1.1. The provider of the SELVE app and the SELVE cloud is SELVE GmbH & Co. KG, Werdohler Landstr. 286, 58513 Lüdenscheid, firstname.lastname@example.org (hereinafter: SELVE).
3. Subject matter of the contract
3.2. SELVE makes the SELVE app available to you for download. Within the app you can register for the SELVE cloud and use the cloud services.
3.3. Updates to the SELVE app and the SELVE cloud are provided by SELVE at its sole discretion. New versions may no longer contain all previous features and may not be compatible with older operating systems.
3.4. SELVE makes cloud services available to you in the SELVE cloud. Use of these services requires Internet access and requires your registration with a username and password.
4. Granting of rights
4.1. SELVE grants to you the non-exclusive, non-transferable and non-sublicensable right to use the SELVE app for the duration of this agreement. In particular, you are not entitled to sell, lend, rent, publicly disseminate or make available the SELVE app.
4.2. The contractual use includes the downloading, installation, loading, displaying and running of the SELVE app.
4.3. Furthermore, you are only entitled to copy, edit or decompile the SELVE app if this is legally permissible and only if the information that is necessary in this regard is not made available by SELVE on request.
5. Your obligations
5.1. When you register for the SELVE cloud, you must keep your password secret to prevent unauthorised access.
5.2. If you become aware of any misuse of your access data or of security gaps in the SELVE app or in the SELVE cloud, you must inform SELVE of such misuse or security gaps immediately.
6.1. SELVE provides you with the SELVE app free of charge.
6.2. SELVE also provides the cloud services in the SELVE cloud free of charge.
7. Term and termination
7.3. You can cancel the contract by uninstalling the SELVE app. SELVE can terminate the contract in text form, e.g. by showing notification of termination when the SELVE app starts.
8.1. SELVE shall be liable without restriction in the event of intent and gross negligence, for injury to life, limb or health, in accordance with the provisions of the Product Liability Act and to the extent of a guarantee assumed by SELVE.
8.2. In the event of a slightly negligent breach of an obligation, which is essential for achieving the purpose of the contract (cardinal obligation), SELVE's liability shall be limited in amount to the damage which is foreseeable and typical for the type of transaction in question.
8.3. More extensive liability on the part of SELVE does not exist. In particular, there is no liability for initial defects, unless the requirements stipulated in paragraphs 1, 2 are met.
8.4. The limitation of liability cited above shall also apply to the personal liability of the Licensor's employees, representatives and governing bodies.
9.1. Offsetting shall only be permitted against undisputed or legally established claims on the part of SELVE.
9.2. Your general terms and conditions do not apply.
9.3. This contract shall be governed exclusively by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods dated 11/04/1980 (UN Sales Convention).
9.4. The parties are aware that the software can be subject to export and import restrictions. In particular, there may be obligations to obtain permission, i.e. use of the software or associated technologies abroad may be subject to restrictions. You are obligated to comply with the applicable export and import control regulations of the Federal Republic of Germany, the European Union and the United States of America, as well as all other applicable regulations. The performance of the contract on the part of SELVE is subject to the reservation that there are no obstacles to performance due to national and international provisions of export and import law or any other statutory regulations.
9.5. Place of performance is Lüdenscheid, Germany. The exclusive place of jurisdiction is Lüdenscheid, Germany, provided that each party is a merchant or legal entity under public law.
9.6. Should individual provisions of this contract be invalid, this shall not affect the validity of the remaining provisions.