End User License Agreement
Copyright (c) 2018 by Katsuna GmbH
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, installing and/or using the Katsuna software("Software"), you agree that this End User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Katsuna GmbH your use of this software indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Katsuna GmbH("Company") grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Katsuna Software("Company") in accordance with this Agreement and any other written agreement with Katsuna GmbH. Katsuna GmbH does not transfer the title of Katsuna software to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Katsuna GmbH and the purchasers or users of this software.
If you do not agree to be bound by this agreement, deinstall/unload the Software immediately.
Katsuna Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred, decompiled (i.e recompilation into the source code) or sub-licensed in whole or in part. For information about distribution of Katsuna Software contact Katsuna GmbH.
3. USER AGREEMENT
Your license to use Katsuna software is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Katsuna software.
Only private use of this software is allowed. Commercial use of the software is not allowed.
3.2 Use Restrictions
You shall use the Software in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Katsuna Software together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Katsuna Software may be used on one single device by one user. Use of Katsuna Software means that you have loaded, installed, or run Katsuna Software on a mobile phone or similar device. If you install Katsuna software onto a multi-user platform, server or network, each and every individual user of Katsuna Software must be licensed separately.
Other users may not use your copy of Katsuna Software. The assignment, sublicense, networking, sale, or distribution of copies of Katsuna Software are strictly forbidden without the prior written consent of Katsuna GmbH. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Katsuna Software. If any person other than yourself uses Katsuna Software registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation.
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Katsuna Software. Nor can you create any derivative works or other works that are based upon or derived from Katsuna Software in whole or in part.
Katsuna name, logo and graphics that represents Katsuna Software shall not be used in any way to promote products developed with Katsuna Software. Katsuna GmbH retains sole and exclusive ownership of all right, title and interest in and to Katsuna Software and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Katsuna Software, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Katsuna GmbH.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Katsuna GmbH , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Katsuna GmbH's Software. We are not accountable/responsible for any faults/errors in the product
The tests provided within Katsuna Software are not replacing medical tests and cannot be used as outcome of a medical examination.
In no event (including, without limitation, in the event of negligence) will Katsuna GmbH , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Katsuna Software or the use or inability to use Katsuna Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Katsuna GmbH's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Katsuna GmbH ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Katsuna GmbH.
Except as expressly stated in writing, Katsuna GmbHs makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Switzerland applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Switzerland therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Katsuna Software and destroy all copies of Katsuna Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE LICENSED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Katsuna GmbH AS WELL.
5. CONSENT OF USE OF DATA
At Katsuna we collect and process available information to provide better services to users.
Why we process data?
We process data for various reasons, including to:
- Help our services deliver more useful and customized content tailored to user needs and capabilities
- Provide useful notifications to users
- Improve the quality of our services and develop new services and use cases
- Conduct analytic research to measure and understand how our services are used
You agree that Katsuna GmbH may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Katsuna software.