Last updated March 13th, 2023
This End-User License Agreement ("EULA") is a legal agreement between You (End-User: either an individual or a single entity) and Neuhard & Bernhart GbR ("Licensor", referred to as "Coffee Scream Studio"), located at Landgrafenstr. 53, 66996 Ludwigswinkel, for the software product, Tirepressure ("Software", "Licensed Application").
By downloading Tirepressure from Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), as well as by installing, copying, or otherwise using the Software, you agree to be bound by the terms and conditions of this EULA.
The parties of this License Agreement acknowledge that the Play Store is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to Tirepressure, such as warranty, liability, maintenance and support thereof. Neuhard & Bernhart GbR is solely responsible for the Software and the content thereof.
Tirepressure is licensed to You, the End-User, for use only under the terms of this EULA. Neuhard & Bernhart GbR reserves all rights not expressly granted to You.
Neuhard & Bernhart GbR grants you a non-exclusive, non-sublicensable, non-transferable, limited license to install and use the Software for your personal purposes on any Devices that You (End-User) own or control in accordance with the terms of this EULA.
This license will also govern any updates of the Software provided by Neuhard & Bernhart GbR that replace, repair, and /or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
You may not:
If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
Violations of the obligations mentioned in this EULA, as well as the attempt of such infringement, may be subject to prosecution and damages.
The Software and all copyrights, trademarks, and all intellectual property rights related to the Software are owned by Neuhard & Bernhart GbR. The Software is protected by German and international copyright laws and treaties.
Neuhard & Bernhart GbR is not obligated, expressed or implied, to provide the Licensed Application, to provide any maintenance, updates, technical or other support for the Licensed Application.
Neuhard & Bernhart GbR reserves the right to modify or replace the terms and conditions of this EULA at any time without prior notice. It is Your responsibility to review the terms and conditions of this EULA to ensure that you are aware of any changes.
You agree to indemnify and hold Neuhard & Bernhart GbR and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including attorneys' fees, due to or arising out of Your:
The Software is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate on any devices, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied:
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.
To the maximum extent permitted by applicable law, in no event shall Neuhard & Bernhart GbR or its suppliers be liable for any indirect, consequential, incidental, special, or punitive damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Software, third-party software and /or third-party hardware used with the Software, or otherwise in connection with any provision of this Agreement), even if Neuhard & Bernhart GbR or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You acknowledge that the Company will be able to access and adjust Your downloaded Licensed Application content and Your personal information and that the Company may access, store, process, and use any such material and information and personal data that You provide following the terms of the Company’s Privacy Policy: coffee-scream.studio/datenschutz.html
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. The Company may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions and /or Content, You thereby represent and warrant that:
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
By submitting suggestions or feedback regarding the Licensed Application, you agree that the Company can use and share such information for any purpose without compensation to you.
Neuhard & Bernhardt GbR does not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion,
We have no obligation to monitor your Contributions.
The license is effective until terminated by Neuhard & Bernhart GbR or by You. Your rights under this license will terminate immediately and automatically and without notice from Neuhard & Bernhart GbR upon your breach of any term(s) of this license. Upon termination, You shall immediately cease all use of the Software and destroy all copies, full or partial, of the Licensed Application.
All legal disputes shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and excluding the conflict of law rules. Your use of the Application may also be subject to other local, state, national or international laws.
This EULA constitutes the entire agreement between You and Neuhard & Bernhart GbR with respect to the Software and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
For general inquiries, complaints, questions, comments or claims regarding this EULA or Tirepressure, please contact:
Neuhard & Bernhart GbR alias: Coffee Scream Studio shareholders: Jenny Neuhard and Adrian Bernhart Landgrafenstr. 53 66996 Ludwigswinkel Germany coffee-scream.studio support@coffee-scream.studio VAT: DE354467256
By installing, copying or using the Software, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions.