License

1. Under this Agreement the Vendor grants to the Licensee a non-exclusive and non-transferable license (the “License”) to use Fynancy Apps (the “Software”) for internal business purposes for a subscription period.

2. “Software” includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.

3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.

4. The Software may be loaded onto no more than one Microsoft Tenant, hosted by Microsoft as a third party. A single copy may be made for internal testing or backup purposes only. 

5. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.

6. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.

7. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.

Documentation 

8. The Vendor offers end user documentation for the licensed software for interal use of the Licensee.

License Fee 

9. The subscription fee is defined by an offer from the Vendor and is paid monthly or yearly by the Licensee and is the full consideration for this Agreement.

Limitation of Liability 

10. The Software is provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the original subscription fees of the Software the Licensee paid. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.

11. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee. 

12. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

Warrants and Representations 

13. The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.

Acceptance 

14. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) upon execution of this Agreement or the installation and use of our software.

Verification of compliant use of our software 

15. The Vendor has the right to verify the use of its software. The Licensee has to keep records of his subscription purchases of the Vendor in order to compare them with the usage of the licensed software.

User Support 

16. No user support or maintenance is provided as part of this Agreement. Please contact the Vendor for a separate offer with separate terms for user support.

Limited Warranty 

17. The Vendor limits its warranty to the local Consumer Law. 

Term of Warranty 

18. Limited warranty applies for one year after the software is installed and used by the first user. Receiving supplements, updates, or replacements to the software during that year, will be covered for the remainder of the warranty or 30 days, whichever is longer. To the extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty.

Warranty Exclusions 

19. Wrong usage and problems caused by the Licensees acting or failure to act are not part of the limited warranty and are not covered though this warranty. This applies also to the act of theirs and events that are beyond the reasonable control of the Vendor.  

Remedy for breach of Warranty  

20. In a case of a warranty breach the Vendor will repair or replace the software without a charge. If the vendor is not able to repair or replace the software, the vendor will offer the Licensee refund in the amount of the original amount on the invoice for the software. This applies also for supplements, updates and replacements of the software.

These are your only remedies for breach of the limited warranty. 

Consumer Rights 

21. You may have additional consumer rights under your local laws, which this agreement cannot change.

No other warranties 

22. The limited warranty is the only warranty given from the Vendor regarding its software. The Vendor gives no other express warranties, conditions or guaranties. 

Where allowed by your local laws, the Vendor excludes implied warranties of merchantability,  

Limitation on and exclusion of damages for breach of warranty 

23. The Limitation on and Exclusion of Damages clause above applies to breaches of this limited warranty.

Term 

24. The term of this Agreement will begin on Acceptance and is perpetual.

Termination 

25. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.

Force Majeure 

26. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.

Governing Law 

27. The Parties to this Agreement submit to the jurisdiction of the courts Hamburg, Germany for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of Germany.

Attorney’s Fees and Costs 

28. If one party of this agreement wants to file a lawsuit against the other party of this agreement regarding this agreement, the prevailing party will be entitled to recover its attorneys‘ costs, fees and other expenses. The attorneys‘ fees must be reasonable. 

Miscellaneous 

29. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.

30. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.

31. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.

32. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

33. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.

34. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.

 Notices 

35. All notices to the parties under this Agreement are to be provided at the following addresses, or at such addresses as may be later provided in writing: