a. Licensor: Aug. Winkhaus GmbH & Co. KG
b. Software: blueSmart app
c. Licensee: Anyone who uses the software in accordance with these licensing conditions
d. Industrial property rights: Exclusivity rights of any type that are related to the software, particularly copyrights, patents, trademark rights
e. Exploitation: Any duplication, distribution and public (online) dissemination of the software
f. Editing: any type of change to the software, compiling or decompiling the source code or modification of the source code in any other way.
2. Conclusion of contract
By downloading the software and/or installing the software, the licensee agrees to the validity of these licensing conditions.
By agreeing to the licensing conditions, the licensee receives a simple, non-transferable, non-sublicensable right of use of the software, free of charge, without any restriction on place or time and in accordance with these licensing conditions and the current instructions for use of the software. This right of use does not include any right to exploit and/or edit the software.
3. All rights are voided if the licensing conditions are violated
If the licensee violates these license conditions, their right to use the software shall be voided immediately.
4. Liability and warranty
The licensor has created the software with great care. However, the licensor does not provide any assurances or guarantees beyond the statutory warranty rights.
Subject to the following provisions, the licensor's liability is limited to the following, regardless of the legal basis:
(i) The licensor's liability is limited to the typically foreseeable damage at the time of the conclusion of contract for a slightly negligent breach of significant duties from the contractual obligation.
(ii) The licensor shall not be held liable for a slightly negligent breach of immaterial duties from the contractual obligation.
The aforementioned limitations of liability shall not apply in cases of mandatory statutory liability (particularly in accordance with the German Product Liability Act) or for the assumption of a guarantee or for culpable harm to life, limb or health.
5. Intellectual property
The software, including graphics, user interfaces and script, contains protected content and materials that are the property of the licensor and/or its licensors and which are protected by the applicable statutes for the protection of intellectual property (including the German Copyright act) and other legislation. The licensee is not entitled to use such protected content or materials in any manner other than that within the scope of use of the software in accordance with these licensing conditions. The licensee may not edit, lease, lend or sell the software or distribute it in any other manner, regardless of whether for payment or free of charge. Without prejudice to other provisions of this agreement, Winkhaus reserves the right to change or discontinue provision of the software without prior notification. Winkhaus cannot be held liable for these actions in any case whatsoever.
The licensor reserves the right to amend these licensing conditions and subject the use of the software to new or additional licensing conditions. The licensee shall be notified of such changes and additional licensing conditions which shall have immediate effect as soon as they have been accepted, at which time they will then be integrated into or replace these licensing conditions. Should the licensee decline to accept the changes, the licensor shall have the right to terminate this agreement.
7. Applicable law and legal jurisdiction
German law shall apply exclusively to these licensing conditions.
If the licensee is a merchant, legal entity under public law or a public special asset, the exclusive jurisdiction for disputes in connection with these licensing conditions is Münster.
These conditions constitute the entire agreement between the licensor and licensee and regulate the use of the software. These conditions replace any earlier conditions between the licensor and licensee. If applicable, the licensee is also subject in particular to any additional conditions of use to which additional instructions for use may apply. Should any individual provisions of these licensing conditions be or become partially or wholly invalid or unenforceable, the validity of the other provisions shall remain unaffected. Statutory law (Article 306 Para. 2 of German Civil Code [BGB]) shall replace any void or invalid general terms and conditions. For all other matters, the parties shall agree to a valid provision that comes as close as possible to the economic intent invalid or unenforceable provision, insofar as no supplemental contractual interpretation is given priority or is possible. Should the licensor fail to exercise a right or provision from these conditions, this does not substantiate a waiver of this right or this provision.
About Winkhaus (licensor):
Aug. Winkhaus GmbH & Co. KG, registered office: Telgte
Münster District Court, Companies’ Registry No. 6525 Münster, General Partner: Winkhaus Verwaltungs- und Beteiligungs-GmbH, Companies’ Registry B No. 9553 Münster, VAT No.: DE 126046759
Executive board: Sofie Winkhaus, Tilmann Winkhaus, Stefan Wemhoff
Tel.: +49 (0)2504-921-0