IMPORTANT – PLEASE READ CAREFULLY:
This End User
License Agreement (hereinafter “EULA”) is a legally binding contract between you, the end user (hereinafter “User”
or “you”), and the company XENBIT GmbH, located in 37115 Duderstadt (hereinafter “Developer”), for the software “SIM
Dispatcher” (hereinafter “Software”).
By installing, copying, or otherwise using the Software, you agree to
the terms of this EULA. If you do not agree to these terms, you are not permitted to install, copy, or otherwise use
the Software.
LICENSE GRANT
The Software is protected by copyright laws and international copyright
treaties, as well as other laws and agreements related to intellectual property. The Developer hereby grants you a
non-exclusive, non-transferable, revocable, and limited right to install and use the Software on your computer or
another supported platform, provided that you comply with the terms of this EULA.
USAGE RESTRICTIONS
a.
You may not copy the Software except for backup purposes and only to the extent necessary for use.
b. You may
not rent, lease, or sublicense the Software.
c. You may not modify, translate, reverse engineer, decompile, or
disassemble the Software unless expressly permitted by applicable law.
d. You may not operate servers that are
not provided by the Developer or explicitly authorized in writing under a separate agreement with the Developer
(“unauthorized servers”). You are also prohibited from granting third parties access to such unauthorized
servers.
e. You may not use the Software for illegal or unauthorized purposes or in violation of applicable law.
INTELLECTUAL PROPERTY
The Software and all content contained within it, including but not limited to text,
graphics, images, music, sounds, and software, are the intellectual property of the Developer and/or its licensors
and are protected by copyright laws and other intellectual property laws and agreements.
TRIAL VERSION
The
Developer offers you the opportunity to use the Software free of charge as a trial version (hereinafter “Trial
Version”) starting from the date of first installation. The Trial Version allows you to try out the features and
content of the Software before purchasing the full version.
The Trial Version limits usage to 30 minutes per
session. After this, continued use of the Software requires the purchase of the full version, or the session must be
switched or restarted. To purchase the full version, follow the instructions provided in the Software or on the
Developer’s website. By purchasing the full version, you obtain a valid license for the Software in accordance with
the terms of this EULA.
Please note that certain features, content, or online services may be restricted or
unavailable in the Trial Version. These restrictions will be lifted once you purchase and activate the corresponding
full version license.
ACCOUNT CREATION
To use the Software, including the Trial Version, you must create a
personal user account (hereinafter “Account”). When creating an account, you must provide truthful and complete
information about yourself and choose a username and password. The username must not be offensive, discriminatory,
or otherwise violate netiquette or applicable law.
You are responsible for keeping your password confidential
and protecting your account from unauthorized access. You are liable for all activities that occur under your
account. In case of unauthorized access or suspicion thereof, please notify the Developer immediately so that
appropriate measures can be taken.
The Developer reserves the right to suspend or delete user accounts that
violate this EULA, netiquette, or applicable law, as outlined in the Account Suspension section.
ACCOUNT
SUSPENSION
The Developer reserves the right to temporarily or permanently suspend user accounts in the event of
violations of netiquette, rules, or other provisions of this EULA. The duration of the suspension depends on the
severity of the violation and is at the sole discretion of the Developer. During a suspension, you are not permitted
to use the Software or its online services until the suspension is lifted. Repeated or particularly severe
violations may result in the permanent suspension of your user account.
Please note that netiquette requires
respectful and polite behavior toward other users and the development team. Insults, harassment, discrimination,
fraud, exploiting bugs in the Software (so-called “exploits”), or other actions that impair other users or disrupt
the Software or its online services in any way may result in the suspension of your user account.
LOCALIZATION
AND REGIONAL ADAPTATIONS
The primary development country for the Software is Germany. The Developer may offer
localizations of the Software into other languages but is not obligated to do so. The availability of localizations
is at the sole discretion of the Developer.
There is likewise no entitlement to correct regional adaptations of
the Software. While the Developer strives to adapt the Software for various markets and regions, no guarantee is
given for the completeness or accuracy of such adaptations. It is your responsibility to assess the usability and
appropriateness of the Software in your region or country and to decide whether the Software is suitable for you.
SUPPORT SERVICES
The Developer primarily provides support services for billing and licensing-related
inquiries. Technical support (e.g., for software bugs, compatibility issues, or usability questions) may be offered
at the Developer’s discretion but does not constitute a legal entitlement. In such cases, the Developer may refer to
publicly available resources such as online forums, FAQ sections, or user manuals.
Statutory warranty rights
remain unaffected.
For consumers in the European Economic Area, the following applies additionally: When used in
accordance with the contract, the Software fulfills the essential characteristics as described in the documentation.
In the case of defects, you have the right to rectification. If rectification fails, you may have the right to
withdraw from the contract or reduce the purchase price in accordance with your country’s regulations. These rights
apply independently of any voluntary support offerings.
MAINTENANCE AND UPDATES
The Developer reserves the
right to perform maintenance on the servers, infrastructure, or other components of the Software at any time. During
maintenance, there may be restrictions or outages in the Software or its online services. The Developer will strive
to announce such maintenance in advance and minimize any resulting disruptions.
The Developer may from time to
time provide updates, patches, or extensions for the Software. These updates may include bug fixes, security
updates, new features, or content. To continue using the Software, you must install these updates as they become
available. The Developer reserves the right to restrict or deny access to the Software or its online services if
your installed version is not up to date.
By installing updates, you agree that they may make changes to your
system or to the functionality of the Software, and that the Developer assumes no liability for any negative effects
of such updates, unless such liability is required by mandatory law.
TRANSFER OF RIGHTS TO CREATED CONTENT
By creating, uploading, or sharing content within the Software – such as datasets, information, designs, texts,
images, videos, or other materials (hereinafter “User Content”) – you retain all rights to that content.
However, you grant the Developer a worldwide, non-exclusive, royalty-free, transferable, sublicensable, and
perpetual license to use, reproduce, publish, distribute, publicly display, edit, and create derivative works from
this User Content – solely in connection with the operation, development, and marketing of the Software.
This
license specifically includes use in online services, support documentation, marketing materials, or other media
related to the Software.
You confirm that you are authorized to grant these rights and that you are not
infringing on any third-party rights. Your content must not violate any legal provisions or the rights of other
individuals or entities.
PROHIBITION OF COMMERCIAL OR PROFESSIONAL USE
The use of the Software is
permitted exclusively for private, non-commercial purposes by end users (B2C). Any use in commercial, institutional,
educational, or other professional contexts – including but not limited to training, internal continuing education,
nonprofit organizations, or research – requires a separate licensing agreement with the Developer.
This
includes, in particular, the sale, rental, distribution, public presentation, modification, or use of the Software
for revenue generation or other business activities.
If you are interested in commercial or institutional use,
please contact the Developer for an appropriate offer. Contact information can be found on the official website of
the Software or in the Software documentation.
DISCLAIMER & LIMITATION OF LIABILITY
The Software is
provided "as is." The Developer makes no express or implied warranties regarding specific functions, fitness for a
particular purpose, or non-infringement of third-party rights, to the extent permitted by law.
This does not
apply to claims arising from willful misconduct or gross negligence, injury to life, body, or health, the assumption
of a guarantee, or mandatory legal liability, particularly under product liability law.
Statutory warranty
rights for consumers in the European Economic Area remain unaffected.
LIMITED WARRANTY FOR RESIDENTS OF THE
EUROPEAN ECONOMIC AREA
If you are a resident of the European Economic Area (EEA), certain statutory warranty
rights under the local laws of your country apply in addition to the provisions set out in the Disclaimer &
Limitation of Liability section.
Under EEA law, the Developer warrants that the Software will function
substantially as described in the accompanying documentation when used properly.
If the Software is defective,
you are entitled to have it remedied, meaning the Developer will, at its discretion, either fix the defect or
replace the Software. If remedying the defect is unsuccessful, you may have the right to a price reduction or to
terminate the contract and request a refund. These rights are subject to the national laws of EEA member states.
Please note that this limited warranty does not exclude or limit your statutory rights and applies without prejudice
to those rights. To make a claim, please contact the Developer or the reseller from whom you purchased the Software
and provide proof of purchase if required.
This limited warranty does not cover defects or problems caused by
modifications or customizations of the Software not made by the Developer, or by technical issues due to
incompatibilities with hardware or software not meeting the system requirements specified by the Developer.
INDEMNIFICATION
By accepting this EULA and using the Software, you agree to indemnify, defend, and hold harmless
the Developer and its parent companies, subsidiaries, affiliates, business partners, agents, employees, licensors,
and suppliers (collectively, “Indemnified Parties”) from and against any claims, demands, damages, losses, costs, or
expenses (including reasonable attorney’s fees) asserted by third parties arising out of or related to your use of
the Software, any violation of this EULA, applicable law, or infringement of third-party rights resulting from your
use of the Software.
You agree to promptly notify the Indemnified Parties of any such claims, demands, or
actions and to provide them with all necessary information and assistance in defending or resolving such claims. The
Indemnified Parties reserve the right to assume sole control over the defense and resolution of such claims, and you
agree not to interfere with these matters without the express written consent of the Indemnified Parties.
CHANGES TO THE EULA
The Developer reserves the right to modify or update this EULA at any time at its sole
discretion. If the EULA is modified, a notice will be displayed in the Software. You will be required to accept the
updated terms before continuing to use the Software.
You are responsible for regularly reviewing the EULA for
changes. By continuing to use the Software after agreeing to the updated terms, you accept the changes and agree to
comply with the updated EULA.
If you do not agree to the amended EULA, you must stop using the Software and
remove all installed copies in accordance with the Developer’s instructions.
TERMINATION
This EULA becomes
effective upon first installation or use of the Software and remains in force until terminated by you or the
Developer. You may terminate this EULA at any time by destroying all copies of the Software and related
documentation. The EULA will automatically terminate, without notice from the Developer, if you violate any of its
provisions. Upon termination, you must destroy all copies of the Software and related documentation.
SEVERABILITY CLAUSE
If any provision of this EULA is held to be invalid or unenforceable, in whole or in part,
the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision,
a valid and enforceable provision shall apply that most closely matches the economic intent of the original. The
same applies in the case of any gaps in this EULA.
GOVERNING LAW AND JURISDICTION
This EULA is governed by
the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the
International Sale of Goods (CISG). Where legally permitted, the place of jurisdiction for all disputes arising from
or in connection with this EULA shall be the Developer’s registered office.
CONTACT
If you have any
questions or concerns regarding this EULA, you may contact the Developer. The relevant contact details can be found
on the Developer’s website or in the Software documentation.
Software website: www.sim-dispatcher.com
Developer website: www.xenbit.de
DUDERSTADT, 02.08.2025
END
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