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Holoplot provides software for the configuration and use of its audio technology to improve the sound for the specific local situation. This software is available for Windows, MacOS and Linux operating systems. For any use of the software, a registration of the user of Holoplot’s software and a registered Holoplot device is required. However, the registered device does not need to be the property of the User.
Now, THEREFORE, the parties hereby agree as follows:
1 Definitions
♣ “Holoplot” means the Holoplot GmbH, Ringbahnstr. 12 (10-14) / A2, 12099 Berlin, Germany.
♣ “User” means the entity who entered into this Agreement.
♣ “Software” means all computer programs distributed by Holoplot under this license.
♣ “Website” refers to Holoplot’s website located at www.holoplot.com, and all content, services, and products provided by Holoplot at or through the Website.
2 Subject Matter of the Agreement
2.1 Through this Agreement, Holoplot grants to the User rights in the software to allow the User to use the Software in accordance with its intended purpose.
2.2 There are personal accounts provided for the Users on the Website of Holoplot, and the User is required to have an account to use the Software. Exceptionally Holoplot can also enable the use of the Software on the basis of an individual contact (e.g. via email).
3 Grant of Rights
3.1 Holoplot grants to the User the non-exclusive, worldwide, and perpetual right
♣ to reproduce the Software for installing and running the Software or multiple copies of the Software on his own computer,
♣ to configure the Software according to the needs of the User.
The grant of rights covers all kind of intellectual or industrial property of Holoplot.
3.2 The User is not permitted to distribute and/or modify the Software. The second-hand sale of Holoplot’s devices with the Software is permitted according to sec. 5 of the License Agreement.
3.3 The Software may contain components that are licensed as open source software. A list of such open source components and the corresponding license conditions are provided together with the software (e.g. in the program menu). The User may acquire additional non-exclusive rights to use the open source software from the respective rights holders under the conditions provided for in the applicable open source licenses. This License Agreement applies only to those components that are not licensed as open source software. However, the provisions on liability and warranty apply to the Software as a whole with regard to Holoplot. The liability and warranty provisions of the open source licenses only apply with regard to the respective rights holders.
3.4 For the avoidance of doubt, where statutory limitations apply to the use of the Software, such use is not restricted by this License Agreement.
4 Trademarks
4.1 Holoplot owns trademarks contained in the Software. User shall not alter or remove any trademark or other proprietary notices contained within or associated with each copy of the Software.
4.2 Nothing contained in the License Agreement should be construed as granting, by implication or otherwise, any license or right to use any of Holoplots’s trade names or trademarks without Holoplot’s express prior written consent.
5 Compensation
Holoplot grants the rights and licenses in the Software free of charge and without any royalties.
6 Second-hand sale of devices
If the owner of a Holoplot device wants to sell the device to a third party the acquirer needs to be registered at Holoplot’s website to be able to use the Software for the configuration of the device. Furthermore, the product key of the device must be entered again at the website of Holoplot. Accordingly, the User must provide the acquirer with the product key received from Holoplot together with the product or otherwise.
7 Obligations of the User
The User is responsible for maintaining the security of his/her account and password. Holoplot is not be liable for any loss or damage from the User’s failure to comply with this security obligation.
8 Warranty
Holoplot warrants and represents that the Software can be used in accordance with its intended purpose if the system requirements are met. The current system requirements can be found on Holoplot’s website.
9 Liability
Claims for damages and claims for compensation against Holoplot shall be excluded irrespective of their legal basis, unless the damage was caused wilfully or by gross negligence on the part of Holoplot.
10 Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, specifically excluding the application of principles of conflict of laws.
11 Court of Jurisdiction
All disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany.
12 General Provisions
12.1 The terms and conditions of this Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior understandings and agreements relating to the subject matter of this Agreement.
12.2 No amendment to this Agreement shall be valid, unless made in writing and signed by all of the parties hereto. The same shall apply to any amendment or annulment of this clause.
12.3 If any term or provision of this Agreement is construed to be or adjudged invalid, void or unenforceable, the remaining terms and provisions will remain in full force and effect. The invalid term or provision will be modified in such manner as to cause this Agreement to be valid and enforceable while preserving to the maximum extent possible the terms, conditions and benefits as negotiated by the parties; the same shall be done in case of a gap.
12.4 No failure or delay by either party in exercising any right or remedy under this Agreement shall operate as or be deemed to be a waiver of any such right or remedy.
