Version May 2018 / v1.1
Unless you have another exclusive agreement directly with MEIKE OG that controls and alters your use or distribution of the MyMicroBalance Software, the terms and conditions of the applicable license agreements below apply to you.
This End User License Agreement constitutes a valid and binding agreement between the licensor MEIKE OG and you, as a user, for the use of the MyMicroBalance Software. You enter into this agreement by installing and using the MyMicroBalance Software. You hereby agree and acknowledge that this agreement covers all your use of MyMicroBalance Software, whether it be from this installation or from any other terminals where MyMicroBalance Software has been installed, by you or by third parties.
1. Definitions
In this Agreement the following capitalized definitions are being used, singular as well as plural.
a. Licensor: MEIKE OG, MEIKE OG, Lerchenstrasse 5, AT-5302 Henndorf
b. Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.
c. Documentation: any online or otherwise enclosed documentation provided by MEIKE OG.
d. MyMicroBalance Software: means the standard software application with all its pictures, icons, documentations, specifications, upgrades, modified versions updates, and all the components with which this agreement is provided.
2. License and Restrictions
a. License. Subject to the terms of this agreement, MEIKE OG hereby grant you a limited, personal, non-commercial (at home), non-exclusive, non-sublicensable, non-assignable license to download, install and use the MyMicroBalance-Software on your computer, for the sole purpose of personally using .
b. No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the MyMicroBalance Software or any part thereof.
c. No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the MyMicroBalance Software or any part thereof.
d. New Versions of the MyMicroBalance Software. MEIKE OG, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the MyMicroBalance Software. You acknowledge and agree that MEIKE OG has no obligation to make available to you any subsequent versions of the MyMicroBalance Software. You also agree that you may have to enter into a renewed version of this agreement, in the event you want to download, install or use a new version of the MyMicroBalance Software.
3. Definitions to License Restrictions and Additional Terms
a. Distribution of MyMicroBalance Software. You are not allowed to distribute the MyMicroBalance Software under this agreement. For the right to distribute an exclusive license agreement with MEIKE OG is necessary.
4. Confidentiality
a. 4.1 MEIKE OG’s Confidential Information. You agree to take all reasonable steps at all times to protect and maintain any confidential information regarding MEIKE OG, the MyMicroBalance Software and the IP Rights, strictly confidential.
5. Your Use of the MyMicroBalance Software
a. MyMicroBalance the software to overview your private cash basis: The MyMicroBalance Software displays charts and sums to help you keeping your income and expenditures under control. MyMicroBalance will not increase your income it is just a tool that displays what you entered. The licensor MEIKE OG will not exclude software errors and will not guarantee mathematical accuracy. You use the MyMicroBalance Software completely on your own risk. There are no warranties and no liability!
b. Displayed Advertising: The MyMicroBalance Software displays advertising, information and news on its user interface. If you are not connected to the internet, MyMicroBalance will load advertising that is located in MyMicroBalance’s installation directory. If you are connected to internet, MyMicroBalance Software will load advertising from MyMicroBalance server automatically using you Internet connection. It is not permitted to manipulate this functionality. You accept with this agreement that MyMicroBalance uses your internet connection to receive advertising. MyMicroBalance will never display pornographic advertising!
c. Deactivating the advertising window: To deactivate the advertising you have to buy a license key or perform an In-App-Purchase. A license is the only possibility to deactivate the advertising. Each license is only valid for one single device. You are not allowed to copy and/or share the licenses. A license can be limited in time. If a license key has expired the advertising window will be reactivated automatically.
6. Privacy
a. The dedicated privacy statement of the MEIKE OG in compliance with the General Data Protection Regulation (GDPR) applies. The privacy statement is always packaged with the end user license agreement or can be reviewed under www.mymicrobalance.com.
7. Your Representations and Warranties; Indemnification of MEIKE OG
b. Representations. You represent and warrant that you are authorized to enter into this agreement and comply with its terms. Furthermore, you represent and warrant that you will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the MyMicroBalance Software.
c. Indemnification. You agree to indemnify, defend and hold MEIKE OG harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of your (a) violation or breach of any term of this agreement or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the MyMicroBalance Software.
8. Disclaimer of Warranties and Limitation of Liability
d. No warranties. The MyMicroBalance Software is provided "as is", with no warranties whatsoever; MEIKE OG does not, either expressed, implied or statutory, make any warranties, claims or representations with respect to the MyMicroBalance Software, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for use or a particular purpose. MEIKE OG further does not represent or warrant that the MyMicroBalance Software will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without mathematical accuracy.
e. No Liability. You acknowledge and agree that MEIKE OG will have no liability in connection with or arising from your use of the MyMicroBalance Software, as set forth below.
f. Limitation of Liability. In no event shall MEIKE OG be liable, whether in contract, warranty, tort (including negligence), product liability or any other form of liability, for any indirect, incidental, special or consequential damages (including without limitation any loss of data, interruption, computer failure or pecuniary loss) arising out of the use or inability to use the MyMicroBalance Software, even if MEIKE OG has been advised of the possibility of such damages.
g. Remedy. Your only right or remedy with respect to any problems or dissatisfaction with the MyMicroBalance Software is to deinstall and cease use of such MyMicroBalance Software.
h. Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE MYMICROBALANCE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS.
© 2018 MEIKE OG