PLEASE READ THROUGH THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. AS SOON AS YOU USE THE JOOSOFT.COM DOWNLOAD PORTAL (HEREINAFTER “DOWNLOAD PORTAL”), YOU DECLARE THAT YOU ARE IN AGREEMENT WITH THEM.
SINCE THE USER OF THE DOWNLOAD PORTAL NOT ONLY RECEIVES RIGHTS BUT ALSO ASSUMES LEGAL OBLIGATIONS, IT IS NECESSARY THAT THE COMPUTER FROM WHICH THESE COMPONENTS CAN BE ACCESSED CAN ALSO BE USED BY YOU IN THIS MANNER. YOU THEREFORE PLEDGE AND DECLARE TO JOOSOFT THAT YOU ARE THE OWNER OR AUTHORIZED USER OF THE COMPUTER OR THAT YOU HAVE THE PERMISSION OF THE AUTHORIZED USER TO MAKE USE THE OFFER PRESENTED HERE AND/OR CONCLUDE AGREEMENTS. MOREOVER, THE ACT OF CONCLUDING AN AGREEMENT PRESUMES THAT YOU ARE OF THE AGE OF CONSENT AND ARE LEGALLY COMPETENT OR THAT YOU AT LEAST HAVE THE PERSONALLY DECLARED APPROVAL OF A LEGAL REPRESENTATIVE. WE THEREFORE REQUIRE ASSURANCE OF THESE TWO LEGAL PROPERTIES.
IN THE COURSE OF USING THE JOOSOFT.COM DOWNLOAD PORTAL, IT IS POSSIBLE WHEN INSTALLING THE SELECTED APPLICATION FOR ADDITIONAL SOFTWARE TO BE OFFERED BY THIRD PARTIES. THESE APPLICATIONS ARE FREE OF CHARGE. WHEN INSTALLING SOFTWARE FROM THIRD PARTIES, THE RESPECTIVE AUTHOR’S TERMS AND CONDITIONS APPLY. PLEASE READ THEM CAREFULLY.
§ 1. Using the Download Portal
(1) During the term of this agreement and provided that you adhere to it completely, you may use the Download Portal and its contents within the particular scope of services offered to you. This use is exclusively for your personal / own, noncommercial and nonbusiness purposes. Any other use going beyond this – including forwarding, copying, disseminating, revealing, communicating in electronic networks, sending, or changing – is prohibited.
(2) Use of the Download Portal is at your own risk and without any guarantee. At times, the Download Portal links to the contents of third parties for whom Joosoft is not responsible. In particular, Joosoft guarantees neither the accessibility of the Download Portal nor the completeness, accuracy, and/or security of third party content available for downloading. § 4 shall be applicable.
(3) The software that can be downloaded via the Download Portal (except for Joosoft software) is of third party origin and not from Joosoft. Joosoft merely simplifies access to this software. It has been tested by Joosoft for viruses and malware. Nevertheless, Joosoft does not assume any kind of guarantee or responsibility for this software, its suitability, or any certain properties, nor that it does not violate third party copyrights.
(4) Downloading and using third party software is done at your own risk and expense. Using this software is subject to the license terms of the respective provider; it is up to you to make sure that your intended use of the software (including the acquisition of it) is permissible. Should you conclude an agreement concerning the use of this software, it will be directly between you and the respective copyright holder or provider (without any involvement by Joosoft); any claims with respect to third party software displayed on the Download Portal are to be lodged solely and directly with the provider of the particular software concerned.
(5) Joosoft has the right to block or limit, whether wholly or in part, permanently or temporarily, the use of and access to the Download Portal at any time without stating reasons.
(6) In order to prevent muscle, joint, or eye strain, you should take regular breaks when using Joosoft.com. If you have any pain, feel unwell, or are tired, you should interrupt your session.
§ 2. Using Joosoft Software
(1) During the term of this agreement and provided that you adhere to it completely, you may use Joosoft software exclusively for your personal / own purposes in the course of approved use of the Download Portal. This simple, limited license is nontransferable, is not exclusive, and does not give authorization for sublicensing. Any use of Joosoft software beyond this is not permissible for you, and you pledge to solely use Joosoft software in the above sense. You may not change the software, nor produce any second-hand created work. All decompiling, decoding, or reverse engineering, unless within the scope of what is legally stipulated as permissible, is forbidden. All commercial or business use is likewise prohibited and not allowed by the license. Joosoft software may not be sold or otherwise made available to third parties; you are to prevent this by means of adequate security measures. The copyright notes, serial numbers, and other properties contained in Joosoft software for the purpose of program identification are not to be changed or obscured.
(2) Use of Joosoft software, which you are provided with free of charge, is at your own risk and without any guarantee by Joosoft. In particular, Joosoft does not guarantee the suitability, freedom from defects, stability, performance, security, compatibility with other software and hardware, or the presence of certain properties. § 5 is applicable here. You yourself are responsible for installing and operating Joosoft software, and the same is true for the hardware and software required for using it.
(3) Joosoft does not offer any support services for Joosoft software. However, you shall permit Joosoft to upload and install updates and other corrections by means of the automatic update function of the Joosoft software (if available). This goes on in the background via your Internet connection and does not require any involvement on your part. You shall neither block nor manipulate nor divert the update function from its intended use. Should you do this nevertheless, this will terminate your right to use the Joosoft software.
§ 3. Other User Obligations
(1) You may only employ Joosoft services, particularly the Download Portal and Joosoft software for your own personal use and may not make it available to other parties. You are responsible to take the necessary precautions for this. In particular, it is necessary that the computer from which these components can be accessed can also be used by you in this manner. You therefore pledge and declare to Joosoft that you are the owner or authorized user of the computer, that you are able to conclude the license agreement with the accompanying installation and use of the portal and software, and that the authorized user, if not you, is in agreement with both of these conditions and especially with the use of Joosoft software as well as the data protection rules (§ 6). If you allow other users to use your computer and give them access to the World Wide Web, you shall be under the obligation to inform them about the use of both the Download Portal and Joosoft software. In such cases, you will continue to be responsible that the person using your computer is an adult and legally competent and consents either personally or through his/her legal representative to abide by the data protection rules (§ 6).
(2) You may only use the services of Joosoft for lawful and ethical purposes, only in an orderly fashion, and only within the scope of the terms and conditions of this agreement and all other Joosoft usage terms publicized on the Download Portal (Joosoft will alert you to any changes to allow you to agree to them – otherwise, Joosoft has the right to terminate the agreement at any time, cf. § 10 para. 1), nor may you violate the rights of third parties. In particular, you pledge not to introduce or disseminate any content, undertake negotiations, or use the services of Joosoft in a way that (a) violates the identity, business secrets, intellectual property, and/or commercial copyrights of third parties, (b) contains viruses, Trojans, or other malware and spyware or helps to spread them, (c) serves to disseminate unsolicited mass advertising, (d) goes against good taste and morals or is unwholesome, criminal, pornographic, obscene, bothersome, dangerous, defamatory, or unethical, (e) limits other users in their use of Joosoft services, (f) is directed against Joosoft and the rendering of services by Joosoft, (g) incites violence, sabotage, or criminal behavior or offers assistance, or (h) violates applicable domestic or foreign law in any way.
(3) If the aforementioned provisions are violated in the context of statutory provisions, or if there exists suitable suspicion, Joosoft has the right to disclose the relevant data to third parties, including domestic and foreign authorities, and cooperate with third parties concerning the prosecution of the corresponding violations. Joosoft reserves the right to initiate any kind of criminal and civil action.
(4) In the event of a violation of the aforementioned provisions or any other contractual violation, you shall indemnify Joosoft completely, even in the case of justified third party claims against Joosoft that are attributable to contents or other conduct of yours (or of persons associated with you).
(5) When providing personal data, you are obligated to supply correct and complete information. You are under the obligation to keep your data updated.
§ 4. Warranty and Liability by Joosoft
(1) o the extent permitted by law, every material or title warranty by Joosoft and all other warranty claims shall be excluded. Moreover, Joosoft also excludes any contractual or non-contractual liability for its own conduct as well as for the conduct of auxiliary persons and partners of Joosoft (especially advertising customers) to the extent permitted by law. If the regulations in para. 1 are not permitted by law or legally effective, the following regulation shall apply in particular for consumers residing in Germany:
a) Except in the case of fraudulent intent, Jooft shall not assume any warranty or any liability that is not fault-based. In particular, you shall have no claim to any remedial action. The delivery of updates and patches for eliminating errors is at the discretion of Joosoft. b) With respect to fault-based liability for damages on the part of Joosoft, the following shall apply: aa) Joosoft shall only be liable for damages caused by material or title defects in the case that Joosoft assumes a guarantee concerning the respective quality guaranteed or in case of fraudulent or willful intent or gross negligence. bb) Otherwise, irrespective of the legal basis (pre-contractual mutual trust, agreement, criminal offense), Joosoft shall only be liable for damages
- to the full extent if Joosoft has assumed a guarantee concerning the respective quality guaranteed and to the full extent in the event of willful intent or gross negligence (however, in the latter case only for reimbursing the foreseeable and typical damages), and
- for slight negligence, no more than CHF 50.00 per case of damage and for all cases of damage together and only in the event that a legal protection obligation has been violated that does not involve the object of the agreement; however, this shall be limited to reimbursement of foreseeable and typical damages.
(2) For third party software downloaded using the Joosoft software, Joosoft shall assume no warranty or liability.
(3) The mandatory legal liability in accordance with the German Product Liability Act or other mandatory product liability regulations (e.g. the European Product Liability Directive and its implementation, if applicable) as well as for loss of life, bodily injury, and detriment to health shall remain unaffected.
(4) When using Joosoft.com, it is possible that you may come across content that you find offensive, indecent, or objectionable. You are aware that such content is not always labeled as objectionable material. Despite this fact, you are in agreement that using the service is at your own risk. Joosoft.com expressly denies any liability for materials that you find offensive, indecent, or objectionable.
§ 5. Data Protection
(1) Joosoft may gather and store any and all information that users of the Download Portal and other Joosoft websites provide or disclose to Joosoft (but is under no obligation to do so). This includes information from user registration (name, contact information, user name, Joosoft passwords, etc.), from consumer competitions and questionnaires, demographic information, search terms, information about acquired software, software evaluations, comments, forum contributions, user settings. In addition, Joosoft may gather and store (but is under no obligation to do so) any and all personal data accumulated in communications with Joosoft (whether by email, phone, fax, mail, Joosoft websites, or other means). These data protection regulations shall only apply for the Download Portal and the use of Joosoft Software and not for third party websites and software that can be accessed by links via the Download Portal and Joosoft software. The third parties are responsible for these – including with respect to data protection.
(2) Joosoft may use the gathered and accumulated personal data for its operations and for improving and developing Joosoft’s offer and software, for providing information and communicating with you and other users of Joosoft’s offer (including advertising and marketing purposes), for the conclusion, execution, and other aspects of this agreement and/or agreement terms and conditions, for purposes not related to the individual (e.g. statistics and planning purposes), for any other purposes in the context of procuring personal data that are indicated or evident, as well as for discovering and combating actual or suspected misuse, data protection and security breaches, and violations of these agreement terms and conditions, of applicable law, and/or of other applicable provisions. With the exception of the last case (misuse, etc.) or in the event that your business is transferred to a third party, whether wholly or in part, Joosoft will not pass on to third parties any personal data of yours or of other users. No assignment of this data to a certain or definable individual will be carried out either by Joosoft or on Joosoft’s behalf. The IP address will be stored for at most three months and then deleted; it will not be passed on to third parties unless Joosoft is obligated to do so by law or due to an official or court order. Insofar as Joosoft delegates the processing of personal data to commissioned processors, Joosoft will contractually place them under obligation to abide by data protection. The commissioned data processors will handle the personal data according to Joosoft’s instructions.
(3) You are in agreement that Joosoft may use your email address to occasionally send you information about products, services, and other offers by Joosoft and its partners as well as other content involving marketing purposes. You may refuse further delivery at any time and free of charge (corresponding instructions are found at the end of each email).
(4) Moreover, when the Download Portal or another website belonging to Joosoft or its partners is accessed, information about the access (date, time, webpage viewed, IP address, access origin, browser used, operating system, cookies, etc.) are automatically gathered and stored on the respective server. This information is used for determining user behavior, for improving the offer, and for other statistical and planning purposes and is generally not evaluated related to the individual (possible exceptions would only be in case of actual or suspected misuse and violations of these agreement terms and conditions).
(5) You agree to the processing of your personal data described in these agreement terms and conditions. Moreover, you are in agreement that your personal data may also be transferred to or stored and processed in countries that do not have adequate data protection and where it is not possible to ensure such data protection even on a contractual basis. You shall therefore also undertake to ensure that all persons whom you have enabled to use Joosoft’s offer likewise agree to having their personal data processed to this extent.
(6) You and every other user of your computer may object to the use and processing of your or his/her personal data at any time, whether in general or concerning specific uses (e.g. receiving information and other offers – para. 3) and may also request information concerning this data or its rectification. Such requests are to be addressed to: dailytools GmbH, Unter Altstadt 10, 6301 Zug, Switzerland. In this case, the personal data accumulated during the course of the access or other use will be deleted or blocked directly afterwards, provided that deleting it does not conflict with legally or contractually stipulated record-keeping periods.
§ 7. Intellectual Property, Rights Violations
(1) All products, graphic art, user interfaces, audio clips, video clips, editorial content, as well as scripts and software in the Joosoft.com service are copyrighted. Their use is only condoned in the context of using the Joosoft.com service. No part of the service may be copied in any form or by any means.
(2) You are not permitted to process, rent or loan out, sell, or otherwise disseminate any service or parts thereof. You are expressly forbidden to produce derived creative work or use the service in an inadmissible way, especially not by hacking into or interfering with the network capacity.
(3) You are not permitted to reverse engineer, decompile, dismantle, or make any other inadmissible changes to the Joosoft service or parts thereof, nor are you permitted to attempt to do this or help others to do so. Damaging system or network security features may result in civil or criminal liability.
(4) All copyrights and other rights to the Download Portal, its contents, Joosoft software, and other Joosoft services remain with Joosoft or their respective copyright holders and are not transferred to you; instead, you are only granted rights of use to the extent of the usage stipulated in the agreement. All corresponding rights are reserved. The Joosoft software represents a trade secret of Joosoft and is copyrighted. The texts, images, graphic art, audio clips, and all other content of the Download Portal are also copyrighted within the scope of the respective applicable law.
(5) If you send Joosoft personal contributions, comments, images, or other content or created work, you thereby grant Joosoft rights of use that are completely free of charge, permanent, irrevocable, unlimited with respect to time, place, and subject matter, transferrable, sublicensable, and nonexclusive. Moreover, these rights of use also include the right to publicize, copy, disseminate, send, display, change, and produce second-hand creative work. Joosoft is permitted to use this content on its Download Portal and other websites without seeking further confirmation. You guarantee Joosoft and ensure that you are in possession of all rights necessary for granting such rights to Joosoft and will indemnity Joosoft completely in the event of justified or unjustified claims by third parties and will support Joosoft in defending itself against such claims.
(6) If you determine that certain content on the Download Portal or software featured on the Download Portal violates your own rights or those of third parties or is dangerous or otherwise objectionable, you shall notify Joosoft of this immediately at: support@Joosoft.com
If any content and created work that you have sent Joosoft contains personal data and you have objected to its being used or processed, you shall likewise notify Joosoft concerning this content and created work and identify the specific personal data. Joosoft may continue to use the personal data thus integrated in the content and created work until the notification has been received and during a reasonable amount of time needed for its removal.
(7) Graphic art, program codes, articles, editorial content, videos, clips, or software generated by Joosoft.com that is labeled in such a way as to permit its further use must be adopted in its available form. Any manipulation is expressly forbidden.
§ 8. Term of Agreement, Termination / Cancelation, Results of Termination
(1) This agreement is concluded for an indeterminate period of time. Joosoft may terminate it wholly or in part at any time and without stating reasons by sending a notification via email, Joosoft software, announcements on the Joosoft website, or other suitable means. Once the services of Joosoft stop being used, this agreement shall be regarded as automatically canceled. You may also terminate/cancel this agreement immediately at any time and without stating reasons by notifying Joosoft by email: support@Joosoft.com
(2) Once this agreement has been terminated or canceled, regardless of the reason, all rights of use granted by Joosoft in the context of this agreement shall become void and you shall be obligated to uninstall the Joosoft software without delay, to refrain from using it, and to delete all copies of it. The exclusion of any guarantee or liability on the part of Joosoft as well as the regulations with respect to intellectual property shall persist past the end of the agreement. Similarly, Joosoft has the right to continue using your data for the purposes listed in these terms and conditions.
§ 9. Changes to These Terms and Conditions, Notifications
(1) Joosoft may adapt these agreement terms and conditions, including the data protection statements, at any time. Joosoft will provide you with suitable notification of these changes, such as via a publication on the Joosoft website. Unless you expressly terminate the agreement within 14 days, the amended agreement terms and conditions thus announced shall be construed as having been accepted by you as of the date indicated and shall replace the existing agreement terms and conditions. Joosoft will advise you of these legal consequences every time that changes are made.
(2) Notifications sent to you by Joosoft to the email address you provided when registering shall be regarded as delivered on the date dispatched (at this time), even if the email address should no longer be serviceable. It is your responsibility to send a notification to support@Joosoft.com to inform Joosoft of any address changes and to ensure that you receive emails from Joosoft as well as in a timely fashion. Joosoft can also deliver notifications and information to you in a legally effective manner via Joosoft software, announcements on the Joosoft website, or other suitable means.
(3) Notifications to Joosoft are to be sent to: support@Joosoft.com
§ 10. Other Provisions
(1) If a court or other responsible authority regards a regulation of the present agreement terms and conditions as invalid or unenforceable, it is to be replaced by a provision that comes as close as possible to the original regulation yet is valid and enforceable, and the remaining provisions of this agreement are to be interpreted in the way that corresponds best to the will of the parties.
(2) Any transfer of this agreement, its rights and obligations, or corresponding requirements shall be excluded without approval by Joosoft. However, Joosoft may transfer the present agreement and the rights, obligations, and requirements arising from this agreement to third parties, whether wholly or in part.
(3) The place of fulfillment for services arising from this agreement shall be the registered office of dailytools GmbH.
§ 11. Applicable Law and Place of Jurisdiction
This agreement is subject to Swiss law.
The place of jurisdiction for all legal disputes arising from this agreement shall be Switzerland.
dailytools GmbH, Unter Altstadt 10, 6301 Zug, Schweiz
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