BullPort software end-user license agreement (EULA)
BullPort is software protected by the provisions of the German Intellectual Property Code. THIS PRODUCT IS NOT SOLD BUT PROVIDED WITHIN THE FRAMEWORK OF A LICENSE.
This License excludes any transfer of intellectual property for the benefit of the Licensee/User.
The User (Licensee) may be a natural or legal person.
By installing BullPort on their computer, the User fully accepts the terms of this License, which shall remain effective throughout the use of the product.
BullPort reserves the right to change, modify, add, adjust or remove any articles of the EULA at any time, in accordance with the procedures set out in Section 10 below.
1. LICENSE GRANT
Using the BullPort License for private or professional use
Thomas Koss grants to the User, who accepts, a personal, non-exclusive and non-transferable right to use BullPort. This right of use is granted to the User for personal and professional use. The purchased License hereunder is definitively acquired by the End User.
The License acquired hereunder may be used to activate the software as many times as desired, within the limit of up to 5 computers at the same time. Beyond these 5 computers, the User shall first uninstall the software before installing it on a new computer.
In any event, the use of the License on multiple computers is limited to the different computers of the User, and their family environment in the case of private use. Without the prior express permission of Thomas Koss, it is strictly forbidden to make BullPort available to a third party in any way whatsoever, including, but not limited to, by leasing, loan, and deposit or relicensing.
2. COLLECTED INFORMATION
Thomas Koss may collect personal data on the User through its Internet site www.bullport.net and the BullPort software. The collection of this data is carried out when the User:
(1) browses the website and reads articles,
(2) creates a User Account and registers their License,
(3) places an order or uses a service,
(4) looks at advertisements on products or services,
(5) signs up to newsletters,
(6) contacts Customer Service,
(7) participates in a promotional game/contest,
(8) participates in a beta or when they download updates or trial versions of software offered by Thomas Koss,
(9) uses the BullPort software.
The data collected is for the exclusive use of Thomas Koss. It is necessary for the processing and management of customer orders. It also allows Thomas Koss to improve the BullPort software user experience and provide optimum product support when the User contacts Customer Service.
The software may collect information about your device in order to analyze, diagnose and resolve problems with Thomas Koss products as well as evaluating any possible technical defects and the occurrence of their trends, so as to improve the performance of Thomas Koss products in general.
The information collected may include (1) the system information, including: the platform operating system, the language and version, the memory and available disk space, processor type, the type of Internet browser, the type of firewall, the IP address (Internet Protocol), the machine ID and/or MAC address (Media Access Control); (2) information on Thomas Koss products, including the name and version of Thomas Koss products installed on your device and the Thomas Koss product subscription and activation status; and (3) any setup log file and event log errors and/or warnings, including information on the Thomas Koss product installation process installed on your device.
Your right to privacy is very important to Thomas Koss and Thomas Koss shall not disclose your personal data to a third party, unless you have previously and expressly authorized us to do so or in exceptional circumstances.
The User is informed that this automated processing of information, including the management of Users’ email addresses, has been declared to the BfDI (German support for Data Protection and information freedom). In accordance with the Laws of the DSGVO, the User has a right to access, rectify, modify and delete personal data that concerns them. The User may explicitly oppose the disclosure of their details. To do so, the User can simply inform Customer Service via our online form.
3. SUPPORT
Thomas Koss grants the User the right to use its online support service, provided the following conditions are met:
(i) the User shall provide their BullPort License Number to Thomas Koss,
(ii) the User has installed all the updates available for their version of BullPort,
(iii) the User has the latest version of the BullPort software or has a version of the BullPort software announced as obsolete by Thomas Koss for less than one year.
In the event that a third party other than Thomas Koss would like to offer additional support to that provided by this License, the responsibility of this support would revert entirely to this third party and Thomas Koss disclaims any liability for this additional support.
Under no circumstances shall this additional support fall within the scope of this License, and shall not imply any liability of Thomas Koss in any way whatsoever.
4. INTELLECTUAL PROPERTY
Thomas Koss guarantees the User that it effectively holds the intellectual property rights required to grant this License.
BullPort also includes:
(i) the object codes and the associated documentation,
(ii) all the technical and/or methodological expertise,
(iii) the features in that they, when expressed, allow the writing of a computer program that is technically different but infringes the protected methodology,
(iv) the interface elements, including the screens, editions or menus,
(v) the description, headings and data structure, regardless of the tool in which these elements are stored/used, including all the elements stored in the database,
(vi) the settings, either in the form of database tables, binary structure files or text files.
All these elements are protected regardless of the form or media in which they are represented. Any use, access, reproduction, representation, translation, modification of any element described above would be a violation of this EULA and could lead to the automatic termination of this License without delay, notwithstanding the payment of damages to Thomas Koss.
In any event Thomas Koss retains, as rights holder, the intellectual property rights on the BullPort software and its components, as well as all the prerogatives related thereto.
Consequently,
(i) The User shall abstain from any reproduction and/or representation of BullPort in any form whatsoever for purposes other than backup and use in accordance with these conditions.
Furthermore, they undertake to take all precautions to prevent its illicit use or distribution.
In the event of non-compliance with this obligation, the User License shall be terminated automatically and without notice, and access to support and any other potential benefits offered to BullPort customers shall be immediately suspended.
(ii) the User agrees not to modify, alter, decompile, represent or reproduce BullPort in whole or in part, and nor allow any action of a third party that would have the same effect,
(iii) the User shall abstain from making, or having made, any modifications or adaptations to BullPort, including correction for any possible errors,
(iv) the User undertakes not to modify, or remove any proprietary notices indicated in BullPort,
(v) the User may not transfer or license any magnetic media, programs, data, documents or other elements regarding BullPort for any purpose whatsoever.
In the event of non-compliance of this clause, the User is liable to both criminal and civil sanctions pertaining to counterfeiting, which penalize in terms of software the violation of any of the exploitation rights of the holder Urheberrechtsgesetz (Copyright Act).
5. LIMITED WARRANTY
Thomas Koss ensures that BullPort is in compliance with the specifications described in the documentation published on the date of purchase, subject to its correct use within the specified operating environment.
The User shall assume all responsibilities other than those of compliance of BullPort to the specifications described in its documentation, including those related to
(i) the adequacy of BullPort to their needs.
In no event shall Thomas Koss guarantee the suitability of BullPort to perform specific tasks anticipated by the User which motivated their choice of software, if they are not expressly included in the documentation.
(ii) the use of BullPort.
This warranty grants specific rights and does not preclude the application of the legal guarantee provided in the “Gewährleistung” (warranty) provisions found in the Bürgerliches Gesetzbuch (German Civil Code),
specifically in §§ 434 et seq. BGB.
6. USER CLAIMS
The extent of Thomas Koss’s liability as well as the User’s rights to compensation shall be limited to the choice of Thomas Koss, either
(i) a refund of the price paid for the acquisition of the License, or
(ii) the replacement of the software that does not meet the warranty, provided that in both cases the software is returned to Thomas Koss in perfect condition, together with a copy of its proof of purchase and a brief written description of the problem.
This warranty shall only be applicable for Users who bought their BullPort License on the website of Thomas Koss : www.bullport.net.
The Warranty shall not be applicable in the event where the non-operation of BullPort is due to an accident or misuse, and more generally any use that does not comply with these conditions.
In the event of a failure of the media (documentation or electronic media), the User has 90 days from the purchase date to assert their warranty.
7. EXCLUSION OF ANY OTHER WARRANTIES
Unless otherwise specified by mandatory public provisions, Thomas Koss disclaims any other warranties, express or implied, relating to BullPort or its accompanying documentation, concerning in particular its suitability for a particular purpose.
8. LIMITATION OF LIABILITY
The liability of Thomas Koss cannot be committed or sought:
(i) in the event of use that is not in accordance with the provisions of the BullPort License,
(ii) in the event of modifications or alterations of any kind of the BullPort software by the User,
(iii) in the event of diffusion by the User in any manner whatsoever, with or without consideration, of the creations made with BullPort which contravene the rights of third parties,
(iv) in case of use of BullPort in violation of the German Intellectual Property Code, including the integration or modification of original works.
Unless otherwise specified by mandatory public provisions, in addition Thomas Koss cannot be held responsible for any direct or indirect damage of any kind- including but not limited to corporal damage, loss of use of BullPort, business disruption, loss of data or any other pecuniary or non-pecuniary loss- resulting from the use or inability to use BullPort, even if it was aware of the occurrence of such damage.
In any event, the extent of Thomas Koss’s liability shall be strictly limited to the amount actually paid by the User to acquire the BullPort Software License.
9. LIABILITY OF THE USER
When the User uses the product, they shall expressly undertake to comply with all the applicable laws, rules and regulations. The User shall be solely responsible for any use of BullPort that violates the rights of third parties, including those resulting in the creation of new works.
10. TERMINATION
In the event of breach by the User of any of the provisions of this License, it shall be automatically terminated by Thomas Koss at the exclusive fault of the User and without notice. The User shall immediately cease using BullPort.
Upon termination, for whatever reason, the User shall immediately uninstall the product and destroy any copies that are in their possession.
MODIFICATION OF THIS EULA OR THE PRODUCT
Thomas Koss reserves the right, at its discretion, to update, change, modify, add, amend, adapt or delete certain terms of this EULA for the purposes of safety, legal, best practices or regulations. You will not necessarily receive a notice informing you of the effective date of the changes. You can review the most recent version of this EULA by clicking on the “About” tab in the Help Menu (Windows). In any case, it is your responsibility to regularly check this EULA so that you are aware of any such changes. If a future amendment of this EULA seems unacceptable or leads you to be in disagreement or in accordance with this EULA, you may terminate this EULA and shall immediately uninstall the product and destroy all copies of the product. By continuing to use the product after a revision of this EULA, you agree fully and irrevocably with all the changes made to the EULA.
Thomas Koss can modify the product for any reason whatsoever or for no specific reason, at any time and at its discretion, including for technical reasons such as updates, maintenance and/or reset operations designed to improve and/or optimize the product. You therefore agree under these terms and conditions, that the product may install or download the modifications automatically.
11. SPECIAL PROVISIONS
Law and Jurisdiction: This License is governed by German law. Its execution and interpretation fall within the jurisdiction of the German courts.
Severability: If the court or competent authority considers that a term of the EULA is invalid, illegal or unenforceable, the term or part of the term in question shall be deemed, to the extent necessary, to be deleted and the validity and enforceability of the other terms of this EULA shall not be affected. In the event where an invalid, unenforceable or illegal term of this EULA is valid, enforceable and legal if part of that term was deleted, it shall apply with a minimum modification necessary to make it legal, valid and enforceable by reflecting the original intentions of Thomas Koss.
If this Agreement is translated into any other language and there is a contradiction between the original version and the translation, the English version shall prevail to the extent that such discrepancy is the result of an error in translation.
For any question concerning this EULA, contact Thomas Koss via our online form.
