§ 2 Scope of the License

For the duration of this agreement, the Licensor grants the Licensee the simple, non-exclusive and personal right (hereinafter also referred to as the "License") to use the software exclusively on BAB Products and Compatible Products in accordance with this General Software License Agreement. Any other or further use is not permitted. The Licensee is entitled to create a backup copy of the software solely for backup purposes, which is subject to the same restrictions and conditions as the software downloaded from the APPMARKET Online Shop.

§ 3 Special Restrictions, Resellers

The Licensee is prohibited from:

• a) transferring the software to a third party or otherwise making it accessible to a third party without the Licensor's prior written consent, whereby renting and lending are also expressly prohibited,
• b) translating or modifying the software (in particular editing it) or creating derivative works from it,
• c) decompiling, reverse engineering, or otherwise reconstructing or disassembling the software without the Licensor's prior written consent,
• d) reproducing the software, subject to the provisions of this General Software License Agreement, or
• e) transferring the license to third parties or granting a sublicense, subject to the provisions of this General Software License Agreement.

However, the Licensee who is a reseller has the right to grant sublicenses; the reseller must nevertheless ensure that the provisions of this General Software License Agreement are complied with with respect to the reseller's own Licensee ("Purchaser") (e.g. that the Purchaser is subject to the same restrictions with regard to making copies and may only create one backup copy). The Licensee shall therefore impose corresponding obligations and restrictions on the sub-licensee in a manner that entitles the Licensor to assert claims for breach of this General Software License Agreement directly against the Purchaser.

§ 4 Copyrights

The Licensee acquires only a limited right of use, but under no circumstances any rights to the software itself. In particular, the Licensor reserves all publication, reproduction, editing and exploitation rights to the software.

The software is protected by copyright. The Licensee is obliged to affix the Licensor's copyright notice on the backup copy of the software or to include it therein. Any copyright notice contained in the software as well as any registration number included in it may not be removed.

§ 5 Ownership, Trade Secrets

Both the software and the software documentation constitute trade secrets of the Licensor and/or are protected under copyright law and other rights; ownership of the software and the software documentation remains with the Licensor at all times. Licensors are the holders of all legal claims, copyrights and any other proprietary rights to and in each software package; any parts and copies of the software package remain the property of the Licensor.

With the exception of the license rights granted in this General Software License Agreement, the Licensee acquires no expectant right, title or interest in or to the software package.

The Licensee undertakes not to remove any trademark, trade name or copyright notices from the software package or from copies of the software package received under this General Software License Agreement, or from backup copies and/or any parts of the software package that are or will be embedded in other programs.

§ 6 Confidentiality

The Licensee receives the software package on the condition that it is treated confidentially; it is the Licensee's responsibility to take all measures necessary to continuously ensure the protection of the ownership of the software package as well as its confidential treatment. In particular, the Licensee is prohibited from disclosing the software package to third parties in any form, or from sublicensing, lending, transferring ownership of, leasing or otherwise transferring it to third parties, unless permitted to do so under this General Software License Agreement, e.g. as a reseller.

§ 7 Changes, Software Updates (Upgrades & Updates)

The software package is subject to software changes by the Licensor. This General Software License Agreement grants the Licensee no right to, or license for, improvements, modifications or updates to the software or the software documentation, or any other support services. The Licensee is free to obtain such improvements, modifications or updates and support services from the Licensor. The Licensor has the right to offer these improvements, modifications or updates and support services, including updates and upgrades, free of charge or for a fee.

§ 8 Warranty

The Licensee must notify the Licensor in writing of any possible defects without delay, i.e. any immediately recognizable defects must be reported within 10 (ten) days of delivery. If no written notice of defects is received by the Licensor within the aforementioned period, no claims may be derived from such defects against the Licensor.

Within a period of 3 months, the Licensor guarantees the proper replacement of the software in the event of defects covered by the warranty, and that the respective version of the software functions and can be used on compatible products.

The Licensor's warranty obligation is deemed fulfilled upon delivery of a replacement for the software, which constitutes the Licensee's sole and exclusive remedy.

In the event that the replacement delivery does not reach the Licensee within 3 months, or the delivery cannot be ensured by the Licensor within this period, the Licensee has the right to demand withdrawal from this General Software License Agreement or a reduction of the license fee paid. The Licensor assumes no warranty whatsoever that the software or its data structures are free of bugs (program errors). The warranty assumed here likewise does not extend to malfunctions attributable to improper operation or other causes outside the Licensor's sphere of influence and for which the Licensor has not given written consent. Any assertion of other warranty claims is excluded. Further claims for any reason whatsoever are excluded.

§ 9 Liability

The provisions made in this regard in the General Terms and Conditions and Customer Information of the APPMARKET Online Shop (https://bab-appmarket.de/business-terms/) shall apply.

§ 10 Prices and Payment Terms

The provisions made in this regard in the General Terms and Conditions and Customer Information of the APPMARKET Online Shop (https://bab-appmarket.de/business-terms/) shall apply.

§ 11 Governing Law and Jurisdiction

This software license agreement is governed by the law of the Federal Republic of Germany, excluding any provisions of private international law (conflict of laws).

The place of performance for all services as well as the place of jurisdiction is the Licensor's registered office. The same applies if the Licensee has no general place of jurisdiction in Germany or the EU, or if the Licensee's domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to also bring an action before a court of any other statutory jurisdiction.

The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

§ 12 Miscellaneous

The invalidity of any provision of this software license agreement shall not affect the validity of the remaining provisions of this software license agreement. This software license agreement constitutes the complete and exclusive statement of intent between the contracting parties with respect to this software license agreement. This software license agreement may only be amended, modified or supplemented by written agreement.

The Licensee agrees that the Licensor has the right to make its customer data available to BAB APP MARKET GmbH and to carry out any actions resulting from and in connection with the use of the APPMARKET Online Shop, in particular to collect the license fee and to deliver the software package.

§ 13 Reservation Clause

The Licensor reserves all rights not expressly mentioned in this software license agreement.