END-USER LICENSE AGREEMENT (EULA)
PLEASE READ THIS END-USER LICENSE AGREEMENT (“EULA AGREEMENT”) CAREFULLY, BEFORE COMPLETING THE DOWNLOAD OR INSTALLATIONS PROCESS AND USING THE SOFTWARE, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2024-06-14 12:02:50
1. OVERVIEW
This EULA agreement is a binding agreement, entered into by and between Max Spedition und Logistik GmbH, registered address Schloss Hubertendorf 1 AT 3372 Blindenmarkt, (“Max Spedition und Logistik GmbH”) and you, and is made effective as of the date you download, install or use the software LOGISTIK (“Software”) or from the date of your electronic acceptance.
This EULA agreement sets forth the general terms and conditions of your use of the Software, provides a license to use Max Spedition und Logistik GmbH Software, and contains liability disclaimers. This EULA agreement’s terms also apply to any Software update, upgrade, internet-based service, and support service for the Software. Whether you are acquiring Software directly from Max Spedition und Logistik GmbH or through Max Spedition und Logistik GmbH authorized reseller your electronic acceptance of this EULA agreement signifies that you have read, understand, acknowledge and agree to be bound by this EULA agreement.
The terms “we”, “us” or “our” shall refer to Max Spedition und Logistik GmbH. The terms “you”, “your”, or “User” shall refer to any individual or entity who accepts this EULA agreement, uses our Software, or has access to our Software. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Max Spedition und Logistik GmbH may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting. Your use of this Software after such changes or modifications have been made shall constitute your acceptance of this EULA agreement as last revised.
BY DOWNLOADING /INSTALLING /USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA AGREEMENT AS LAST REVISED, DO NOT DOWNLOAD, INSTALL, USE (OR CONTINUE TO USE) OUR SOFTWARE.
2. ELIGIBILITY
Our Software is available only to Users who can form legally binding contracts under applicable law. By downloading or using this Software, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or using the Software under the laws of the Austria or other applicable jurisdiction.
If you are entering into this EULA agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this EULA agreement, in which case the terms “you”, “your”, or “User” shall refer to such corporate entity. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement. If, after your electronic acceptance of this Agreement, Max Spedition und Logistik GmbH finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this EULA agreement.
3. LICENSE GRANT
Subject to the terms of this EULA Agreement Max Spedition und Logistik GmbH hereby grants you a personal, revocable, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the Max Spedition und Logistik GmbH Software on your own non-commercial use devices in accordance with the terms of this EULA agreement. The Software is being licensed to You and You hereby acknowledge that no title or ownership of the Software is being transferred or assigned to You and this EULA agreement is not to be construed as a sale of any rights of the Software.
You are permitted to load the Max Spedition und Logistik GmbH software (for example on a PC or laptop) under your control. You are responsible for ensuring your device meets the minimum requirements of the Max Spedition und Logistik GmbH Software.
4. RESTRICTIONS
Without first obtaining the express written consent of Max Spedition und Logistik GmbH, you may not assign your rights and obligations under this EULA agreement, or redistribute, encumber, sell, rent, lease, sublicense or in other way transfer your rights to the Software.
You are not permitted to:
edit, modify, alter, adapt, or otherwise change the whole or any part of the Max Spedition und Logistik GmbH > software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any of the listed actions,
copy, reproduce, duplicate, resell or distribute in any medium any part of the Software, except where expressly authorized by Max Spedition und Logistik GmbH,
remove or alter Max Spedition und Logistik GmbH trademarks or logos or legal notices included in the Software or related assets,
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Software,
use the service to try to gain unauthorized access to any service, data, account or network by any means,
use the Software in any way which breaches any applicable local, national or international law,
use the Software for any purpose that Max Spedition und Logistik GmbH, considers is a breach of this EULA agreement.
Max Spedition und Logistik GmbH reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the terms of this EULA agreement.
By using our Software you acknowledge and agree that your use of the Software, including any content you submit, will comply with this EULA agreement and all applicable local, state, national and international laws, rules and regulations.
5. INTELLECTUAL PROPERTY
No part of this EULA agreement is or should be interpreted as a transfer of intellectual property rights. Max Spedition und Logistik GmbH shall retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Max Spedition und Logistik GmbH.
In addition to the general rules above, the provisions in this Section apply specifically to your use of Max Spedition und Logistik GmbH content used in a Software (Max Spedition und Logistik GmbH content). Max Spedition und Logistik GmbH content used in this Software, including without limitation the text, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to Max Spedition und Logistik GmbH in perpetuity, and are subject to copyright, trademark, and/or patent protection.
Max Spedition und Logistik GmbH content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Max Spedition und Logistik GmbH. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this EULA agreement.
6. COLLECTION AND USE OF YOUR INFORMATION
You acknowledge that when you download, install, or use the Software, Max Spedition und Logistik GmbH may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Software. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Software or certain of its features or functionality. All information we collect through or in connection with this Software is subject to our Privacy policy. By downloading, installing, using, and providing information to or through this Software, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
7. UPDATES
Max Spedition und Logistik GmbH may from time to time in its sole discretion develop and provide Software updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Max Spedition und Logistik GmbH has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:
the Software will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Software or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Software and be subject to all terms and conditions of this Agreement.
8. THIRD-PARTY MATERIALS
The Software may display, include, or make available third-party content (including data, information, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Max Spedition und Logistik GmbH is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Max Spedition und Logistik GmbH does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
9. MAX SPEDITION UND LOGISTIK GMBH USE OF USER CONTENT
The Software may allow you to create content such as videos, data, photographs, messages, graphics, text, and other information (“User Content”), and to share such User Content with Max Spedition und Logistik GmbH or with other sites, including social networking sites, as you may designate.
The provisions in this Section apply specifically to Max Spedition und Logistik GmbH use of User Content posted to or through the Software.
You shall be solely responsible for any and all of your User Content or User Content that is submitted by you, and the consequences of, and requirements for, distributing it. You agree that any User Content that you share does not and will not violate third-party rights of any kind, including and without limitation any Intellectual Property Rights or rights of publicity and privacy.
With Respect to User Content, by posting or publishing User Content to or through the Software, you authorize Company to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Software and this EULA agreement.
By creating User Content through Max Spedition und Logistik GmbH Software, you hereby grant Max Spedition und Logistik GmbH a worldwide, non-exclusive, royalty-free, sub-licensable, irrevocable and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Software, including without limitation for promoting and redistributing all or part of this Software in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Software a non-exclusive license to access your User Content through this Software, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Software and under this EULA agreement.
The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Software. You understand and agree, however, that Max Spedition und Logistik GmbH may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.
Max Spedition und Logistik GmbH generally does not pre-screen User Content but reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this EULA agreement. Company may remove any item of User Content if it violates this EULA agreement, at any time and without prior notice.
10. USER SUBMISSIONS
With Respect to User Submissions, you acknowledge and agree that:
your User Submissions are entirely voluntary,
your User Submissions do not establish a confidential relationship or obligate Max Spedition und Logistik GmbH to treat your User Submissions as confidential or secret.
Max Spedition und Logistik GmbH has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
Max Spedition und Logistik GmbH shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions provided to the Max Spedition und Logistik GmbH and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to or through the Software for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
11. DISCLAIMER OF WARRANTIES
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY Max Spedition und Logistik GmbH, SOFTWARE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND Max Spedition und Logistik GmbH, MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN AS SET FORTH IN THIS EULA AGREEMENT.
Max Spedition und Logistik GmbH MAKES NO WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS SOFTWARE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. Max Spedition und Logistik GmbH MAKES NO WARRANTIES THAT OPERATION OF THE SOFTWARE WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION.
NO ORAL OR WRITTEN ADVICE PROVIDED BY Max Spedition und Logistik GmbH OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL Max Spedition und Logistik GmbH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THIS AGREEMENT, (II) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS SOFTWARE, (III) OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE, WHEATHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF Max Spedition und Logistik GmbH OR ANY OTHER PARTY, EVEN IF Max Spedition und Logistik GmbH IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL Max Spedition und Logistik GmbH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE SOFTWARE, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE SOFTWARE. YOU AGREE THAT THE PROVISIONS IN THIS EULA AGREEMENT THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS EULA AGREEMENT.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT.
13. INDEMNITY
You agree to protect, defend, indemnify and hold harmless Max Spedition und Logistik GmbH and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Max Spedition und Logistik GmbH directly or indirectly arising from (i) your use of the Software; (ii) your violation of any provision of this Agreement; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
14. AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Software on 24/7 basis. You acknowledge and agree that from time to time this Software may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the availability of this Software on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
15. TERMINATION
This EULA agreement is effective from the date you first download, install or use the Software and shall continue until terminated. You may terminate this Agreement by deleting the Software and all copies thereof from your Device.
This EULA agreement will also be terminated immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Max Spedition und Logistik GmbH reserves the right to cease offering or providing Software at any time, for any or no reason, and without prior notice. Although Max Spedition und Logistik GmbH makes great effort to maximize the lifespan of the Software, it might be, that the Software we offer will be discontinued. If that is the case, this EULA agreement will be terminated and Software will no longer be supported by Max Spedition und Logistik GmbH.
16. COMPLIANCE WITH LOCAL LAWS
Max Spedition und Logistik GmbH makes no representation or warranty that all the content available on this Software are appropriate in every country or jurisdiction and use of this Software from countries or jurisdictions where its content is illegal is prohibited. Users who choose to use this Software are responsible for compliance with all local laws, rules and regulations.
17. GOVERNING LAW
This EULA agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Austria, to the exclusion of conflict of law rules.
18. TITLES AND HEADINGS
The titles and headings of this EULA agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
19. LIMITATION OF TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
20. SEVERABILITY
Each covenant and agreement in this EULA agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this EULA agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this EULA agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
21. CONTACT INFORMATION
If you have any questions about this EULA agreement, please contact us by email or regular mail at the following address:
Max Spedition und Logistik GmbH
Schloss Hubertendorf 1 AT 3372 Blindenmarkt
office@maxlogistik.at