End User License Agreement (EULA) for PlayoutBee
This End User License Agreement ("Agreement") is a legally binding agreement between you ("Licensee", "you") and Jonas Dautel (known as ByteHive) ("Licensor", "we", "us") governing your use of the software product PlayoutBee ("Software").
By installing, copying, or using the Software, you agree to be bound by this Agreement. If you do not agree, do not install or use the Software.
1. License Grant
Subject to your compliance with this Agreement and payment of applicable license fees, Licensor grants you a non-exclusive, non-transferable, non-sublicensable license to use the Software under the terms described below.
1.1 Single Device License
A Single Device License allows you to:
- Install and run the Software on one (1) device at a time.
- Maintain one additional standby or backup installation, provided that the Software is not used simultaneously on more than one device.
Running the Software on more than one device at the same time under a Single Device License is strictly prohibited.
1.2 FLEX License
A FLEX License allows you to:
- Install and use the Software on up to three (3) devices simultaneously.
- Use the Software across any supported platform, without platform restriction.
2. License Restrictions
You may not:
- Copy, modify, reverse engineer, decompile, or disassemble the Software.
- Rent, lease, lend, sell, sublicense, or distribute the Software.
- Circumvent or attempt to circumvent license enforcement mechanisms.
- Use the Software in any unlawful manner or in violation of applicable laws.
3. Ownership
The Software is licensed, not sold. Licensor retains all rights, title, and interest in and to the Software, including all intellectual property rights.
4. Updates and Maintenance
- Your purchase includes free software updates for one (1) year from the date of purchase.
- Updates may include bug fixes, improvements, and feature enhancements.
- After the one-year update period, continued access to updates may require a separate purchase or renewal.
- Licensor is not obligated to provide updates but may do so at its discretion.
5. Refund and Exchange Policy
5.1 Refund Policy
If you are not completely satisfied with your purchase, you are entitled to a full refund within 30 days of the purchase date.
To request a refund, please contact customer support and provide:
- Purchase date.
- Purchase confirmation number.
- Name under which the purchase was made.
- Reason for dissatisfaction.
5.2 Exchange Policy
If the 30-day refund period has expired, you may request an exchange between day 31 and day 60 after purchase.
- Exchanges are limited to software of equivalent value.
- Platform changes are permitted under this policy.
6. Termination
This Agreement is effective until terminated. Licensor may terminate this Agreement immediately if you breach any of its terms. Upon termination, you must cease all use of the Software and uninstall all copies.
7. Disclaimer of Warranties
The Software is provided "as is" and "as available", without warranty of any kind.
To the maximum extent permitted under German law, Licensor disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
8. Limitation of Liability
To the maximum extent permitted by applicable law:
- Licensor shall not be liable for any indirect, incidental, special, or consequential damages.
- Licensor's total liability shall not exceed the amount paid for the Software.
Nothing in this Agreement limits liability for intent, gross negligence, or liability that cannot be excluded under German law.
9. Data Protection
Licensor processes personal data in accordance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR). Details are provided in the Privacy Policy.
10. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the Federal Republic of Germany, excluding its conflict of law rules.
The place of jurisdiction shall be Germany, provided the Licensee is a merchant (Kaufmann) or legal entity under public law.
11. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the Software and supersedes all prior agreements or understandings.