User Agreement

User Agreement

General terms and conditions

These terms and conditions apply to all versions of the AUTOTRAP (hereinafter referred to as the Software product).
The Software product includes computer software, including any related media, printed materials and documentation in 'Online' or electronic Format.

This EULA is a legal agreement between you (either as an individuial or legal Person) - hereinafter referred to as "licensee", and Timex Group Sa, Luxembourg, hereinafter referred to as "Timex Group".

By using the Software product (especially as a licensing business customer!), select the option 'Install/accept', use and/or register, you agree with this present EULA. If you do not agree, you may not install or otherwise use the Software product. The installation of Trial/Test/Demo versions, in particular, takes place at your own risk and with the exclusion of any liability or warranty, which you acknowledge with confirmation of the "Install" button.
Any rights of domestic or foreign third parties, in particular, the rights of affected internet providers, internet platforms or internet databases, are expressly acknowledged and shall apply to themselves.
The Software product is licensed, not sold. Timex Group grants the licensee a non-exclusive, non-transferable, limited update-enabled right to use an internet-reading product from a program suite for the purchased product copyright law.

Terms

The licensee (You) is granted the following rights:
the Software product may be installed and used on a single Computer. The power user is entitled to make, install and use a Version for his/her exclusive use on a portable Computer. It must be purchased for each individual Computer on which the Software product is installed or used through this storage device, a specific license for that particular Computer. The Software product may only be stored or copied for backup and archiving purposes in the machine - readable form for the respective licensed Version. The rights under this EULA are non-transferable only with the consent of Timex Group and provided that the recipient agrees with all terms and conditions of this EULA.

The licensee is subject to the following restrictions: The license is not separable, i.e., the Software product may not be a property of several users on one or more computers used.

Licensee is not permitted to reverse engineering, decompile or disassemble the Software product, or to have the above-mentioned acts performed by third parties, unless and only to the extent permitted by applicable law, notwithstanding this limitation. The licensee does not have the right to request the source code of the Software product or to copy, duplicate or distribute the Software product in derogation of the above provisions.
The licensee is not entitled to rent or lease the Software.

Internet Database Platform Operator

The licensor of Timex Group points out that the use of search programs, such as the licensed AutoTrap, from the Internet database platform operators, in particular, of Mobile.de or AutoScout24.de to occasion.
To terminate the business relationship with the licensee and to assert recourse as well as other civil/ criminal law claims, provided that he has an advertiser/ user agreement for the respective closed user area or these products or services.

Vehicles regularly advertised. In various internet databases, products and in particular vehicles may only be searched by means of the search masks provided by the respective Internet database provider.
According to the terms and conditions of some Internet database providers, the product/ vehicle search is not permitted there, bypassing the search masks, in particular by using search software that accesses these databases.
The licensor and the licensee hereby agree in the light of the foregoing that the licensor Timex Group is expressly exempted from any liability arising from legal relationships and claims/recourse with Internet database platform operators by the licensee.

The use of the Software is carried out at your own express request as customer/licensee, without the licensor assumes economic and legal liability risks from this use.
This advance Timex Group is sent herewith, you, as licensee, for any and all liability for claims against you in the external relationship and internal relationship free, as well as for claims made against the licensor Timex Group due to any claims, in particular of Internet, database, platform operators, Internet service providers, network operators, resulting from commissioning and/or use and/or data-transmission volume and/or data content of the licensed Software by you. Timex Group's liability for brochures is expressly excluded.

As a precaution, it is stated that, contrary to expectations, both parties may be liable for damage caused to a third party in connection with the service on the basis of statutory liability provisions, the full liability shall be at your expense for the compensation between you as licensee/user and Timex Group Sa. A liability on the part of the Timex Group® for functional ability, validity, damages, and impairments caused by computer viruses or installation consequences on your systems is excluded.

The licensed software / Browser usage right agreed upon here is abstract as a 'Multi-Stock Exchange' on the possibility to categorize different Internet offering platforms online. At present, the functionality is usable for several Internet database platforms, but the subject of the order is only the Filterability for at least two online product exchanges in the (vehicle)trading division. Claims for damages are excluded.
This also applies to claims for compensation for consequential damages such as data loss. Description of other rights: 'Trial Version':

Versions marked as' Trial Version ' may be used free of charge and without obligation within the scope of this EULA for a test period of seven days in order to test the functionality and suitability of the Software product by the licensee.

At the end of the trial period, the software product must be either licensed by the licensee or deleted by the respective storage media used for testing purposes. Any continued use of the non-licensed Software product beyond this test period is not permitted. Timex Group reserves the right at any time to prevent the use of the Software product beyond the test period by means of appropriate measures. The scope of the' Trial Version ' can differ from the licensed Software product without any claims can be made.

'Site License': only versions marked as 'Site License' or 'multi-user' may be installed and used by several users on several licensee's computers with this EULA.

Update or Upgrade

Technical innovations and extensions of the read-in software or the filter application as update deliveries are reserved.
Similarly, Changes due to technical progress or programming Changes. The licensor of the software or the contractor reserves the right to modernize the user interface, integrate additional application modules, any menus; extensions and Layout/ Design revisions. Update versions are subject to functional requirements of the customer/customer for the aforementioned only the subject matter of the read-in/Browsing functions to be performed by products/models/articles to be filtered or searched and their program usual categorization. Should during the course of Updates during the license period, the aforementioned read/filter functionality of several parallel program parts or search applications can be executed (for example, for service reasons, reasons of goodwill or for test purposes), which offer the licensee/user redundant this functionality at the same time with different interfaces/menu guides, this multiple services does not entitle the user to.

The license fulfillment for the Software product is carried out by the licensor to the licensee/user through the basic program provision of a single online Software/Browser search application usage right in the commissioned number of single-user versions and/or user-defined user-defined.

in the contracted amount of licenses. The user must not skip or omit some updates provided by the manufacturer;
if a user omits an Update, it can lead to program errors or to data loss/filter setting losses on its installed Version.

Update or Upgrade approval

If the Software product is referred to as an extension product of this Software product ('Update' or 'Upgrade'), the licensee agrees by installing and using these new products (Update) Version of the Software product or due to non-proof of usability defects in the reading (therefore also in case of failure of installing update-Start-Up), that it is a license exchange in term performance of this license agreement.
The EULA for the previous Version expires and the previous Software product may no longer be used.

Duration of the contract: this EULA is valid for an indefinite period. Otherwise, the license period depends on the agreed software usage period, which generally includes a term expiration date. If it is a 'Trial license' (which means 'free and non-binding trial license'), the right to use the software ends with the expiration of the test period, which is generally limited to a calendar week. Timex Group is entitled to terminate this EULA without notice if the licensee violates provisions of this EULA. In this case, the licensee is obliged to destroy the entire Software product.

The Licensee may terminate this EULA at any time by destroying the Software product, and Timex Group can be sufficient proof. In the case of back debit notes and arrears leading to reminders, in addition to the bank charges-external costs, Dunning fees and processing fees in the amount of € 15.00 per incident or Dunning process are to be paid by the licensee/customer to the Billing-/collection company or to the manufacturer.

Product support

Timex Group provides free product support ('Support') by telephone and E-Mail to the 'normal' extent (five requests) when installing and using the Software product, provided that the user is fully familiar with the safe handling of the operating system and is sufficiently qualified with the handling of such Software products.

Additional support, in particular by telephone, fax, or in person on site, can be charged by Timex Group.

Similarly, requests that exceed the normal scope of the Software may be subject to a charge.

The decision of whether product support is subject to a fee or not is sole with Timex Group.

Warranties

In particular, the following services are not covered by this license agreement and are expressly excluded:

The activation of proxy servers by a Client (on the Intranet or on the Internet) basically prevents the functioning of the Software.
If proxy-based use is possible, the licensor will not read network-side customer / user data;
if you become aware of it, you will not be passed on to any third party in compliance with data protection.
However, Timex Group shall not be liable for any network/data damage resulting from abusive (Hacker) attacks on customer computers.
The licensor Timex Group points out that the licensed Software is expressly not designed for 24-hour continuous operation.
Similar to Multimedia applications, Office programs and other additional applications, in particular against the background of the specifications of the Microsoft®-Windows® operating systems (registered trademark of the company <url>).
Microsoft Corporation), a trouble-free and uninterrupted running capability is not guaranteed in principle.
The licensor recommends that the licensee strongly to restart the application every two hours by program termination and subsequent recall of the software application. Especially in view of possible parallel to the AutoTrap simultaneous use of other application applications on the same computer system, the licensor strongly recommends to the licensee a device restart every four hours by shutting down the PC operating system, multi-second switching off the device power supply and then restart or restart the computer. A stable or uninterrupted use of the possibly very resource-intensive selection functions is highly dependent on the computing device characteristics of the licensee/user Hardware, particularly the processor, memory/ hard disk requirements and operating system settings, on the one hand, and the available online management of capacity and/or data transmission speeds of the Internet service provider (for example, T-online™, AOL™, Arcor™, etc.) on the other.

Warranty and liability

Timex Group provides a basic Support to the licensee. No further guarantees are granted.
In particular, no guarantee is given that the Software product is completely error-free and runs equally on all computers. For incompatibilities with hardware components, operating systems or other Software products or components thereof no liability is assumed. For internet-legal consequences arising from Installation, application and use, no liability is assumed.

Hardware components to be supplied are subject to typographical errors and technical changes in performance or equipment within the scope of supplier availability and technical progress. The delivery is made with the manufacturer's guarantee, under exclusion of warranty rights on the part of Timex Group Sa. The Timex Group Sa assigns to the purchaser the warranty rights, it is entitled to an action against your seller for the delivered Hardware; alternatively, the defect liability among merchants is limited to 12 months. The Software is provided "as is" without warranty of any kind, whether direct or indirect, of merchantability or fitness for a particular purpose.

The licensed Software/Browser usage right refers abstract to the possibility to categorize different Internet service platforms online. At present, the functionality is usable for several Internet database platforms, but the subject of the order is only the Filterability for at least two online product exchanges in the (vehicle) trading division. To the maximum extent permitted by applicable law, Timex Group shall in no event be liable for any consequential, incidental, indirect or other damages whatsoever (including, but not limited to, damages for loss of profits, business interruption, loss of business information, or pecuniary loss) arising out of the use or inability to use the software product or any support services not provided.

The licensor is not liable for the completeness of categorized/filtered data, especially if the Browsing Data Field content must be volume-mapped as a string.
All liability in all cases is limited to the license fee actually paid for the Software product.

Copyright

The Software product is protected by international copyright treaties and other laws and agreements on intellectual property.
The property and copyright of the Software product including all rights of Use and exploitation is owned by © 2019 Timex Group Sa.
If other trademarks are mentioned in the Software, they are for Illustration only.

The conclusion of the agreement

The law of the Grand Duchy of Luxembourg shall apply to the exclusion of the UN Convention on contracts for the international sale of goods.
Should any provision of this EULA be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Changes and additions to this EULA and the underlying Software/Browser-usage rights-license agreement require the written form. Oral agreements, including the cancellation of the written form, are void. The place of jurisdiction for all disputes arising from this contract and its implementation is Luxembourg.