1. Acceptance of the License Agreement
Thank you for choosing the software products and technologies of AirID GmbH. Please read this End-User License Agreement carefully before completing the installation process and using the software. This software is licensed to you by AirID GmbH (hereinafter referred to as “AirID”).
This End-User License Agreement covers all software products and technologies of AirID GmbH, including any future updates, upgrades, and additions made available to you.
This End-User License Agreement is a legal agreement between you (either as an individual or as a single entity) and AirID GmbH (www.AirID.com).
You must read and either accept or reject this End-User License Agreement before installing and using the software. By clicking the “I Accept” button, you agree to this agreement. By clicking the “I Accept” button or by installing or using the software, you confirm that you have read and understood all the terms of this agreement and that you agree to be contractually bound by them.
If the software or any part of it is licensed to you by a third party (e.g., your employer, an individual, or an entity with which you are affiliated), your rights to use the software or avail additional services are subject to the terms of this agreement, regardless of whether the third party agrees to the terms of this End-User License Agreement.
If the software you are installing is a free, beta, or pre-release version, the terms of this EndUser License Agreement apply, regardless of whether you or a third party sponsoring your software has a separate agreement with AirID GmbH.
Even if the software is sponsored by a third party, the privacy policies and terms of use of AirID GmbH, as stated on the website www.AirID.com, apply. You agree to these terms when you click the “I Accept” button. By clicking the “I Accept” button, you also agree to the installation of bidirectional connections to a server as per §8.
2. Definitions
The following definitions are used throughout the text:
2.1. “Account” means a registration on the AirID registry server. The account enables (depending on availability) access to the AirID network and, if available, the AirID website via login.
2.2. “Device” means a personal computer or a personal computing or mobile device (smartphone, tablet, etc.).
2.3. “Delivery Date” means (i) in the case the software requires an activation key, the date on which AirID sends the key or provides access to the key, and (ii) in the case the software does not require an activation key, the date on which AirID sends a CD, diskette, file, or storage medium containing the software.
2.4. “Documentation” means online help texts and/or manuals available with the software.
2.5. “End-User”, “User”, and/or “Customer” means you and any other person using the software sponsored by you.
2.6. “Free Software” means software or parts thereof provided to the end-user free of charge, either permanently or for a limited period.
2.7. “AirID Network Services” means all types of server-based services provided by AirID or AirID GmbH’s partners.
2.8. “Services” refers to hosted services, software maintenance, support services (including deployment support services), and other services offered by AirID or AirID GmbH’s partners in connection with the software.
2.9. “Software” means the software attached to the End-User License Agreement in object code format, as well as all the following components that may be part of or provided by AirID for use: Tools, toolsets, “skins”, and other software applications or components; Graphics, photos, audio, and video material; Documentation; Updates or upgrades to the above software and components covered by this End-User License Agreement.
3. Ownership Rights
3.1. The software is licensed, not sold. You acknowledge that the software (including all modifications you request or suggest) is the property of AirID GmbH. Any copy thereof and all associated intellectual property rights remain at all times with AirID GmbH, along with all other rights not expressly granted to you by this End-User License Agreement.
4. Grant of License
4.1. AirID hereby grants you a non-exclusive, non-transferable, limited license to use the software products and technologies solely for your internal business purposes, in accordance with the terms of this EULA.
4.2. This license does not entitle you to resell or transfer the software products and technologies to third parties.
5. License Restrictions
5.1. You may not modify, adapt, translate, reverse engineer, decompile, or disassemble the software products and technologies unless expressly permitted by applicable law.
5.2. You may not use any part of the software products and technologies to create derivative works or integrate them into other products.
5.3. You may not rent, lease, or otherwise make the software products and technologies available to third parties.
6. Ownership Rights
6.1. The software products and technologies, as well as all copies thereof, remain the property of AirID. All rights, titles, and interests, including all copyrights, patents, trademarks, and trade secrets, remain with AirID.
6.2. This EULA does not grant you any rights to AirID’s trademarks or service marks.
7. Disclaimer of Warranty
7.1. The software products and technologies are provided “as is” and without any warranty. AirID makes no warranties as to the accuracy, completeness, timeliness, or error-free nature of the software products and technologies.
7.2. To the extent permitted by law, AirID expressly disclaims all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights.
8. Limitation of Liability
8.1. AirID is not liable for direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the software products and technologies, even if AirID has been advised of the possibility of such damages.
8.2. The total liability of AirID to you is further limited to the amount you paid for the software products and technologies.
9. Term and Termination
9.1. This EULA becomes effective upon installation, access, or use of the software products and technologies and remains in effect until terminated.
9.2. This EULA will automatically terminate if you violate any of the terms of this EULA. Upon termination, you must cease using the software products and technologies and destroy all copies thereof.
10. Amendments to the EULA
10.1. AirID reserves the right to amend this EULA at any time. The end-user’s consent is not required.
10.2. Amendments to the EULA will be communicated to the end-user via email. The amended terms will take effect if the end-user does not object in writing within four weeks of receiving the amendment notice.
11. Support – model
11.1. The Support – model (Subscription as a Service) allows you to use the software products and technologies of AirID on a subscription basis. By subscribing, you gain access to regular updates, upgrades, and maintenance services for the duration of the subscription period.
11.2. Subscription fees are payable in advance and are non-refundable. The subscription term and fees are determined at the time of purchase and may vary depending on the chosen plan.
11.3. The subscription automatically renews for the same period unless terminated in writing at least 30 days before the end of the current term. Terminating the subscription ends your license to use the software products and technologies.
11.4. In the event of a price increase for the subscription, AirID will notify you at least 60 days in advance via email.
11.5. There is a minimum term of 3 months for the Support – model. This means that the subscription cannot be terminated before the initial 3-month period has expired.
12. Final Provisions
12.1. These terms and conditions are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2. The place of performance and jurisdiction for all disputes arising from or in connection with this agreement is the location of AirID’s headquarters.
12.3. If any provision of these terms and conditions is or becomes invalid or unenforceable after the contract is concluded, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the purpose of the regulation. The same applies to any gaps in the provisions.
Effective: 01.08.2024
This translation maintains the legal and formal tone of the original German text, ensuring that all clauses and definitions are accurately conveyed.