blue. Licence
Licence terms and conditions for the use of the blue. software by walkingtoyou GmbH
IMPORTANT:
Please read this licence agreement carefully before proceeding. By launching blue. for the first time, you accept all the terms of this agreement. The licence agreement set out below is hereby concluded.
In addition, the terms and conditions of walkingtoyou apply.
1. Installation and use
By purchasing a licence, you are granted a non-exclusive right, transferable only in accordance with clause 4 below, to install a copy of the blue. software on your computer and to use it in accordance with the terms of use of walkingtoyou.com.
2. Backup copies
Sie dürfen für Sicherungs- und Archivierungszwecke Kopien von blue. sichern.
3. Terms and conditions
Copyright, Limited Warranty and Liability
Users of the blue. software acknowledge that it is protected by copyright laws and international copyright treaties, as well as by other laws and treaties relating to intellectual property, and is also subject to the following warranty and liability limitations.
The blue. software is supplied ‘as is’, without any further obligations arising therefrom. All implied warranties and conditions (including the warranty of merchantability and fitness for a particular purpose) are excluded in respect of the blue. software. Any additional terms and conditions provided by the manufacturer for individual programmes must be observed and remain valid. Under no circumstances shall walkingtoyou.com or its freelancers, in whatever capacity, be liable for incidental, indirect or special consequential damages of any kind (including, without limitation, loss of business, business interruption, loss of business data, etc.), whether foreseeable or unforeseeable, which are attributable to the use, non-use or unavailability of the blue. software and the accompanying written materials, or which necessarily result from their use, irrespective of the basis of the claim and irrespective of whether representatives of walkingtoyou.com were previously made aware of this possibility of damage.
walkingtoyou.com shall only be liable in cases of proven gross negligence or wilful misconduct.
In particular, no warranty is given as to the freedom of the blue. software from material defects or defects of title, or as to its suitability for a particular purpose or application. You therefore use the blue. software at your own risk. Should the blue. software prove to be defective, any service or repair costs shall be borne solely by you and not by the manufacturer or its suppliers.
By installing, evaluating or otherwise using the blue. software, you accept this agreement and all its components as binding upon you.
4. Terms of Use
You may:
• use the blue. software on a single computer. (‘Using’ the blue. software means that the blue. software is either loaded into a computer’s temporary memory (RAM) or is stored on a permanent storage medium (hard drive) of the computer.)
• distribute the blue. software, but only in its entirety and with all its components.
You may not:
• modify, translate, reverse engineer, decompile, disassemble the blue. software, or develop derivative works based on the blue. software.
• sell or distribute the blue. software.
• rent, lend, lease, grant a security interest in, or otherwise transfer rights to the blue. software.
• Remove any intellectual property notices or markings from the blue. software.
• Violate any applicable laws when using the blue. software.
5. Ownership
Ownership and all intellectual property rights and industrial property rights in the blue. software remain exclusively with walkingtoyou.com.
Ownership and the associated rights to content accessed via the blue. software belong to the respective content provider and are protected by law. The licence granted under this agreement does not grant you any right to use such content.
walkingtoyou.com reserves all rights not expressly granted.
6. Termination
This licence remains in force until it is terminated. It shall terminate immediately, without the need for notice of termination from walkingtoyou.com, if you fail to comply with any provision of this licence agreement. Upon termination, you must destroy the blue. software, the accompanying documentation, and all copies thereof. You may terminate this licence agreement at any time by destroying the blue. software, including all copies thereof.
Failure to comply with the restrictions set out herein shall result in the automatic termination of the agreement and the licence granted therein.
7. Miscellaneous
The blue. software licensed to you contains features that are protected by specific passwords. You are not authorised to enter, remove or change such passwords. Only walkingtoyou.com has the right to enter, remove or change these passwords.
If you have any questions regarding this licence agreement or wish to contact walkingtoyou.com for any other reason, please contact: walkingtoyou.com, mail@walkingtoyou.com.
8. Severability clause
Should any provision of the contract be or Become invalid, or should the contract be incomplete, the contract shall remain valid in respect of all other provisions. The disputed contractual gap or provision shall be replaced by a contractual provision that most closely corresponds to the original economic purpose.
9. Applicable law
The contractual relationship between the licensee and walkingtoyou.com is governed by Swiss law.
The provisions of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on 11 April 1980) are excluded.
10. Place of jurisdiction
AAny disputes arising from the contractual relationship between the licensee and walkingtoyou.com that cannot be settled amicably by the parties shall be decided by the competent courts.
The exclusive place of jurisdiction is Zurich.
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