End-User Licence Agreement

Parties

Licensor: PixelFlow IT Solutions, sole proprietorship, owner Michał Pytel, Treitschkestraße 2, 80992 München, Germany (ticket@pixelflow-it.de). "PixelFlow IT Solutions" is a business designation; the contracting party is the natural person named above.

This software and its accompanying files ("the Software") are proprietary and confidential. The Software is licensed, not sold. "The Software" means Updatica Space and any of its tools the Licensee has licensed: BIOS Checker, Driver Checker and RGB Checker.

1. Grant of licence

Subject to a signed purchase or subscription agreement between Licensor and the customer ("Licensee"), Licensor grants Licensee a non-exclusive, non-transferable licence to install and use the Software for Licensee's internal business purposes only. The licence covers the tools named in that agreement; a licence naming no tool covers all of them.

2. Restrictions

Unless expressly permitted in writing, Licensee may not: (a) copy, distribute, sublicense, rent, lease or lend the Software; (b) modify, reverse engineer, decompile or disassemble the Software, except where such restriction is prohibited by law; (c) remove or alter proprietary notices; (d) resell the Software or offer it as a service to third parties.

3. Ownership

The Software is owned by Licensor and protected by copyright law. No title or ownership is transferred to Licensee.

4. Third-party components

The Software includes third-party components under their own licences (among them BSD, MIT, Apache-2.0, MPL-2.0, ZPL 2.1 and, for fonts, SIL OFL 1.1). The notices shipped with the Software list them, and those licences apply to the respective components.

5. Responsible use

The Software retrieves publicly available firmware, driver and software information from manufacturer websites. Licensee is responsible for ensuring its use complies with the terms of service of those websites and with applicable law in Licensee's jurisdiction.

6. No warranty

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of liability

IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THE SOFTWARE OR ITS USE.

Sections 6 and 7 do not limit liability for intent or gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), or under a guarantee expressly given. For slight negligence in breaching an essential contractual obligation, meaning one whose fulfilment makes proper performance of this agreement possible and on which the Licensee may regularly rely, liability is limited to the damage typical and foreseeable for this kind of contract.

8. Vendor material

The Software locates and downloads firmware, drivers and utilities published by hardware manufacturers. Those files remain the property of their respective manufacturers and are subject to the manufacturers' own licence terms. Licensor grants no rights to them, makes no representation about them, and does not redistribute them: each download is fetched by the Licensee's own installation, directly from the manufacturer, and is verified against the manufacturer's published checksum where one exists.

9. Payment

9.1 Perpetual licences are payable in full before the download is released. A download link is issued once payment has been received. This is deliberate and not negotiable by default: software delivered as a download cannot be recovered once it has been delivered, so advance payment is the only security that exists for it.

9.2 Subscriptions are payable in advance for each billing period. Access continues for as long as the current period is paid.

9.3 Invoices are due within 14 days of receipt, without deduction, unless agreed otherwise in writing.

9.4 Where an invoice is overdue, interest accrues at nine percentage points above the base rate (Basiszinssatz, § 247 BGB) and a flat charge of EUR 40 applies (§ 288(2) and § 288(5) BGB). These rates apply between businesses; Updatica Space is not sold to consumers.

9.5 Licence files and download links may be withheld, and a subscription suspended, for as long as an invoice is overdue. A perpetual licence already paid for is not affected by a dispute over a later invoice.

9.6 Prices are those published at the time of ordering. They are final prices: as a small business under § 19 UStG, the Licensor charges no VAT. Bank charges levied outside Germany are borne by the Licensee.

10. Governing law

This agreement is governed by the laws of the Federal Republic of Germany. Place of jurisdiction is München, to the extent legally permissible.