End User License Agreement (EULA)

JENS — Calvin Lubowski

This License Agreement (“EULA”) is a legally binding contract between you (“Licensee”) and Calvin Lubowski, lubowskidesign.com, Biel, Switzerland (“Licensor”) for the use of the software JENS and all other products of lubowskidesign.com (collectively “Software”). By installing, downloading or using the Software, you agree to the terms of this EULA. If you do not agree, do not install or use the Software.

1. Grant of License and Usage Restrictions

Scope of License

The Licensor grants the Licensee a non-exclusive, non-transferable, personal license to use the Software in accordance with the terms of this EULA.

Number of Installations

A single license entitles the Licensee to install and use the Software on one (1) defined number of devices as specified in the respective license model. Simultaneous use on additional devices requires the purchase of additional licenses.

Prohibited Actions

The Licensee is not permitted to:

• sell, rent, lease, sublicense or otherwise transfer the Software in whole or in part to third parties
• decompile, disassemble or otherwise attempt to derive the source code of the Software (Reverse Engineering)
• modify, adapt or create derivative works based on the Software
• circumvent or disable any protection mechanisms, license checks or technical security measures
• share or publicly disclose license keys to third parties
• use the Software for any illegal purposes

2. “As Is” Provision — Disclaimer of Warranties

The Software is provided in its current state (“AS IS”) without any express or implied warranty. The Licensor expressly disclaims:

• any warranty of merchantability or fitness for a particular purpose
• any guarantee that the Software will operate error-free or without interruption
• any guarantee of compatibility with specific hardware, operating systems or third-party software
• any guarantee that errors or bugs will be fixed

3. Limitation of Liability

3.1 Maximum Liability

The total liability of the Licensor is in any case limited to the amount the Licensee has actually paid for the respective license.

3.2 Exclusion of Consequential Damages

The Licensor shall in no event be liable for:

• loss of profit or revenue
• production failures, operational interruptions or cancellation of events
• loss of data or costs of data recovery
• damage to reputation or goodwill
• any indirect, incidental, special or consequential damages of any kind

This applies even if the Licensor has been advised of the possibility of such damages.

4. Updates, Availability and Discontinuation of Service

4.1 No Obligation to Update

The Licensor is not obligated to provide updates, bug fixes or new versions of the Software. Where updates are offered, they may be subject to additional charges.

4.2 Modifications to the Software

The Licensor reserves the right to modify the Software at any time, add or remove features without prior notice.

4.3 Discontinuation of Service

The Licensor reserves the right to discontinue the Software and any associated services (license server, activation server) at any time and without giving reasons. A refund of the license fee is excluded in such cases.

5. Governing Law and Jurisdiction

5.1 Applicable Law

This EULA is governed exclusively by the substantive law of the Swiss Confederation, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

5.2 Place of Jurisdiction

For all disputes arising out of or in connection with this EULA, the exclusive place of jurisdiction shall be Basel, Switzerland.

5.3 Exclusion of Class Actions

The Licensee waives the right to assert claims as part of class actions or similar proceedings. Each claim must be made individually and separately.

6. Data Protection

The Licensor processes personal data of the Licensee exclusively for the purpose of contract fulfillment and license management, in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the General Data Protection Regulation (GDPR). For details, please refer to the Privacy Policy at lubowskidesign.com.

7. Term and Termination

This EULA is effective from the moment of acceptance for an indefinite period. The Licensor may terminate this EULA with immediate effect if the Licensee breaches any provision. Upon termination, the Licensee is obligated to immediately uninstall and destroy all copies of the Software. No refund of license fees already paid will be made.

8. General Provisions

8.1 Severability

Should any provision of this EULA be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.

8.2 Entire Agreement

This EULA constitutes the entire agreement between the parties and supersedes all prior oral or written understandings relating to its subject matter.

8.3 Amendments

The Licensor reserves the right to amend this EULA at any time. Continued use of the Software after the amended EULA takes effect constitutes acceptance of the changes.

By installing or using the Software, you confirm that you have read, understood and accepted this EULA.