End User License Agreement for Twineworks GmbH Software.
Please read this End User License Agreement (“EULA”) before You download and Use the Software.
By downloading and Using the Software, You agree, without reservation, to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not download and Use the Software.
If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
You may not accept this EULA if You are not of legal age to form a binding contract with Twineworks GmbH.
In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
“Twineworks” Twineworks GmbH, Helmholtzstr. 28, 10587 Berlin, Germany, VAT number: DE293085796;
“Documentation” the detailed information about the Software, its features and the system requirements as made available on the website of Twineworks, as amended from time to time;
“Open Source Software” any software that requires as a condition of use, copying, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form, and (b) be licensed for the purpose of making and/or distributing derivative works, and © be redistributable at no charge;
“Software” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Twineworks, including any Updates;
“Updates” any modified versions and updates of, and additions to the Software;
“Use” the access, download, install, copy or get benefit from using the Software in accordance with the documentation.
“You” you, the final and ultimate user of the Software or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Software, and the company or other legal entity that will be the final and ultimate user of the Software, if applicable.
This EULA applies to any licenses granted to You by Twineworks for the Use of the Software.
By downloading and using the Software, You enter into this EULA with Twineworks.
This EULA may be modified from time to time. Twineworks will notify You of such modifications on its website or otherwise, e.g. by using the email address used to request access to downloads. Any modifications to this EULA shall only apply upon acceptance by You.
Twineworks grants You a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA. Twineworks reserves all rights not expressly granted to You.
Twineworks is and remains the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of Your Use of the Software.
Permitted use and restrictions
In order to be able to install the Software and receive updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements described in the Documentation that can be found on the webpage: https://tweakstreet.io/download/.
You shall Use the Software in accordance with applicable laws and shall not:
rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the Software;
Use the Software for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Software;
copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Software or any parts thereof, except to the extent permitted by applicable law.
Twineworks may modify the Software at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
Certain components of the Software are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. You shall adhere to these terms and conditions, which can be found in the license information files bundled in the Software download package.
Maintenance and support
Twineworks will notify You of any available Updates and upgrades.
Any maintenance and support provided by Twineworks, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
Use of data
Twineworks may process personal data with respect to You, if and to the extent necessary to provide maintenance and support to You with respect to the Software and to comply with its obligations under this EULA. To the extent Twineworks will process personal data, it will comply with its obligations under applicable data protection law. Please see our Privacy Statement for more details on the processing of Your personal data that Twineworks has collected and received through its website.
You Use the Software at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and Twineworks specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Twineworks, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
The liability of Twineworks and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to the Software and/or this EULA shall in no event exceed the total amount of 99 Euro.
Twineworks and any third party that has been involved in the creation, production, or delivery of the Software are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Software).
You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
Governing law and disputes
This EULA shall be governed by and construed in accordance with the laws of Germany, excluding its conflicts of law rules.
Any dispute between Twineworks and You shall exclusively be submitted to the competent court in Berlin, Germany.