License and Terms of Use
§ 1 Scope
(1) The following license and usage conditions („Terms of Use“) apply to the use of the GS-Route software, including the user documentation and all other accompanying materials (hereinafter referred to as „Software“), which is developed and distributed by Dipl.-Ing. Ansgar Hillebrand (hereinafter referred to as „Manufacturer“). By purchasing the Software and acquiring licenses, the licensee (hereinafter referred to as „User“) undertakes to strictly adhere to the Terms of Use. (2) The Software is provided to the User by the Manufacturer exclusively on the basis of these License and Usage Conditions. The Customer’s contractual terms do not apply, even if such terms are not expressly contradicted by the Manufacturer.
§ 2 Scope of services
(1) The software purchased by the user is made available for download from the manufacturer’s website. The user can then install the software on their system themselves, following the documentation provided by the manufacturer. The manufacturer will not install the software on the user’s system. If installation by the manufacturer is desired, this must be expressly agreed upon separately. (2) It is the user’s responsibility to ensure that the system requirements specified by the manufacturer for using the software are met. This is not checked by the manufacturer. (3) The GS-Route application is distributed via the Microsoft Windows Store and can be installed and updated via the Windows Store app. Only updates published via the Windows Store are available to the user. All updates are provided exclusively by the manufacturer. If the manufacturer makes updates and/or upgrades available after the software has been installed, these license and usage conditions also apply in full. The user has no further claims beyond the scope of the delivered software. (4) The purchase of a license does not entitle the user to technical customer service. If the user requests technical support or customer service of any kind, it is the responsibility of the manufacturer to decide whether support can be provided and, if so, to what extent.
§ 3 Copyright and rights of use
(1) The software supplied by the manufacturer is protected by copyright and international agreements for the protection of intellectual property. All rights to the software and to other data provided as part of the initiation and implementation of the contract belong exclusively to the manufacturer and its respective licensors. (2) The manufacturer grants the user a non-exclusive, unlimited right to use the software supplied in object code to the extent agreed or – if no specific agreement exists – in accordance with the purpose pursued by the contract. (3) The purchase of a valid software license entitles the user to install and use the software on a non-commercially used computer system. The number of parallel installations is subject to the specifications of the Microsoft Windows Store system; the terms of use of the Microsoft Windows Store apply . A separate company license is required for commercial use of the software. This allows the software to be used by all of the user’s employees or external service providers of a licensee. Valid Pro-Licenses can be used on a maximum of 10 private computers within the same household during the usage period. These terms and conditions also apply to the GS-Route application(4) The user is not permitted, with the exception of archiving purposes, to copy the software or parts of the software, to grant sublicenses, to rent, lend or lease the software. The user is further prohibited from passing on access codes, passwords and license keys for the software or their use to third parties or making them accessible to third parties. (5) The user is not permitted to rework or modify the software in any way, in whole or in part, or to create derivative works that are based in whole or in part on the software. The user is further prohibited from reverse engineering or translating the software or extracting program parts from the software. The user is not permitted – with the exception of the statutory exceptions in Sections 69 b) and 69 e) of the Copyright Act – to decompile or disassemble the software, to reverse engineer it or to otherwise attempt to derive the source code. If the user is permitted by mandatory legal regulations to perform reverse engineering or decompilation in order to achieve full functionality or interoperability with other software programs, the user is obligated to inform the manufacturer of the nature and extent of the intended actions before carrying out any such measures. Furthermore, decompilation is only permitted if the user can demonstrate a legitimate, protectable interest in performing the action. (6) If the user violates the aforementioned provisions, the manufacturer cannot guarantee the correctness of the software. (7) The user is also not permitted to change or remove copyright notices, serial numbers, version numbers, trademarks, or other identification features of the software. This also applies to suppressing the on-screen display of these features. (8) The rights and obligations stated in this paragraph apply to license keys and user documentation as well as to the software. (9) The manufacturer may revoke the usage rights granted to the user if there is good cause for doing so. If this occurs, the user is obligated to return the original software and any existing copies and to delete any stored programs. Upon request from the manufacturer, the user is obligated to confirm the return and deletion in writing. (1o) The user can obtain a free Pro license for testing purposes, with a term of 30 days, from the Track of the Day shop.The manufacturer does not provide any product support for this trial license. (11) Within the scope of the free trial license, the manufacturer assumes no liability for the functionality of the computer program or software.
§ 4 Rental and transfer
(1) Any rental of the software, in particular rental via „Application Service Providing (ASP)“ or „Software as a Service (SaaS)“, is prohibited unless a corresponding written agreement has been concluded between the user and the manufacturer. (2) Any transfer of the software requires the written consent of the manufacturer. The manufacturer will grant the corresponding consent provided that the user submits a written declaration from the new or additional user in which the new or additional user undertakes to comply with the terms of use and transfer stipulated in these terms of use and that the previous user provides the manufacturer with a written assurance that they have transferred all copies of the software to the new user and deleted any copies they have in their possession. The manufacturer is entitled to refuse consent if the use of the software by the new user conflicts with the manufacturer’s legitimate interests. (3) In the event of any transfer of the software, the user is obligated to inform the manufacturer immediately and to provide the manufacturer with the full name and full address of the new user.
§ 5 Warranty
(1) The manufacturer provides the software to the user free of material and legal defects. The manufacturer does not guarantee that the software is protected against attacks by system threats of any kind (computer viruses). The obligation to appropriately secure the infrastructure in which the software is to be used lies with the user. (2) The manufacturer assumes no liability for malfunctions of the software that are attributable to the interaction of the software with products installed on the target system and configurations made to the target system. If the software is used to create routes, the terms of use of Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA, also apply. The manufacturer assumes no liability for calculated routes, in particular whether a route is drivable or not. The user is entirely responsible for the use of all planning results or other media created with the software. (3) Furthermore, the manufacturer assumes no warranty or liability in the event that the software negatively affects other products and applications of the target system or the target system itself, provided that this is due to errors in the configuration of the target system or other products and applications installed on the target system.
§ 6 Liability
(1) The manufacturer is not liable for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations or guarantees or give rise to damages resulting from injury to life, body or health or claims under the Product Liability Act. (2) If the manufacturer is also liable for slight negligence, liability is limited to foreseeable damages typical for the type of contract. (3) Insofar as the manufacturer’s liability is excluded or limited, this also applies to the liability of the provider’s legal representatives, employees and vicarious agents. (4) In the event of data loss, the manufacturer is only liable for the damage that would have occurred even if the user had properly backed up the data.
§ 7 Severability Clause
Should any provision of this Terms of Use and License Agreement be or become invalid, or should the terms and conditions be incomplete, the validity of the remaining terms and conditions shall remain unaffected. The contracting parties undertake to replace the invalid provision with a provision that most closely approximates the meaning and purpose of the invalid provision in a legally effective manner. The same applies to contractual gaps.
§ 8 Applicable law
These Terms of Use and the related legal relationships between the manufacturer and the user are governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
§ 9 Place of jurisdiction
Bonn is agreed as the exclusive place of jurisdiction for all legal disputes between the parties. However, the manufacturer reserves the right to use the user’s general place of jurisdiction to file a lawsuit or initiate other legal proceedings.
§ 10 Written form
Changes and additions to these Terms of Use must be made in writing. This also applies to any change or cancellation of this written form requirement itself. The use of email or other electronic means of communication does not satisfy this written form requirement.
§ 11 Assignment
The assignment of the user’s rights arising from the contractual relationship with the manufacturer is only permitted with the prior consent of the manufacturer.
§ 12 Contract language
To the extent that these Terms of Use are translated into other languages, only the German version shall be valid.