This English text is a convenience translation. The legally binding version is the German one.
These license terms constitute a contract between you (hereinafter referred to as the “Licensee”) and “OSINTEAGLE, Patrick Pietler (Einzelunternehmer), Querstraße 4, 33129 Delbrück”, hereinafter referred to as the “Licensor”. Please read the license terms carefully. The license terms apply to the software OSINTEAGLE SOAR and to all updates (program updates), service updates (time-critical or important program updates), internet-based services (provision of program updates) and support services offered in this respect.
By acquiring or using the software (hereinafter referred to as the “Software”), you accept these terms. If you do not accept these terms, you are not entitled to use the Software.
As described below (see section 6), use of the Software also constitutes your consent to the transmission of certain computer information for the verification of lawful use.
Unless otherwise agreed by contract, the following license and terms of use apply to the Licensor’s software products, supplementing the General Terms and Conditions (Terms).
In return for payment of a fee (see current prices at osinteagle.com/pricing), the Licensee receives the simple, non-transferable and non-sublicensable right, limited in time to the term of the respective contract, to use the Software to the extent granted in this contract. The Software is licensed, not sold. Contractual use includes installation as well as loading, displaying and running the installed Software.
The number of devices that may be used simultaneously depends on the number of seats acquired. For each seat acquired, the Software may be run on one device (computer) with one user account at the same time. The Software is made available to the Licensee for download.
The Licensee is entitled to use the Software and the associated documents and documentation in accordance with the following terms.
The Licensor is the sole and exclusive owner of the product. Apart from the rights of use arising from this, the Licensee receives no further rights.
The Licensee acquires the Software via the Licensor’s website at osinteagle.com by completing the order process provided there in full. By submitting the order, the Licensee makes a binding offer to conclude a license agreement. The contract is concluded as soon as the Licensor accepts this offer by providing the Software or the license and/or by sending a confirmation email.
The Software is offered as a subscription (monthly or annually) or as a time-limited single license. Subscriptions are automatically renewed for the selected period (month or year) until they are cancelled by the Licensee (see section 10). Single licenses run for the period specified at the time of purchase.
For free trial licenses, these terms apply accordingly; they end automatically upon expiry of the trial period, without any need for cancellation.
Payment of the license fee is made in advance via the payment service provider offered on the website (Stripe). For subscriptions, the fee is due in advance at the beginning of each billing period; for single licenses, upon purchase. The receipt of payment by the payment service provider or the Licensor is decisive for the timeliness of the payment.
The Licensee may install the product locally on the corresponding devices within the scope of the acquired seats. The Licensee may make copies for backup purposes and use them, if necessary, to reinstall the Software in accordance with these license and terms of use.
The Licensee shall not modify, translate, reverse-engineer, decompile or create derivative works of the Software. The Licensee shall not publish the Software so that others can copy it, and shall not rent, lease or lend the Software. In the event of a breach of the above obligations, the Licensee shall pay the Licensor a contractual penalty of EUR 5,000.00, excluding the plea of a continued connection between individual breaches. The assertion of damages is not excluded thereby. Notwithstanding the contractual penalty and the assertion of damages, the Licensor will revoke the granted right of use in the event of breaches of the above provisions, without any claim to a refund of the license fee paid.
The Software processes and stores data exclusively locally. The provider has no access to the user data. The Licensee is responsible for data backup and IT security. If the Software processes business-critical data, the Licensee must ensure that the generated documents are correct and complete.
Creating data backups at regular intervals in order to keep the damage that any kind of data loss can cause as low as possible is the responsibility of the Licensee.
The provider does not guarantee compatibility with all operating systems or hardware configurations. The Licensee is responsible for ensuring that their system meets the minimum requirements of the Software.
The Licensee unreservedly acknowledges the Licensor’s rights in the product (patents, copyrights, trademarks, trade secrets). This also applies to the copyright in documentation available in writing or on computer storage media. The Licensee undertakes to safeguard these rights and to take all steps to prevent and pursue impairments or infringements of these rights by third parties, insofar as they have come into possession of the product through or via the Licensee.
Upon commissioning, the Software calculates a unique – non-personal – identification number (e.g. from the hardware ID of the hard disk, serial number of the processor, etc.), which is transmitted to the Licensor in encrypted form. This identification number is assigned to a specific device (computer) and serves to prevent unlawful use or to prevent use on more devices than the number acquired for lawful use, as well as to check whether the Software is entitled to receive online updates. This identification number is anonymized and does not allow any conclusions to be drawn about the person(s) using the program. The Licensor does not use the information to identify you or to contact you. By using the Software, you consent to the transmission of this information. If a check determines that the Software is not properly licensed, the functionality of the Software may be impaired.
For example, the following may occur: you may have to reactivate the Software or you may receive reminders to obtain or purchase a properly licensed copy of the Software.
Alternatively, you may not be able to do the following: use or continue to use some features of the Software or the entire Software; receive certain updates or upgrades from the Licensor.
The Licensor may update and/or revise the execution and content of its products at any time. Updated or revised products are subject to the provisions of this contract. The claim to updated or revised product versions exists within the framework of an active license or an active subscription.
The Licensee is entitled to email support for up to 30 days after purchasing a product (date of invoicing). This service is provided by the Licensor. The Licensor is entitled to commission third parties to perform these services. Thereafter, support services are provided under the Licensor’s terms and prices. These support services may be governed by a separate contract between the Licensor and the Licensee (e.g. a service contract).
The Licensee uses the Software exclusively at their own risk, in particular in the knowledge that it was neither developed nor intended for use in highly sensitive environments that require error-free operation and where a failure, misuse or inappropriate use could easily lead to death, injury or major physical, economic or environmental damage.
In particular, the Software may not be used for the planning, construction, maintenance or operation of nuclear facilities. In no event shall the Licensor or its employees, affiliates or suppliers be liable for damages of any kind arising from the use of, or inability to use, the Software.
The provider’s liability is limited to the amount of the purchase price paid.
The product has been tested and has the functions published and described in the short documentation/online help or on the Licensor’s website osinteagle.com.
The Licensor gives no warranty as to the suitability of the product for the Licensee’s intended use.
The Licensor assumes no liability or warranty whatsoever for the provision of alpha, beta, test and pilot versions or other non-finalized products. When using such software not yet released for distribution, malfunctions and even data loss may occur. The Licensee is aware of and accepts these risks. The use of such programs is at the user’s own risk and is subject to a complete exclusion of warranty and liability.
The Licensee must report obvious defects of the product to the Licensor no later than within 14 days of delivery. Hidden defects must be reported immediately upon discovery. The warranty is provided by rectification or replacement delivery. Further claims for damages by the Licensee against the Licensor are excluded, unless they are based on intent or gross negligence. Insofar as the Licensee does not make use of the program updates offered and made available online by the Licensor, the Licensee cannot invoke a possible software defect within the scope of warranty and liability, insofar as this possible defect could have been remedied by the program updates made available online.
Subscriptions can be cancelled at any time to the end of the current billing period – most easily via your customer account (the “Payments” area or the customer portal linked there) or in text form by email to hello@osinteagle.com. The right to extraordinary termination for good cause remains unaffected.
If the Licensee breaches a provision of this contract, the Licensor may terminate this license agreement without notice. Upon termination of the contract, the Licensee is no longer entitled to use the product. The Licensee is obliged to either return to the Licensor or delete/destroy the product and any working and backup copies in their possession at the time of termination of the contract.
The law of the Federal Republic of Germany applies exclusively. For merchants, the registered office or the nearest court of the Licensor is deemed to be the agreed place of jurisdiction.
The Licensee is not entitled to transfer or assign rights or obligations under this contract. Should individual provisions of this contract be invalid, the validity of the remaining contractual provisions remains unaffected. The void or ineffective provisions shall be replaced by such effective provisions as come closest to the economic purpose.
OSINTEAGLE
Patrick Pietler (Einzelunternehmer)
Querstraße 4
33129 Delbrück
hello@osinteagle.com