License (Terms & Conditions)
In order to use Regatta Hero you have to accept this license (Terms & Conditions).
Regatta Hero License Terms
for free-of-charge Software
(Terms & Conditions)
Note: The following license terms do not apply to our iOS apps that have been obtained from the Apple App Store. The standard license terms of Apple, which are available on the App Store, apply in this case.
Effective: January 1, 2023
Table of Contents
§ 3 Conclusion of the Contract
§ 4 Ownership and Intellectual Property Rights, Usage Rights
§ 6 Data Processing Information
§ 7 Warranty and Limitation of Liability
§ 8 Changes to the Terms and Conditions or Services
§ 1 Scope of Application
(1) These license terms/terms of service contain the terms applicable exclusively between you as the user (hereinafter "User" or "You") and the developer Kristian Raue (hereinafter "Provider" or "we," further details see imprint) for software provided free of charge. Other license terms/terms of service (with the exception of the license terms for the Regatta Hero and Regatta Start apps for iOS in the Apple App Store) do not apply, even if we do not explicitly object to their application. Divergent, additional, or conflicting terms apply only if we have recognized them in writing. This also applies if your offer or acceptance is made with reference to the priority application of your own general license terms/terms of service.
(2) Individually agreed terms (including side agreements, supplements, and changes) with you take precedence over these terms and conditions. The content of such agreements shall be determined by a written contract or our written confirmation, subject to proof to the contrary.
(3) References to the applicability of statutory provisions are for clarification purposes only. Therefore, the statutory provisions apply even without such a clarification, as long as they are not directly modified or expressly excluded by these terms and conditions.
§ 2 Subject of the Contract
(1) The subject of the contract is
(a) the permanent provision of the software made available by the provider free of charge as a download,
(b) the provision of the associated user documentation,
(c) the granting of the usage rights described in § 2.
(2) The provision of the software is made electronically.
(3) The following are not part of the contract, in particular:
(a) the creation of the system environment necessary for the use of the software. The installation of a functional hardware and software environment, adequately dimensioned even with the additional load of the contractual software, is the sole responsibility of the user;
(b) updates, further developments, or another version of the software;
(c) other services (e.g., installation, configuration, software maintenance, training/seminars, telephone support) unless separately agreed in writing with the provider.
(4) The features of the software are exclusively described on the provider's website (www.regattahero.com) for the free software provided. Such descriptions are to be understood as performance descriptions but do not constitute guarantees. An express guarantee requires a written declaration from the provider's management.
§ 3 Conclusion of the Contract
(1) The provision of the free software for download in the App Store constitutes a binding offer to conclude a contract. The user accepts the offer by clicking on the "Accept License Terms" button in the app.
(2) The text of the contract in the form of these terms and conditions is available on our website and within the software at any time. Beyond that, the contract text is not accessible and is not stored by us.
(3) The contract is concluded in German.
§ 4 Ownership and Intellectual Property Rights, Usage Rights
(1) Ownership and intellectual property rights to the software remain entirely with the provider at all times. The user is only entitled to use the software within the framework of the following provisions of these terms and conditions.
§ 5 User Obligations, Notices/Areas of Use for the Software, Indemnification for Unauthorized Use of the Software
(1) The user is obliged to check the software before concluding the contract to see if its specification meets the user's needs and wishes.
(2) The essential functional features and conditions of the software are known to the user.
(3) The user acknowledges that the provider's software, unless otherwise agreed, has not been specifically planned, developed, or adapted for the user. The user is aware that the software may not meet the user's specific requirements. The user is solely responsible for the selection of the software concerning the intended purposes and for the results to be achieved using the software. The provider does not guarantee the suitability of the software for a specific purpose.
(4) The user shall take appropriate measures in case the software does not function properly in whole or in part (e.g., through data backup, documentation of software usage, error diagnosis, regular review of results, and emergency planning). It is the user's responsibility to ensure the functionality of the program's operating environment.
(5) When using the provider's software, it is solely the user's responsibility to check the inputs they make. The user is aware that incorrect inputs into the software will result in incorrect outputs. The same applies to user errors. In no case is the user exempt from reviewing the inputs made and the results achieved using the software. The provider is neither responsible for the user's inputs nor for any user errors or misuse of the software, nor is the provider responsible for the results achieved by the user through the use of the software based on their inputs.
(6) The user is responsible for monitoring, handling, and controlling their use of the software. This responsibility includes ensuring that, where necessary, the user selects appropriate applications to use or integrate with the provider's software in accordance with technical requirements (including system environment) and considering the intended results achieved through the software.
(7) The user must observe the instructions provided by the provider for the installation and operation of the software and regularly check the provider's website for updates and current information.
(8) The user is aware that the software is not suitable or intended for dangerous areas of application. "Dangerous areas of application" are those where flawless operation of the software is essential to avoid damages to life, physical integrity, health, and/or other legally significant interests.
(9) The user is prohibited from using the software for the following dangerous applications unless otherwise agreed with the provider:
• Use in connection with power plants, especially in the field of nuclear energy;
• Use in connection with traffic control, especially air traffic control;
• Use in connection with medical or life-support devices;
• Use in connection with weapons systems.
(10) The user is aware that the software can also be used for critical processes or integrated into such processes if desired. "Critical processes" refer to technical and/or business processes that handle tasks of significant importance for the user or third parties and/or that pose considerable risks due to their sensitivity (e.g., in terms of security, value creation, confidentiality, sensitivity of data processing, etc., such as the use of the software in connection with financial transactions, the sale of securities, or other goods). If the user uses the software in connection with critical processes, the provider hereby expressly reminds the user of the obligations outlined in the previous paragraphs, especially paragraphs 4 to 7. It is solely the user's responsibility to establish and implement an independent process to review their inputs and the results achieved through the use of the software for such purposes. The provider is not responsible for this. The provider also expressly reminds the user that incorrect inputs can lead to incorrect results and, in such cases, cause significant damage.
(11) In case of violation of the aforementioned duties, the user shall bear the associated disadvantages and costs.
(12) The user agrees to use the software only in compliance with applicable laws, governmental regulations, or the rights of third parties, as well as these general terms and conditions. The applicable laws are those of the user's and the provider's home countries. The user agrees not to engage in any conduct that violates applicable law. The user will not use the software to:
• Send spam or otherwise multiple or unsolicited messages in violation of applicable laws;
• Send or store defamatory, obscene, threatening, libelous, or otherwise unlawful or unauthorized material, including material harmful to children or infringing on the rights of third parties; or
• Send or store material containing software viruses, worms, Trojan horses, or other harmful computer codes, files, scripts, agents, or programs.
The user assumes sole responsibility for the content of their use of the software and indemnifies the provider against any claims, actions, consequences of actions, losses, or damages arising from the user's non-contractual conduct.
§ 6 Data Processing Notices
The provider does not collect (personal) data from the user at the time of contract conclusion or when using the software.
§ 7 Warranty and Liability Limitations
(1) The user is aware that the provider offers the software free of charge. User rights regarding material or legal defects follow the legal provisions on gifts. There are no further warranty rights.
(2) The provider's liability is excluded.
(a) Data communication over the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. If the provider offers services over the internet, the provider will strive to maintain the services' availability as constant as possible. However, the provider is not liable if products and/or services offered via the internet are temporarily unavailable.
(b) The provider is especially not liable for the error-prone nature of products or services whose functionality depends on data or services provided by third parties.
(c) The above limitation of liability also applies to the provider's legal representatives and agents if claims are made directly against them.
(3) The above exclusion of liability does not apply:
- In case of intent or gross negligence;
- For injury to life, body, or health;
- For claims under the Product Liability Act; and
- In the case of slight negligence leading to a breach of duty essential for achieving the purpose of the contract (cardinal obligation). An essential duty is one whose fulfillment makes the proper execution of the contract possible, and which the contracting parties regularly rely on. In the latter case, the provider's liability is limited to damages foreseeable and typical for such business transactions.
(4) The provider reserves the right to raise the defense of contributory negligence. The user is particularly obligated to back up data and prevent malware according to the current state of technology.
§ 8 Changes to the Terms or Services
(1) For services provided free of charge, the provider is entitled at any time to change, cancel, or replace the terms with other terms and to make new services available, either free or paid.
§ 9 Other Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention.
(2) The place of performance is Kirchzarten, Germany.
(3) If the user is a merchant and has their registered office in Germany at the time of the order, the exclusive place of jurisdiction is the provider's place of business in Kirchzarten, Germany. The same applies if the user does not have a general place of jurisdiction within Germany, relocates their residence or habitual place of abode from Germany after concluding the contract, or if the user's residence or habitual place of abode is unknown at the time the claim is filed. However, the provider is also entitled to file claims at the user's registered office. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.
(4) The parties acknowledge that the contractual software may be subject to export and import restrictions. In particular, licensing requirements may exist or the use of the software or related technologies may be subject to restrictions abroad. The user will comply with the applicable export and import control regulations, especially those of the Federal Republic of Germany and the European Union, as well as all other relevant regulations. The provider's fulfillment of the contract is subject to the reservation that no obstacles due to national or international regulations of export and import law or other legal provisions prevent fulfillment.
General license terms/conditions for software provided free of charge by Kristian Raue. As of: January 1, 2023