Terms & Conditions
Please read the terms of this license agreement (the „Agreement“) governing the use of the software provided to you by Carsten Heinelt (the „Licensor“) before using the software.
This is an Agreement between you, the end user (the “Licensee”), and Licensor. By using this software you accept the terms of this License or using the Dive Converter software (all titles and versions), data, and documentation (the “Software”), you are agreeing to be bound by the terms of this Agreement.
The Software consists of a process for downloading user dive logs and exporting in them in an XML based file format. The Software is protected by U.S. and foreign copyright laws. You have no ownership rights in the Software. Rather, you have a license to use the Software solely for the limited purposes of downloading and exporting dive logs.
Licensee understands and agrees that the trademarks, trade names, service marks, copyrights, and other proprietary rights of Licensor are and shall remain the sole and exclusive property of Licensor, and that Licensee will not hold itself out as having any ownership rights thereto. Licensee further agrees that it will make no use of such rights except as provided in this Agreement.
You do not have the right to sell, assign, sublicense, rent, lease, loan, convey, reproduce, distribute or otherwise transfer, the Software to any third-party, or copy, duplicate, translate or convert to another programming language the Software, except as expressly provided herein. You have no right to alter or modify the Software or create any derivative work. You may not reverse engineer, decompile, disassemble, or otherwise
access source code or the logical structure and contents of the Software.
Except as expressly provided herein, no license or right, express or implied, is hereby conveyed or granted by Licensor to you for any intellectual property of Licensor. All rights not specifically granted by this Agreement are reserved by Licensor.
Ownership and Copyright
You agree to comply with all applicable export control laws and regulations of the country involved, and not to export or re-export, directly or indirectly, the Software in violation of any such laws and regulations.
Support and Update
Account Processing and Payments
Processing and payments including the activation and cancelation of your account is handled through the Apple store settings. If you have any questions or concerns regarding your account please contact us at firstname.lastname@example.org.
Disclaimer of Warranty
Licensor does not warrant the completeness or accuracy of the Software, or that its use will meet your needs or be uninterrupted or error-free.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE IS LICENSED “AS IS” AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT LICENSOR AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN SUCH STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Licensor and affiliates, their distributors and dealers do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free.
No Consequential Damages
Waiver of Liability
Term, Termination and Transfer
U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE
This Agreement shall be governed by the laws of Germany. Any action relating to this Agreement shall be brought in federal or state court in Germany and the parties consent to the personal jurisdiction of either such court.
Any mediation, suit or other proceeding must be filed within one (1) year of the date of any accident, incident, or occurrence upon which the claim for relief is based. Licensee agrees and acknowledges that the terms and conditions of this Agreement shall continue in force and effect now and in the future and all times during which Licensee uses the Software, and shall be binding upon my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf.
BY DOWNLOADING AND USING THE SOFTWARE, YOU SHALL BE DEEMED TO HAVE ACKNOWLEDGED THAT YOU HAVE READ
THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND LICENSOR CONCERNING THE SUBJECT MATTER HEREOF WHICH SUPERSEDES ANY PROPOSALS OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF LICENSOR.
I have read, understand the information above, and agree to same and wish to download the designated software.