Attention – please read carefully: This End-User License Agreement (“EULA”) is a legally valid contract between the AV Stumpfl GmbH (“AV Stumpfl”) and you (“Licensee”). The subject of this EULA is the right to use the software “Pixera” (“Software”). This EULA also applies to future updates of the Software. By selecting the “I accept”- button or other button or mechanism designed to acknowledge agreement to the terms of this EULA, or by installing, downloading, accessing or otherwise copying or using all or any parts of the Software, Licensee agrees to be bound to the provisions of this EULA and to always comply with the EULA. If Licensee does not accept this EULA, he is not permitted to use the Software. This EULA applies in addition to the General Terms and Conditions of and the privacy policy AV Stumpfl, available at www.avstumpfl.com/en/meta/company/imprint/.

1. License granting

1.1 The Software is licensed, not sold, which is why Licensee does not receive ownership of the Software. AV Stumpfl and its Licensors reserve all rights, property and entitlements to the Software, including all copyrights, patents, business secrets, trademark rights and all other intellectual property rights.

1.2 Upon payment of the agreed license fee and acceptance of this EULA by the Licensee, AV Stumpfl grants the Licensee a non-exclusive and non-transferable license to use the Software for an indefinite period or in case of a software subscription for the agreed period of the subscription. The use of the Software is restricted as follows:

a Licensee may use the Software only for his own purposes, only for suitable hardware respectively hardware as specified in the contract and only to the extent of the purchased number of licenses;
b Licensee may not duplicate the Software except for backup purposes;
c Licensee may not sublicense, rent, loan, or lease the Software or any parts thereof, with the exception of event-organizers who make the Software available to their customers as part of their event-equipment;
d Licensee is prohibited from modifying, reproducing, distributing, decompiling or redeveloping the Software or parts thereof;
e Licensee is prohibited from creating other software that bases entirely or partially on the Software;
f The Licensee is not permitted to use the Software for illegal purposes.
g The Licensee is not permitted to use any branding or trademark used in the Software or to remove such branding or trademark from the Software.

1.3 The Software has a pre-defined lifecycle that identifies how long it will be supported by AV Stumpfl and which operating systems are compatible to it. The Software may become or be incompatible to updated versions of previously compatible operating systems.

1.4 In case AV Stumpfl provides a trial license of the Software, it may only be used for testing purposes to try the functionalities of the Software through the Licensor. Any commercial use of the Software licensed under a trial license is prohibited. 

1.5 AV Stumpfl may provide updates and/or upgrades to the Software for bug fixing, to adapt the Software to new system specifications or to amend the functionalities of the Software. Availability of updates or upgrades will be for a fee or free of charge. 

2. Warranty

2.1 AV Stumpfl warrants that the Software in the sense of the documentation is free from defects in accordance with the state of the art at the time of delivery and with the conditions set out below, but without satisfying all conceivable application conditions. According to the current state of the art, the development of error-free software is not possible. 

2.2 AV Stumpfl does not warrant that the Software will meet all the Licensee's requirements nor that the functions contained in the Software can be used uninterruptedly and without error in all combinations desired by the Licensee.

2.3 AV Stumpfl does not assume any warranty for errors, malfunctions or damages that are based on improper operation or are the result of the use of unsuitable organisational means and data carriers, or otherwise originate from the sphere of the Licensee. 

2.4 Additionally, AV Stumpfl does not assume any warranty for a provided API or any third-party plug-ins and any malfunctions caused by third party software accessing or using the Software through the API or plug-ins. 

2.5 If Licensee is an entrepreneur, Licensee must report defects in the Software immediately after takeover, otherwise warranty claims are forfeited. The warranty period for consumers is two years, otherwise 12 months.

2.6 AV Stumpfl reserves the right to alter this Software and information contained in the documentation without prior notice.

2.7 Licensee’s exclusive remedy for the breach of the foregoing warranty shall be, at AV Stumpfl’s option, either (i) a return of the paid fee; or (ii) receipt of a defective-free version of the Software by either us replacing the Software or fixing the underlying problem causing the defect.

3. Limitation of liability

3.1 For damage (excluding personal injury) caused by intentional or grossly negligent conduct on the part of AV Stumpfl, the amount of liability is limited to 25% of the value of the goods / annual licence fee or to a maximum amount of liability of EUR 50,000.00. However, the amount of liability may never exceed the amount of damage actually incurred.

3.2 AV Stumpfl is not liable for consequential damages - such as loss of profit, loss of good will, costs associated with a business interruption, loss of interest, savings not made, financial loss, loss of data or claims by third parties.

3.3 In addition, AV Stumpfl is not liable for damages attributable to the conduct of the Licensee.

3.4 If the Licensee is an entrepreneur, he must claim damages in court within 6 months of knowledge of the damage; otherwise the claim for damages will expire.

4. Indeminity 

4.1 Licensee agrees to defend, indemnify and hold AV Stumpfl, its affiliates, subsidiaries, directors, officers, employees, agents, business partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any content you produce or show with the Software; (b) violation of any rights of a third party; (c) violation of any law or (d) false, fraudulent, malicious or inaccurate representation identity by the Licensee. 

4.2 Furthermore, Licensee agrees to hold AV Stumpfl harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from it’s use of the Software in violation of these terms.

5. Termination
This EULA remains effective until its termination or in case of a temporal limited license until it expires. If Licensee violates the provisions of this EULA or fails to pay the due licence fees, AV Stumpfl is permitted to terminate this EULA immediately. In the case of termination, Licensee has to destroy all copies of the Software which he has at his disposal and AV Stumpfl is entitled to immediately stop providing the Software to the Licensee or stop operability of the Software.

6. Final provisions

6.1 This EULA shall be governed exclusively by Austrian law to the exclusion of the UN Sales Convention (CISG) and the international conflict rules.

6.2 For all legal disputes arising from this contractual relationship, the court in Wels, Austria, that is competent shall have exclusive jurisdiction. If Licensee is a consumer, the courts at his place of jurisdiction shall have jurisdiction.

6.3 The General Terms and Conditions of AV Stumpfl shall prevail over any conflicting provisions in this EULA.

6.4 If any provision of this EULA is invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid clause shall be replaced by a clause whose effect comes closest to the economic objective.

AV Stumpfl GmbH, Mitterweg 46, A-4702 Wallern