The user receives on loan from BRAINYOO free of charge a simple, unlimited, non-transferable and non-sublicensable license, unlimited by time or space, to install and operate the educational software BRAINYOO 2.0 and/or BRAINYOO 2.0 Mobile (each hereinafter defined as “the Program”).
The user may install the program on 2 desktop computers and 2 mobile devices in the Free Version or on 3 desktop computers and 3 mobile devices in the Premium Version. The effective use of the program with its essential functions requires the establishment of a BRAINYOO 2.0 account (hereafter “ACCOUNT”). The relevant legal relationships are governed by separate terms and conditions (http://www.branyoo.de/legal/agb ) within the framework of the activation of the account.
The Program is protected by copyright. Exploitation, processing, or transformation in any form is forbidden.
The program contains open source software. In addition, the license terms of these components apply and are referenced at the end of these terms and conditions.
Copyright notices, serial numbers, and other identification features of the program may not be changed or removed under any circumstances. The same applies to a suppression of the on-screen display of corresponding features.
3. Obligation of the User to Back Up Data
It is up to the user, at regular intervals, to take precautionary measures to protect his data and programs, including contents that were acquired, created, or otherwise used inside the BRAINYOO system as well as remaining data and programs that reside on workplaces. In particular, this applies to backing up data before the installation of the program and at reasonable, regular time intervals.
The claims of the user to damages or compensation for needless expenditure are determined by the following statements, regardless of the legal nature of the claim:
– For damages arising from injury to life, body, or health, based on a negligent violation of duty by BrainYoo or an intentional or negligent violation of duty by a legal representative or vicarious agent of BrainYoo, BrainYoo is liable without limitation.
– For property and other damages, BrainYoo is only liable for intent and gross negligence.
– Liability for loss of data is limited to the typical recovery effort, which would have occurred during regular backup copies, appropriate for the risk level.
– The above provisions shall also apply to the members and agents of BRAINYOO.
– Liability according to the product liability law is not affected (§14 Product Liability Law).
– Liability for defects shall be determined by §600 of the German Civil Code with the proviso that liability for grossly negligent behaviour is excluded.
5. License Termination
The license is terminated with the cancellation of the contract.
The user may cancel the contract at any time.
BRAINYOO may cancel the contract in accordance with §605 of the German Civil Code, and also in case of a legitimate interest in the contract termination. A legitimate interest in the termination of the contract exists particularly with:
– usage of the program by the user in breach of the terms of the contract, especially allowing unauthorized access of the program to a third party
– violations by the user of the copyright or other commercial property rights of BrainYoo or its contract partners (e.g. content providers)
– as well as significant changes to the services offered, especially the definite discontinuation of a service offering by BRAINYOO (program, account, or other related service offerings).
6. Choice of Law
The parties agree to the application of the law of the Federal Republic of Germany, under exclusion of the UN purchase right, with regard to all legal relations from this contractual relationship.
7. Open Source Licenses