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This Agreement governs the relationship between the licensee (hereinafter: Licensee) and weweave UG (limited liability), whose principal place of business is Fichtenweg 8d, 65510 Idstein, Germany (Hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using Mermaid Charts & Diagrams for Confluence (hereinafter: The Software) created and owned by Licensor, as detailed herein.
2. License
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grant
Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Commercial, Royalty free, Without the rights to create derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
Limited: Licensee may use Software for the purpose of:
Running Software on Licensee’s Website[s] and Server[s];
Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s];
Publishing Software’s output to Licensee and 3rd Parties;
Distribute verbatim copies of Software’s output (including compiled binaries).
Binary Restricted: Licensee may sublicense Software as a part of a larger work containing more than Software, distributed solely in Object or Binary form under a personal, non-sublicensable, limited license. Such redistribution shall be limited to unlimited codebases.
Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
Commercial, Royalty Free: Licensee may use Software for any purpose, including paid-services, without any royalties.
3. Term &
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termination
The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee:
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In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
5. Upgrades,
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updates and
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fixes
Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge within the agreed validity of the license; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
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Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.
10. Data
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privacy and
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data protection
The Licensor respects the privacy of the Licensee’s data.
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Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor’s intellectual property rights or Licensor’s title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
12. Governing
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law,
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jurisdiction
Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full. The place of contractual fulfilment and exclusive court of jurisdiction for both parties is Idstein, Germany.
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