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End-User License AgreementLast updated: December 13th, 2022This End-User License Agreement (referred to as the "EULA") is a legally binding agreement between you, the
Licensee, an individual customer or entity, and Sidebar (Oliver Türk), the company, and the author of the Sidebar App, the
Software, which may include associated media, printed materials, and online or electronic documentation. This
Agreement is a legally binding contract that includes terms that limit your legal rights and Licensors'
liability to you, and shall govern all access to and use of this Software. You hereby agree, without limitation
or alteration, to all the terms and conditions contained herein.By installing, copying, or otherwise using the Licensed Product (Software), the Licensee agrees to be bound by
the terms and conditions outlined in this EULA. However, if the Licensee does not agree to the terms and
conditions outlined in this EULA, the said Licensee may not download, install, or use Software.Definitions"EULA" shall refer to this End-User-License-Agreement, including any amendment to this Agreement."Licensee" shall refer to the individual or entity that downloads and uses the Software."Licensor" shall refer to the company or author, Sidebar (Oliver Türk), located at Bernhardtgasse 15, 9800 Spittal an der
Drau, Austria."Software/Licensed product" shall mean the Sidebar App, the Licensed Product provided pursuant to this EULA.Grant of LicenseSubject to the terms of this EULA, the Sidebar (Oliver Türk). hereby grants to the Licensee, a royalty-free, revocable,
limited, non-exclusive license during the term of this EULA to possess and to use a copy of the Software. The
Software is being distributed by Sidebar (Oliver Türk). Licensee is not allowed to make a charge for distributing this
Software, either for profit or merely to recover media and distribution costs.Intellectual PropertyYou hereby unconditionally agree that all right, title and interest in the copyrights and other intellectual
property rights in the Licensed Product reside with the Licensors. The trademarks, logos, designs, and service
marks appearing on the Licensed Product are registered and unregistered marks of Licensor. Accordingly, nothing
in this EULA or the Licensed Product grants you any right to use any form of intellectual property contained in
the Licensed Product.Therefore, all rights, titles, interests, and copyrights in and/or to the Software, including but not limited to
all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned
by the Licensor. Accordingly, the Software is protected by all applicable copyright laws and international
treaties, and the Licensee is expected to use the Software concerning all intellectual property contained
therein, except as otherwise provided for in this EULA.Description of Rights and LimitationsInstallation and Use: Licensee may install and use the Software on a shared computer or concurrently on different
computers, and make multiple back-up copies of the Software, solely for Licensee's use within Licensee's
business or personal use.Reproduction and Distribution: Licensee may not duplicate or re-distribute copies of the Software, without the
Licensors express written permission.Licensee Limitation: The Licensee may not:
Use the Licensed Product for any purpose other than personal and non-commercial purposes;
Use the Licensed Product for any illegal or unlawful purpose;
Gather factual content or any other portion of the Licensed product by any automated means, including but not
limited to database scraping or screen scraping; or
Reverse engineer, decompile, or disassemble Software, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding the limitation.
Update and MaintenanceSidebar (Oliver Türk) shall provide updates and maintenance on a as-needed basis.SupportSidebar (Oliver Türk) has no obligation to Software support, or to continue providing or updating any of the Software.General ProvisionsTerminationIn the event of termination, all licenses provided under this EULA shall immediately terminate, and you agree to
discontinue accessing or attempting to access this Licensed product.Accordingly, this EULA may be:
Automatically terminated if the Licensee fails to comply with any of the terms and conditions under this
EULA;
Terminated by Sidebar (Oliver Türk); or
Terminated by the Licensee.
Either Sidebar (Oliver Türk) or the Licensee may terminate this EULA immediately upon written notice to the other party,
including but not limited to electronic mail.Non-TransferabilityThe Licensee has the option to permanently transfer all rights under this Agreement, provided the recipient
agrees to the terms of this EULA. Accordingly, this EULA is not assignable or transferable by the Licensee
without the prior written consent of Sidebar (Oliver Türk); and any attempt to do so shall be void.NoticeAny notice, report, approval or consent required under this EULA shall be in writing and deemed to have been duly
given if delivered by recorded delivery to the respective addresses of the parties.IntegrationBoth parties hereby agree that this EULA is the entire and exclusive statement and legal acknowledgement of the
mutual understanding of the parties and supersedes and cancels any previous written and oral agreement and/or
communication relating to the subject matter of this EULA.SeverabilityNo delay or failure to exercise, on the part of either party, any privilege, power or rights under this EULA
shall operate as a waiver of any of the terms and provisions of this EULA. Accordingly, no single or partial
exercise of any right under this Agreement shall preclude further exercise of any other right under this EULA.
Suppose any of the outlined provisions of this EULA is deemed to be unenforceable or invalid in whole or in part
by a court of competent jurisdiction. In that case, such provision shall be limited to the minimum extent
necessary for this EULA to remain in full force and effect and enforceable. The remaining provisions of this
Agreement shall not be rendered unenforceable or invalid. They shall continue to be enforceable and valid in
isolation of the unenforceable and invalid provisions of this EULA.Warranty and DisclaimerSidebar (Oliver Türk), and author of this Software, expressly disclaim any warranty for the Sidebar App. The Licensed Product
and all applicable documentation is provided as-is, without warranty of any kind, whether express or implied,
including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or
non-infringement. Accordingly, the Licensee accepts any risk arising out of the use or performance of the
Software.Limited LiabilityThe Licensee agrees that the Sidebar (Oliver Türk) shall not be liable to Licensee, or any other related person or entity
claiming any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct
or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if Sidebar (Oliver Türk) has been
advised of the possibility of such damages. These limitations shall necessarily apply regardless of the primary
purpose of any limited remedy. Under no circumstances shall Sidebar (Oliver Türk) aggregate liability to the Licensee, or
any other person or entity claiming through the Licensee, exceed the actual monetary amount paid by the Licensee
to Sidebar (Oliver Türk) for the Software.IndemnificationYou hereby agree to indemnify and hold Sidebar (Oliver Türk) harmless from and against all liabilities, damages, losses or
expenses, including but not limited to reasonable attorney or other professional fees in any claim, demand,
action or proceeding initiated by any third-party against Sidebar (Oliver Türk), arising from any of your acts, including
without limitation, violating this EULA or any other agreement or any applicable law.Entire AgreementThis Agreement rightly constitutes the entire understanding between the Sidebar (Oliver Türk) and the Licensee and all
parties involved. It supersedes all prior agreements of the parties, whether written or oral, express or
implied, statement, condition, or a representation or warranty.Governing Law and JurisdictionThis EULA shall be deemed to be construed under the jurisdiction of the courts located in Austria, without regard
to conflicts of laws as regards the provisions thereof. Any legal action relating to this EULA shall be brought
exclusively in the courts of Austria, and all parties consent to the jurisdiction thereof. Furthermore, the
prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including,
without limitation, legal fees. Accordingly, this EULA is made within the exclusive jurisdiction of the Austria,
and its jurisdiction shall supersede any other jurisdiction of either party's election.Gratefully provided by https://easylegaldocs.com/