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The Licensee agrees to be bound by the terms of this EULA by copying, downloading, installing, licensing, purchasing or otherwise using the Software. If the Licensee does not agree to the terms of this EULA, the Licensee may not copy, download, install or otherwise use the Software.
1. Grant of License
1.1 The Software is licensed, not sold, and no ownership right is conveyed to the Licensee, irrespective of the use of terms in this EULA.
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1.8 The Software will, if not otherwise agreed or offered, delivered only in electronic form.
2. Third-Party Software
2.1 The Licensee acknowledges that the Software may contain software licensed by the Licensor from third parties, including open source software, and embedded in the Software, and that in addition to this EULA, additional obligations may apply in relation to any use of such third-party software by the Licensee. The Licensor shall not be liable for any third-party software.
2.2 The Software may depend on, require and use various third-party Application Programming Interface (APIs). The Licensor shall not be liable for any third-party APIs.
3. Payment Terms, Modifications and Termination
3.1 The Licensor may ask for upfront payments as a condition to grant any license to the Licensee. Any license shall only be granted to the Licensee if the Licensor has received full payment for the respective license.
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3.4 The license shall terminate automatically if the Licensor fails to comply with this EULA.
4. Limitation of Liability and Warranty
4.1 The Licensor will use reasonable efforts to provide solutions for any reported issues. The Licensor will provide maintenance and support services, unless such services cannot be reasonably expected, for the Software on the Licensee’s request within the scope of the Order.
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4.3 The Licensor shall not be liable to the Licensee or any other person for any consequential, direct, incidental, indirect or special damages of any kind due and in relation to the Software.
5. Miscellaneous
5.1 The Licensee grants the Licensor the right to use the Licensee’s company name / name and logo and any review provided or published in relation to the Software within promotional material, on the Licensor’s social media channels and on the Licensor’s website. The Licensee can revoke this right for future usage any time by submitting a respective request to the Licensor.
5.2 If any provision of this EULA should be held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall remain in full force and effect.
6. Choice of Law and Venue
6.1 This EULA shall be governed exclusively by Swiss law excluding its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
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