioned on the software medium (CD/DVD) and/or on the invoice. Please keep these media and documents as proof of licensing.
  2. You are entitled to prepare a backup copy of the software which will not be used for purposes other than storage purposes.
  3. You shall have no further right or interest to use the software other than the limited rights as specified in this Agreement. SunsetDev Software Solutions and their suppliers reserve all rights not expressly granted.



3. ACTIVATION OF THE SOFTWARE

  1. sunsetDev Software Solutions may use a compulsory activation of the software and/or online verification protocols for license control and prevention of unauthorized copying and use of the software. However, your consent to this EULA shall be mandatory. If you do not accept the terms and conditions of this Agreement, the software will not work.
  2. In such a case the product including the software may only be returned within 14 days following acquisition of the product. No claims under section § 11 shall apply for such returns.



4. SUPPORT, UPGRADES AND UPDATES AFTER PRODUCT REGISTRATION

  1. Support is provided only for the current version and for the previous version during one year after publication of the new version. SunsetDev Software Solutions can modify, regulate separately for special and multiple licenses and partly or completely adjust the extent of the support (hotline, on the website etc.), upgrades and updates at any time. In case of software with licensing for an educational establishment, the support may be provided according to a separate regulation, for example, with a limited number of persons with access to the usual support for a product, and the rest of users without personal registration but limited to a knowledge base with frequently asked questions and answers (FAQ). In case of Standard Edition Software, there exists only support via knowledge base or email contact.
  2. If you provide an address outside the EU, the data also can be transferred to third parties in countries which do not ensure an adequate level of data protection comparable to that applying within the EU.



5. LICENSE MODULE

  1. SunsetDev Software Solutions uses a protection scheme for license control in the case of many products. The protection scheme permanently saves the license information and regulates access to the software.
  2. The installation of the software using your activation code is only permitted for one computer. You must not install it on different machines/computers and provide the software to other people and teams.
  3. For receiving the license of the software, or installing updates or upgrades of the software the computer where the software is installed, must be connected to the server of SunsetDev Software Solutions through the Internet.
  4. The activation codes will be sent to an email-address and need to be submitted by you in the software.
  5. SunsetDev Software Solutions may require for the provision of further activation codes e.g. your proof of purchase (invoice, receipt) and a signed assurance by fax or letter stating your name, address and that the already installed software and/or activation code cannot be used any more.
  6. SunsetDev Software Solutions reserves a right to use online authentication protocols for license control and require you to register on the Service or create an online account for accessing/using the Service.



6. DEFECT AND LOSS OF THE ACTIVATION CODE

  1. In the case of a defect or loss to/of the activation code SunsetDev Software Solutions or a third party engaged by SunsetDev Software Solutions may require your proof of purchase (invoice, receipt) and a signed assurance by fax or letter stating your name, address and that the already installed software and/or activation code cannot be used any more. If everything is correct, you get your original activation code or a new one.
  2. SunsetDev Software Solutions assumes no liability or obligation if the activation code is mislaid as a result of loss, theft or otherwise. SunsetDev Software Solutions reserves the right to refuse sending a new activation code, if any type of fraud is expected.
  3. When your use of the App is subject to login authentication, you may be allowed to recover your lost/forgotten passwords by answering the account recovery questions, failing which you shall submit a proof of purchase and account ownership to recover your login information.



7. MODIFICATION OF THE SOFTWARE

  1. A modification of the software is not permitted. You may not decompile, disassemble, carry out reverse engineering or try in another manner to determine the source code of the software, unless this is permitted by law. Furthermore, you must not modify the binary code of the software to bypass in any manner the activation function or the use of the license module.



8. NO UNBUNDLING

  1. The software usually contains a variety of different files which in its configuration ensure the complete functionality of the software. The software may be used as one product only. You must not arrange components of the software in a new way and develop a modified version of the software or a new product as a result. The configuration of the software may not be modified for the purpose of distribution, assignment or resale.



9. ASSIGNMENT OF RIGHTS

  1. Subject to your entire agreement with SunsetDev Software Solutions, you may assign all your rights and obligations to another person or entity provided that (a) you assign to this other person or entity (i) this Agreement and (ii) the software or hardware provided with the software, packed or preinstalled thereon, including all copies, upgrades, updates, backup copies and previous versions, which granted a right to an update or upgrade on this software, (b) you do not retain upgrades, updates, backup copies und previous versions of this software and (c) the recipient accepts the terms and conditions of this Agreement as well as other regulations pursuant to which you acquired a valid software license.
  2. A return of the product due to a failure to accept the terms and conditions of this Agreement, e.g. the product activation, shall not be possible following the assignment of rights.
  3. Unless properly assigned and consented by SunsetDev Software Solutions, there shall be no third party beneficiaries to this End-user license agreement.



10. UPGRADES AND UPDATES

  1. The acquisition of an upgrade or update does not in itself confer any right to use the software.
  2. The right of support for the previous or inferior version of the software expires upon the installation of an upgrade or update.



11. LIMITED WARRANTY - "GEWÄHRLEISTUNG"

  1. The warranty ("Gewährleistung") for you as first buyer of the software located within the European Union (EU) is specified in Subsection 11.2 and the warranty for you as first buyer of the software located outside the EU is specified in Subsection 11.3 of this Agreement.

  2. Limited Warranty within the EU: In the event that you as a first buyer of the software are located within the EU, the following limitation of liability shall apply.
    1. If SunsetDev Software Solutions has sold the software directly to you as an end user, SunsetDev Software Solutions warrants ("gewährleistet") that the software essentially executes the functions described in the enclosed documentation upon receipt, provided that the software is employed in accordance with the minimum requirements for the operating system and the computer hardware. Insignificant divergences from the functions described in the documentation do not give rise to any warranty claim. Other documents and statements are unremarkable for the composition of the product.
    2. If the user is consumer within the EU, the statutory warranty ("Gewährleistung") to defects of the product shall apply. If the user is a businessman, SunsetDev Software Solutions provides warranty for defects of the product at its discretion by further fulfillment (improvement or substitute delivery) within one year. However, there exists no warranty for Trial Version Software.

  3. Limited Warranty outside the EU: In the event that you as a first buyer of the software are located outside the EU, the following limitation of liability shall apply.
    1. SunsetDev Software Solutions ensures ("gewährleistet") to the person who acquires first-time the license for the use of the software according to this Agreement, for the duration of ninety (90) days as of receipt of the software, that the software executes essentially the functions described in the enclosed documentation at receipt, provided that the software is employed according to the minimum requirements for the operating system and the computer hardware. Insignificant differences of the functions described in the documentation do not justify any warranty claim. Other documents and statements are insignificant in terms of the quality of the product.
    2. If the software does not essentially fulfill the functions described in the documentation, an exchange of the software or a refund of the selling price at the discretion of SunsetDev Software Solutions shall be the sole remedy under this agreement.
    3. Further warranty obligations according to the laws of your country will remain unaffected. However, no warranty shall be applicable for Trial Version Software.



12. LIMITATION OF LIABILITY

  1. The limitation of liability for you as first buyer of the software located within the EU is specified in Subsection 12.2 and the limitation of liability for you as first buyer of the software located outside the EU is specified in Subsection 12.3 of this Agreement.

  2. Limitation of Liability within the EU: In the event that you as a first buyer of the software are located within the EU, the following limitation of liability shall apply.
    1. Irrespective of the legal grounds SunsetDev Software Solutions shall only be liable to compensate or replace futile expenses in accordance with the following stipulations.
    2. SunsetDev Software Solutions shall be liable for damages caused by the intentional or grossly negligent conduct of SunsetDev Software Solutions, its legal representatives, managerial employees or any other vicarious agents and damages arising from death, bodily damage and damage to health from the assumption of a guarantee or from a procurement risk as well as SunsetDev Software Solutions's liability for damages pursuant to the Product Liability Act (Produkthaftungsgesetz). In the case of damage caused by the grossly negligent conduct of any other vicarious agents, the liability shall be limited to those damages which are typically to be expected within the scope of an agreement such as the present one. Any further liability under this Agreement shall be excluded.
    3. In the case of damage caused neither by intentional nor by the grossly negligent conduct of SunsetDev Software Solutions, SunsetDev Software Solutions shall only be liable where an obligation is violated, the fulfillment of which is of particular significance to the achievement of the contractual purpose (cardinal obligation). In this case, the restrictions of liability pursuant to the foregoing subsection 12.2.2 sentences 2 and 3 shall apply. In case of Trial Version Software, the liability for damages according to this subsection shall be excluded.
    4. The liability for loss of data shall be limited to the typical cost and effort of retrieving the data which would have occurred, if the data had been stored properly and in a risk-adequate manner.
    5. This limitation of liability for SunsetDev Software Solutions shall also apply for the benefit of SunsetDev Software Solutions's employees in the event that any claims are filed directly against them.

  3. Limitation of Liability outside the EU: In the event that you as a first buyer of the software are located outside the EU, the following limitation of liability shall apply.
    1. Except for the aforementioned rights SunsetDev Software Solutions or SunsetDev Software Solutions's authorized distributors assume no liability for loss, damages, claims or costs of any type, direct or indirect damages including consequential damages arising from business interruptions, injuries to persons, or lack of due care or claims of third parties, even if a representative of SunsetDev Software Solutions was informed about the possibility of such losses, damages, costs or claims. This limitation shall apply also in the event of a fundamental breach of this Agreement.
    2. The total liability of SunsetDev Software Solutions and its distributors in the context of this Agreement shall be limited to the amount which was paid for the software, if any.
    3. The aforementioned restrictions shall not apply in countries where a limitation of liability is inadmissible.



13. INFRINGEMENT

  1. You should inform SunsetDev Software Solutions promptly in writing if a third party raises any claim against your use of the software. SunsetDev Software Solutions may defend you, if you reasonably support SunsetDev Software Solutions.



14. CANCELATION POLICY

  1. Cancelation
    You may cancel this agreement within 14 days of your purchase or license acquisition without any need to disclose the reasons for such cancellation. To exercise your right for cancelation please send your explicit written cancelation to:
    • Christian Dangl
      SunsetDev Software Solutions
    • Am Wehr 7
      4690 Oberndorf bei Schwanenstadt
    • office@live-score-app.com
    • +43 699 81711873
    via e-mail or post.

    You can, but do not have to, use one of the following forms as a template:
    Alternatively, you can login to your account and raise a cancellation request within the stipulated 14 days. Once you properly notify us, it shall be sufficient to ensure your right to cancel this agreement.

  2. Effects of cancelation
    If you cancel your contract we will refund you all payments that were part of this contract and we have received from you (with the exception of the payments that result from you choosing a more expensive shipping option than the cheapest standard shipping option provided by us) as soon as possible but latest within fourteen days from the day we received your notification about the cancelation of the contract. The refund will be done with the same payment option than the one used by you for the original transaction, if nothing else was explicitly agreed on. In no case we will charge you any fees for the cancelation of your contract.



15. FINAL PROVISIONS

  1. This End-user license shall be deemed as part of your entire agreement with SunsetDev Software Solutions, including the subsidiary agreements that may be concluded between the parties.
  2. All supplements, amendments or waiver to any requirement/condition under this agreement shall be made in writing.
  3. If any provision of this Agreement is declared void or become invalid, in whole or in part, this shall not affect the validity of the remaining conditions. The invalid clause/section shall be limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without affecting the remaining parts of this agreement. When feasible, the severed provisions shall be replaced by the valid regulations in the true spirit and commercially desired purpose as originally intended for the ineffective provision. The same shall apply in the case of a lacuna.
  4. The failure of SunsetDev Software Solutions to exercise or enforce any right or provision of this EUL shall not constitute a waiver of such right or provision in the future.
  5. This Agreement shall be governed and construed by the Austrian laws, and the UN Convention on the International Sale of Goods (CISG) shall not apply.
  6. The exclusive place of jurisdiction with respect to all disputes based on or in connection with this Agreement shall be Vöcklabruck, Austria. SunsetDev Software Solutions can bring an action against you at your general place of jurisdiction.