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TUBE APPS UG (HAFTUNGSBESCHRÄNKT) END USER LICENSE AGREEMENT (“LICENSE AGREEMENT”)

PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY BEFORE YOU START USING THE SOFTWARE.
TO ENTER INTO THIS LICENSE AGREEMENT, YOU MUST BE AN ADULT. IF YOU ARE A CHILD, YOU MUST ASK ONE OF YOUR PARENTS OR LEGAL GUARDIAN TO READ AND ACCEPT THIS LICENSE AGREEMENT FOR YOU. PARENT(S) OR HOLDER(S) OF PARENTAL RESPONSIBILITY MUST ACCEPT THIS LICENSE AGREEMENT ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT.
BY RUNNING THE SOFTWARE, OR CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR ENTERING CORRESPONDING SYMBOL(S) YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS LICENSE AGREEMENT ON BEHALF OF YOURSELF OR YOUR CHILD AND YOU TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT.
ALSO RUNNING THE SOFTWARE, OR CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR ENTERING CORRESPONDING SYMBOL(S) CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND ENTITLES YOU THE RIGHT TO USE THE SOFTWARE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT OR YOU ARE NOT AN ADULT, YOU MUST ABORT THE INSTALLATION OF THE SOFTWARE AND/OR DELETE THE SOFTWARE.
IF LICENSE CONTRACT OR SIMILAR DOCUMENT ACCOMPANIES SOFTWARE, TERMS OF THE SOFTWARE USE DEFINED IN SUCH DOCUMENT PREVAIL OVER THE CURRENT LICENSE AGREEMENT.

1. Definitions
1.1. Software means software, accompanying/related materials, and Updates, as described in the User Manual.
1.2. Rightholder (owner of all rights, whether exclusive or otherwise to the Software) means Tube Apps UG (haftungsbeschränkt) , a company incorporated according to the laws of Germany.
1.3. Computer — the operating system, virtual machine or hardware, including the workstation, mobile device or server for which the Software is intended and/or on which the Software is to be installed and/or used.
1.4. End User (You/Your) means individual(s) installing or using the Software on their own behalf or who are legally using a copy of the Software; or, if the Software is being downloaded or installed on behalf of an organization, such as an employer, “You” further means the organization for which the Software is downloaded or installed and it is represented hereby that this organization has authorized the person accepting this License Agreement to do so on its behalf. For purposes hereof the term “organization”, without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.
1.5. Partner(s) means organizations or individual(s) who distribute the Software based on an agreement and license with the Rightholder.
1.6. Update(s) — improvements, patches, extensions and/or modifications for the Software.
1.7. Software extensions — additional software components and services provided by the Rightholder that extend the functionality of the Software and can be used with the Software or independently of it and for which a new license may need to be acquired or the existing one extended. Some extensions are provided free of charge and others for a fee. You can find out more about these extensions before acquiring them.
1.8. User Manual means user manual, administrator guide, reference book and related explanatory or other materials.
1.9. License Certificate means a document that may be given to the End User which is accompanied by an activation code as well as further information about the license.

2. Grant of License
2.1. You are granted a non-exclusive license to use the Software within the scope of the Software’s functionality described in the User Manual or on the Rightholder’s Technical Support website, provided that You comply with all technical requirements, restrictions and terms of use specified in this License Agreement.
Trial Version. If you have received, downloaded and/or installed a trial version of the Software and are hereby granted an evaluation license for the Software, you may use the Software only for evaluation purposes and only during the single applicable evaluation period, unless otherwise indicated, from the date of the installation of the trial version. Any use of the Software for other purposes or beyond the applicable evaluation period is strictly prohibited.
Multiple-Environment Software; Multiple-Language Software; Dual-Media Software; Multiple Copies; Bundles. If you use different versions of the Software or different language editions of the Software, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total permitted number of your Computers on which all versions of the Software are installed shall correspond to the number of computers specified in licenses you have obtained from the Rightholder provided that, unless the licensing terms provide otherwise, each acquired license entitles you to install and use the Software on the number of Computer(s) and/or for the number of User Accounts as is specified in Section A Clauses 2.2 and 2.3.
2.2. If the Software was received/acquired via the Internet You have the right to use the Software for the number of Computers and/or User Accounts as was specified when You acquired the license to the Software.
2.3. If the Software was acquired on a physical medium You have the right to use the Software for the number of Computer(s) and/or User Accounts as is specified on the Software package or in the accompanying document.
2.4. You have the right to make a copy of the Software solely for backup purposes and only to replace the legally owned copy if this copy is lost, destroyed or becomes unusable. This backup copy cannot be used for other purposes and must be destroyed when you lose the right to use the Software or when Your license expires or is terminated for any other reason, including reasons specified in Section A Clause 3.15, according to the legislation in force in the country of your principal residence or in the country where You are using the Software.
2.5. You can transfer the non-exclusive license to use the Software to other individuals within the scope of the license granted by the Rightholder to You, provided that the recipient agrees to be bound by all the terms and conditions of this License Agreement and to replace you in full in the license granted by the Rightholder. In case You fully transfer the rights granted from the Rightholder to use the Software You must destroy all copies of the Software, including the backup copy. If You are a recipient of a transferred license You must agree to abide by all the terms and conditions of this License Agreement. If You do not agree to be bound by all the terms and conditions of this License Agreement, You may not install and/or use the Software. You also agree as the recipient of a transferred license that You do not have any additional or better rights than those of the original End User who acquired the Software from the Rightholder.
2.6. After activating the Software (except Software intended for evaluation purposes) within the period specified on the package (if the Software was not acquired via the Internet) or specified during confirming a subscription order or purchasing the Software (if the Software was acquired via the Internet), You will receive Updates and the latest versions of the Software from the Rightholder or its Partners, as well as technical support as per Section A Clause 6.
3. Activation and period of use
3.1. The period of use is not limited by the Rightholder.
3.2. If You received from the Rightholder the Software for evaluation purposes, information about the period of use of the Software is indicated in the relevant section of the Rightholder’s website or can be obtained using the methods described in the User Manual.

4. Technical Support
4.1. The Technical Support is provided to You when the latest Update of the Software is installed (except for a trial version of the Software) in accordance with Technical Support rules.
Technical Support service and its rules are located at: tubeapps.net/support .

5. Limitations
5.1. You shall not emulate, clone, rent, lend, lease, sell, modify, decompile, or reverse-engineer the Software or disassemble or create derivative works based on the Software or any portion thereof with the sole exception of a non-waiverable right granted to You by applicable legislation, and you shall not otherwise reduce any part of the Software to human-readable form or transfer the licensed Software, or any subset of the licensed Software, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Neither the Software’s binary code nor source may be used or reverse-engineered to re-create the program algorithm, which is proprietary. All rights not expressly granted herein are reserved by Rightholder and/or its suppliers, as applicable. Any unauthorized use of the Software shall result in immediate and automatic termination of this License Agreement and the license granted hereunder and may result in criminal and/or civil prosecution against You.
5.2. The acquired license is granted as a whole, which must not be divided into parts for the purpose of distributing them to third parties on a commercial basis.
5.3. If You are using the trial version of the Software You do not have the right to receive the Technical Support specified in Section A Clause 6 of this License Agreement and You do not have the right to transfer the license or the rights to use the Software to any third party.

6. Limited Warranty and Disclaimer
6.1. The Software is intended to operate as described in the User Manual and, if supported versions of the Software are used, the installation by the End User of all the latest updates for the Software, unless otherwise stipulated in the License Agreement. The list of supported versions is available at tubeappps.net.
6.2. You agree that the Software is supplied with the option of automatic renewal, which provides automatic downloading and installation of enhancements, patches and/or modifications for the Software and components, as well as new versions of the Software.
6.3. You acknowledge, accept and agree that no software is error-free and You are advised to back up the Computer with the frequency and reliability suitable for You.
6.4. THE SOFTWARE IS PROVIDED “AS IS” AND THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. THE RIGHTHOLDER AND ITS PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY FOR A PARTICULAR PURPOSE. YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO THE RIGHTHOLDER.

10. Exclusion and Limitation of Liability
10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RIGHTHOLDER OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE AGREEMENT, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE RIGHTHOLDER OR ANY OF ITS PARTNERS, EVEN IF THE RIGHTHOLDER OR ANY PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT IN THE EVENT THE RIGHTHOLDER AND/OR ITS PARTNERS ARE FOUND LIABLE, THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS SHALL BE LIMITED BY THE COSTS OF THE SOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHTHOLDER OR THE PARTNER (AS MAY BE APPLICABLE).
NOTHING IN THIS LICENSE AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS LICENSE AGREEMENT CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY THAT DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
8. GNU and Other Third-Party Licenses
8.1. The Software may include some software programs that are licensed (or sublicensed) to the End User under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the End User to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code “Open-Source Software”). If these licenses require that for any software, which is distributed to someone in an executable binary format, that the source code also be made available to those users, then the source code could be found either supplied with the Software, or could be made available by sending a request to source@kaspersky.com. If any Open-Source Software licenses require that the Rightholder provide rights to use, copy or modify an Open-Source Software program that are broader than the rights granted in this License Agreement, then these rights shall take precedence over the rights and restrictions herein.

9. Intellectual Property Ownership
9.1. You agree that the Software and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Software are proprietary intellectual property and/or the valuable trade secrets of the Rightholder or its Partners and that the Rightholder and its Partners, as applicable, are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patents of the Russian Federation, European Union and the United States, as well as other countries and international treaties.
This License Agreement does not grant You any rights to the intellectual property, including any Trademarks or Service Marks of the Rightholder and/or its Partners (“Trademarks”). You may use the Trademarks only insofar as to identify printed output produced by the Software in accordance with accepted trademark practice, including identification of the Trademark owner’s name. Such use of any Trademark does not give you any rights of ownership in that Trademark.
The Rightholder and/or its Partners own and retain all right, title, and interest in and to the Software, including without limitation any error corrections, enhancements, Updates or other modifications to the Software, whether made by the Rightholder or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein.
Your possession, installation or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this License Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software. Except as stated herein, this License Agreement does not grant you any intellectual property rights in the Software and you acknowledge that the license, as further defined herein, granted under this License Agreement only provides you with a right of limited use under the terms and conditions of this License Agreement. Rightholder reserves all rights not expressly granted to you in this License Agreement.
9.2. You agree not to modify or alter the Software in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Software.
9.3. Violation of the intellectual rights to the Software shall result in civil, administrative or criminal liability in accordance with the law.

10. Governing Law
10.1. This Licence Agreement shall be governed by and construed in accordance of the laws of Germany.
10.2. The End User is responsible for contacting only the Rightholder or their Partners directly if having any problems with the product.

11. Period for Bringing Actions
11.1. No action, regardless of form, arising out of the transactions under this License Agreement may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.

12. Entire Agreement; Severability; No Waiver
12.1. This License Agreement is the entire agreement between you and Rightholder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Software or to the subject matter of this License Agreement. You acknowledge that you have read this License Agreement, understand it and agree to be bound by its terms. If any provision of this License Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire License Agreement will not fail on account thereof and the balance of the License Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of Rightholder provided that no waiver of any breach of any provisions of this License Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Rightholder’s failure to insist upon or enforce strict performance of any provision of this License Agreement or any right shall not be construed as a waiver of any such provision or right.

13. Rightholder Contact Information
Should you have any questions concerning this License Agreement, or if you desire to contact the Rightholder for any reason, please contact our Customer Service Department at:

Tube Apps UG (haftungsbeschränkt)
Hamburger Kamp 13
24306 Plön
Deutschland
E-mail: info@tubeapps.net
Web site: tubeapps.net

© Tube Apps UG (haftungsbeschränkt) 2020. All Rights Reserved.