The German version of our terms of service is the binding version. This judicial translation is just a service to facilitate understanding of the terms.
These licence terms shall apply between DramaQueen GmbH (in short: “we”, “us”), Am Müggelpark 25, 15537 Gosen-Neu Zittau, Germany, and all natural or legal persons (in short: “you”, “your, “User”), who use the DramaQueen Beta software for a limited period free of charge.
§ 1 General provisions
Drama Queen GmbH intends to develop software for the holistic development of concepts and analysis of film scripts, novels and plays by the name of “DramaQueen”.
In this connection we have created an initial test version of the computer program called “DramaQueen” (herein also referred to as: “the Software”). DramaQueen Beta is made available to you only until the end of the test run (hereinafter referred to as “Beta phase”) and serves to detect, analyze and remedy any defects. DramaQueen Beta is made available to you free of charge. We expressly point out that the use of DramaQueen Beta may cause system crashes or interruptions as well as loss of data. Use of the software is at your own risk.
§ 2 Subject of the contract
- The subject of the contract is the provision of DramaQueen, including new versions of the software (e.g., patches, bug fixes, updates, upgrades) and matching user documentation integrated into the software (“Help View”), for a limited period.
- DramaQueen Beta including integrated user documentation (“Help View”) and all new software versions are available for download at dramaqueen.info.
- As a User, it is your responsibility to install DramaQueen Beta; we do not offer the installation of the software as a service.
§ 3 Remuneration
The use of DramaQueen Beta is free of charge.
§ 4 Grant of rights
- We grant you the simple, non-transferable and non-sub-licensable right to use DramaQueen for personal and professional use on a single computer in accordance with the integrated user documentation (“Help View”). The provisions of this section also bind the parties under the law of obligations.
- The software is made available solely for use by the User. The User may not make the software available to third parties.
- We only provide the object code of DramaQueen Beta or the new program versions. You may not access the source code, reconvert or decode DramaQueen, or extract program elements. You may not decompile or disassemble the program, carry out reverse engineering or attempt otherwise to deduce the source code. To the extent that you are entitled by virtue of mandatory law to carry out reverse engineering or decompilation to achieve full functionality or interoperability with other computer programs, you must inform us in advance about the manner and scope of your intended activity. Decompilation is only permitted if you, as a user, have a legitimate interest, worthy of protection, to perform such activities. In the event of a violation of the above provision, you will become liable for a contractual penalty, with each singular act being deemed an individual infringement (Ausschluss des Fortsetzungszusammenhangs), at an amount to be determined by the Court at its full and unfettered discretion.
- You are not permitted to remove or circumvent the existing protective mechanisms of the software against unauthorised use, unless it is necessary to obtain contract-compliant use of the software. In the event of a violation of the above provision, you will become liable for a contractual penalty, with each singular act being deemed an individual infringement (Ausschluss des Fortsetzungszusammenhangs), at an amount to be determined by us and revisable by the competent Court.
- Copyright notices, serial numbers, version numbers, trade marks or other identifying features that serve to designate the software, or the freeware contained in it, may not be modified or removed under any circumstances. The same applies to the suppression of the display of similar features on the screen.
- From time to time and at its sole discretion, DramaQueen GmbH makes new software versions of DramaQueen Beta available (see § 2). We will inform you if new software versions are available. Users have no legal title to using the new software version. The above licence conditions apply with the necessary modifications to the use of the new software versions.
§ 5 Term
- The software is provided for the duration of the Beta phase. The Beta phase is expected to end on 10 February 2013.
- After completion of the Beta phase, we will carry out a second test run if necessary. In this case we will inform you before the end of the Beta phase. You can then register for the second test run. Users do not a legal title to be registered for the second test run.
- We may terminate the contract of use between you and us at any time without specifying reasons.
§ 6 Warranty and liability
- The sole purpose of DramaQueen Beta is to detect, analyse and remove defects. Accordingly, we make the software, the new software versions and the integrated user documentation (“Help View”) available “as is”. To the extent permitted by law, DramaQueen GmbH does not offer any guarantee or warranty in regard to the marketability or suitability of the software for a specific purpose.
- The liability of DramaQueen GmbH is excluded, except for damage based on intent or gross negligence, on the loss of life, body or health or on any obligation under the Product Liability Act. In view of the fact that the software is exclusively intended for testing purposes and provided free of charge, the liability for slight negligence in the event of a violation of an essential contractual obligation (cardinal obligation) is, to the extent permitted by law, expressly included.
- To the extent permitted by law, the liability of DramaQueen GmbH for damage based on a use of the software in violation of the provisions of this agreement is also expressly excluded. To the extent that the liability for slight negligence for a violation of an essential obligation (cardinal obligation) is not excluded for legal reasons, the statutory limitation period for such claims is limited to two years.
- We are committed to the industry standard of care. In determining if we are at fault, it must be borne in mind that the software at issue is a free trial version and that in general it is technically impossible to create error-free software.
- The above provisions also apply for the benefit of persons used by DramaQueen GmbH to perform its obligations (Erfüllungsgehilfe).
§ 7 Notification
Where this agreement requires us to inform you of certain circumstances, we will transmit the information to you by email to the email address specified in the course of the registration process. You consent to this form of notification. You do not have a legal claim to notification.
§ 8 Final provisions
- This agreement revokes all communications, commitments or advertising claims in relation to the DramaQueen Beta software. Other ancillary agreements do not exist. Amendments and supplements to this contract must be in writing. This written form requirement can only be waived by a written agreement.
- If any provision of this contract be or become invalid, in whole or in part, the validity of the remaining provisions will not be affected. In this case, the parties agree already now that the invalid provision shall be replaced by a valid provision that reflects the economic purpose of the invalid provision as closely as possible. The same applies to any gaps in the agreement.
- Claims may only be assigned to third parties with the prior written consent of DramaQueen GmbH. Such consent shall not be withheld unreasonably. The provisions of Section 354a of the German Commercial Code (HGB) remain unaffected by the above.
- The law of the Federal Republic of Germany applies. The application of the UN Convention on the International Sale of Goods (CISG) is excluded.
- If you are an entrepreneur or do not have your place of general jurisdiction in the Federal Republic of Germany, Frankfurt (Oder), Germany, shall be the place of jurisdiction. However, DramaQueen GmbH remains entitled to file a statement of claim or commence other judicial proceedings at the place of general jurisdiction of the User.