Terms of Service, License

of [Till Jeske, Roecklplatz 3 80469 München] (hereinafter "Me" or "Jeske") for the provision and use of my software product "jgaze execution viewer" (hereinafter the "Software") to customers purchasing a license for use of the Software for its commercial or self-employed professional occupation ("Licensee").

1.Scope, Subject Matter, Conclusion of the Agreement
1.1The following General Terms and Conditions define the contractual relationship between Jeske and the Licensee with respect to the purchase of licenses for the Software. The Software is downloadable from My website "jgaze.com".
1.2Subject matter of the agreement is the provision (i) of a copy of the Software in object code in an English language version by way of enabling the Licensee the download and (ii) the granting of the usage rights for the Software set out in section 2 below.
1.3The source code of the software, the provision of regular updates or upgrades to the Software or support or training services, or the provision of a detailed manual is not subject of this agreement .
1.4The agreement comes into effect upon you pushing the "Pay Now" button and the issuance of an e-mail confirming your purchase by Me.
2.Usage rights
2.1Upon full payment of the license fee identified on the website and the purchasing process, Jeske grants the Licensee a non-exclusive, non-transferable, non-sublicensable, limited usage right to run the Software on one single computer (per-seat-license) for the duration of 1 year and to create one backup copy.
2.2The permitted use includes the installation of the Software, loading into the working memory and the authorized use by the Licensee on one single computer. The Licensee does especially not permit any installation or use on a network server or another kind of multi-station computing system (in particular via the use of virtual hardware) in as far as this creates the possibility of simultaneous use of the Software by multiple users , the copying of the Software for further distribution, the granting of sub-licenses of the software in any way, to make the Software available to third parties, especially by way of application service providing (ASP) or in the form of software as a service (SaaS).
2.3Any exceeding use is not strictly forbidden.
3.License fee
3.1The Licensee pays a one-time license fee to Jeske for the provision of the Software and the grant of the usage right. Payments are processed online only. Jeske is under no obligation to accept any other form of payment. Licensee will receive an invoice following payment by way of e-mail, which states the license fee payable plus the VAT applicable at the time of the respective provision of service .
4.Copyrights
4.1All rights to the Software (and to all copies made by the licensee) - in particular the copyright and other intellectual property rights - remain the sole property of Jeske.
4.2The translation of the Software code into source code (de-compilation) as well as other means of reverse engineering is not permitted, unless explicitly authorized by Jeske or available under mandatory applicable law.
5.Warranty, Liability
5.1The warranty term is limited to one year following the provision of the Software.
5.2Regardless of legal grounds, Jeske is only liable for damages that have been caused by a culpable breach of a material contractual duty, namely a duty which, when breached, will jeopardize the achievement of the contractual purpose and/or the proper fulfillment of which constitutes a condition sine qua non and on the fulfillment of which the parties may rely at all times (so called "cardinal duties"). Any liability of Jeske shall be limited to the damage typical and foreseeable on the basis of the circumstances known at the time of entering into the agreement.
5.3In addition, Jeske's liability is limited to the invoiced amount for the Software.
5.4The aforesaid limitations on liability do not apply to damages based on willful intent or gross negligence, to damages from injury to life, body or health and to possible claims under strict product liability.
6.Miscellaneous
6.1Modifications or amendments to the agreement must be made in writing. The aforesaid also applies for a waiver of the written form requirement. No oral side agreements are in place.
6.2In the event that any provision of this agreement should be or become invalid, unenforceable or incomplete, the remaining provisions shall remain unaffected. The invalid, unenforceable or incomplete clause shall be replaced by such a clause the parties would reasonably have agreed to had they been aware of the invalidity, unenforceability or incompleteness.
6.3This agreement is subject to the Laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG).
6.4The exclusive jurisdiction for Licensee for all disputes from and in relation to this agreement is Munich, Germany. Jeske may however initiate court procedures against Licensee also at any court competent therefore.

 

Privacy Statement

Section 1 - What do we do with your information?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer's internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Section 2 - Consent

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@jgaze.com or mailing us at:

jgaze
Till Jeske
Roecklplatz 3 München DE 80469

Section 3 - Disclosure

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

Section 4 - Shopify

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify's data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify's Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

Section 5 - Third-Party Services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store's website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website's Terms of Service.

Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Section 6 - Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Section 7 - Cookies

Here is a list of cookies that we use. We've listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider's internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

Section 8 - Age of Consent

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Section 9 - Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

Questions and contact information

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at info@jgaze.com or by mail at

jgaze
Till Jeske
Roecklplatz 3 München DE 80469

	
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