End-User Software License Agreement
This License Agreement is a legal agreement between you and Threema GmbH, a Swiss corporation, for the accompanying software, associated media, printed materials, audiovisual content, and «online» or electronic documentation (collectively, the «Product»). By purchasing the Product, you agree to be bound by the terms of this Agreement.
- The Product is licensed, not sold. The Product is protected by copyright law and international copyright treaty provisions, as well as other intellectual property laws and treaties. You must not allow copies of the Product or any part of it to be made or distributed to anyone else. You may make backup copies of the software for archival purposes only.
- Threema GmbH grants to you a non-exclusive, non-sublicensable, license to use the Product for your own use only on a single device.
- Reproduction and/or redistribution of any portion of the Product is specifically prohibited in the absence of a separate written agreement with Threema GmbH.
- If you use the Product to create or distribute audio, video, or other content, Threema GmbH is not responsible for such content, and you are solely responsible for the property rights, legality, and regulation of all such content, including but not limited to issues of copyright ownership and obscenity regulation worldwide.
- Threema GmbH retains all ownership and intellectual property rights in and to the Product. You agree to abide by the copyright law and all other applicable laws of Switzerland, including those relating to Swiss export controls. You agree not to ship or re-export any portion of the Product to any destination to which it could not lawfully have been exported originally under those export controls.
- If you breach this agreement Threema GmbH may terminate this Agreement at any time by delivering notice to you. You may terminate this Agreement at any time by removing all copies of the Product from the device(s) on which it is installed and destroying all Product materials. This Agreement is personal to you, and you agree not to assign your rights under it. This Agreement shall be governed by and construed in accordance with the laws of Switzerland relating to intellectual property in general, and to copyrights, patents, and trademarks in particular. You agree to submit all disputes to the exclusive jurisdiction of courts or tribunals located within the territorial boundaries of Switzerland.
Threema GmbH warrants that the software will perform substantially in accordance with the accompanying user documentation for a period of 90 days from the date of receipt.
The product is provided without any other express or implied warranties, including without limitation warranties of merchantability or fitness for a particular purpose. Threema GmbH shall not be liable: (a) for incidental, consequential, special, or indirect damages of any sort whatsoever, whether arising in tort, contract, or otherwise (including without limitation damages for loss of business profits, revenues, or information, or for business interruption) resulting from your use of the product or your inability to use the product, even if Threema GmbH has been informed of the possibility of such damages; or (b) for any claim by any party other than you. In no event shall Threema GmbH’s liability to you exceed the amount you originally paid for the product.
Threema GmbH entire liability and your exclusive remedy shall be, at Threema GmbH’s option, either (a) return of the price paid or (b) repair or replacement of the software. This Limited Warranty is void if failure of the software has resulted from abuse, or misapplication. Any replacement software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. Neither these remedies nor any product support services offered by Threema GmbH are available without proof of purchase from an authorized source.