Terms & Conditions
The following definitions shall apply for the scope of these Terms:
Access to Managed Services is granted for the particular License Terms.
Should a Product of Safe Super Key be provided to the Customer pursuant to a license which, when fully paid, is to be perpetual, the following shall apply:
Scope of the Standard Terms and Conditions of Business
The standard terms and conditions of business set out below (hereinafter referred to as "Terms") shall apply to any and all agreements between Safe Super Key , and its Customers concerning the delivery of its Products and/or Services, in particular, the provision of Software and its Updates/Upgrades, Managed Services and the rendering of related Services.
These Terms shall also apply to any and all future agreements between Safe Super Key and the Customer without any further reference to them. In addition to these Terms, the EULA shall be applicable to any use of Products and in case of Services; the respective SLA shall be applicable in addition to these Terms. In case of conflict between these Terms and the EULA and/or the respective SLA, the provisions of these Terms shall prevail unless a specific term in a EULA or SLA is more favorable to Safe Super Key
These Terms shall prevail over any proposed terms and conditions of the Customer, even if the Customer has communicated its terms and conditions to Safe Super Key unless Safe Super Key has agreed to customer's terms and conditions in safesuperkey@gmail.com . These Terms also apply in cases whereSuper Safe Key provides its Products and/or Services to the Customer without any reservation and/or with knowledge of the contradicting or differing terms of the Customer.
Safe Super Key reserves the right to change, update, amend or modify these Terms at any time. Such changes will be transmitted to the Customer at safesuperkey@gmail.com (email will be sufficient). The Customer may object to the changes. If the Customer does not object to the changes or any part thereof, within four (4) weeks after receipt of a notification (hereinafter referred to as "Objection Period"), the changes shall be deemed accepted unequivocally by the Customer. If the Customer objects to the notified changes within the Objection Period, the agreement will continue on the present Terms or Super Safe Key may, in its discretion terminate any or all licenses or other agreements with the Customer. Objections, notifications and other correspondence from the Customer to Safe Super Key shall be sent to the address at the end of these Terms.
- Access - means access to a Service by use of a browser and with the aid of a Login.
- Automatic Renewal - means renewal of a License at the end of a License Term without added notice. Safe Super Key
- Apps Freeware - means any and all Products and Services that are provided to the Customer free of charge.
- Safe Super Key Shareware - means any and all Products and Services that are provided to the Customer free of charge for trial purposes for a limited or unlimited License Term.Computer - means any device that is able to process data with the assistance of a programmable calculation specification.
- Consumer - means a Consumer and/or Entrepreneur.
- Entrepreneur - means any natural person, partnership, corporation, Limited Liability Company or other legal business entity that uses the Products or Services of Safe Super Key in their or its business and is not using the Products or Services for personal or family reasons.
- EULA - means the End User License Agreement of the respective Safe Super Key entity that must be accepted by the Customer before any use of the Products. I (users) agree all the terms and conditions with Safe Super Key apps. Safe Super Key provides lot of various different applications, Apps purpose is for safety and entertainment purpose only. If any misuse will happened through any apps of Safe Super Key then i agree on that i will be only responsible. Safe Super Key team will not be responsible directly or indirectly. I am also responsible for my data storage and lost of data, Safe Super Key team are not responsible for that. Safe Super Key ’s IOS application has limited features only as provided by the Apple guidelines and IOS limitations in software architecture. Customer or end users having not any rights to claim for same features in both IOS and Android Operating system. Safe Super Key ’s Android and IOS having different features totally depends on mobile operating systems. It stipulates the Customer's usage rights for the Products under the relevant agreement and is available for download on safesuperkey@gmail.com
- Fee - means the price or the Licence fee to be paid for a Product or Service of Super Safe Key.
- Licence - means the Customer's right to use the Products or Services subject to these Terms and in accordance with the EULA or SLA in effect as at the date of execution of the relevant agreement. The Licence shall detail the nature and scope of the Customer's right to use the Products and/or Services. For those Safe Super Key Products for which an Update Service is provided, the Licence shall also detail the Customer's right to receive ongoing Updates/Upgrades during the License Term for the provided Software. License Term - means the time period for which Super Safe Key has granted Customer a Licence to a Product or Service and, if applicable to receive Updates and Upgrades. The License Term commences as soon as the Customer has received a Software Key or Login.
- Login - means entering of identifier information into a Managed Service by a Customer in order to access that Managed Service. By sending a Login to a Customer, Safe Super Key grants a License to the Customer to the Managed Service to which the Login applies
- Malware - means any software and any other dataset that causes damaging or undesirable functions in Computer or in a computer system of a user.
- Managed Service - means a software application managed by Safe Super Key and deployed to Customer over the Internet with the aid of a Login.
- Multiple Use - means the simultaneous storage, simultaneous retention and any other contemporaneous use of Safe Super Key Products on several Computers. Such use is only allowed pursuant to Licenses for Multiple Use for some Safe Super Key products.
- One-Time-Code (OTC) - means a sequence of numbers, letters and/or other symbols that must be entered into the Computer for some Software of Safe Super Key during initial installation. In such cases, Safe Super Key will provide Customer with an OTC. Upon entering a valid OTC, the Customer shall receive the Software Key, and the License Term for that Software shall commence.
- Product - means Safe Super Key Software including any applicable Update Service and user handbooks or other goods provided by Safe Super Key
- Reseller - means a Customer to whom Products or Services are provided expressly for the purpose of resale.
- Service - means Managed Service or other related services provided by Safe Super Key.
- SLA - means the Service Level Agreement of the respective Safe Super Key entity that must be accepted by the Customer before any use of the Services. It defines the Customer's rights of use for the respective Services under the relevant agreement and is available for download on safesuperkey@gmail.com
- Software - means Safe Super Key computer programs in object code format, including any and all Updates and Upgrades thereof that Safe Super Key makes available and for which Safe Super Key has granted a License to a Customer.
- Software Key - means an encrypted code that identifies the Software provided to Customer by Safe Super Key and is necessary for installation and access to Updates/Upgrades. The Software Key is an integral component of the Software. By sending a Software Key, Safe Super Key grants the Customer the License to the Software to which the Software Key applies.
- Support - means a Service which Safe Super Key offers to Customers seeking help desk support for Products or Services.
- Updates and Upgrades - mean the updating of the Software. Classification of the updating as an Update or Upgrade is at Safe Super Key ’s sole discretion.
- Update Service - means the ongoing updating of Software through Updates and/or Upgrades and providing such Updates and Upgrades to the Customer by Safe Super Key . Some Software requires the Update Service for functional use. Safe Super Key may at its sole discretion render and designate services under its Update Service as an Update or Upgrade. Offer and Acceptance of the Agreement The presentation of Safe Super Key ’s Products and Services on the internet and in prospectuses, catalogues and brochures is for informational purposes only and shall not provide an express or implied warranty nor any binding offer from Safe Super Key but, rather, shall constitute an opportunity for the Customer to learn information and to prepare to make a binding contractual offer in the form of an order. A legally binding agreement between Safe Super Key and the Customer shall be concluded only if the Customer places an order and Safe Super Key accepts such order by way of a written order confirmation (email is sufficient) or by providing one or more Products and/or Services to the Customer, (e.g. per download or by provision of a Login). Any and all orders accepted by Safe Super Key are subject to these Terms and the applicable EULA and/or applicable SLA. Should the Customer be entitled to withdraw from or terminate an agreement based on any applicable statutory withdrawal right and should the Customer exercise this right within the relevant statutory period, the relevant EULA and/or SLA shall terminate at the same time. In case of such withdrawal or termination, Safe Super Key will refund the Customer any fees on a pro-rata basis that have already been paid for the respective Product or Service according to any applicable statutory provisions. Any deviations from or modifications to these Terms must be expressly agreed to between the parties in safesuperkey@gmail.com Offer and Acceptance of the Agreement The presentation of Safe Super Key ’s Products and Services on the internet and in prospectuses, catalogues and brochures is for informational purposes only and shall not provide an express or implied warranty nor any binding offer from Safe Super Key but, rather, shall constitute an opportunity for the Customer to learn information and to prepare to make a binding contractual offer in the form of an order. A legally binding agreement between Safe Super Key and the Customer shall be concluded only if the Customer places an order and Safe Super Key accepts such order by way of a written order confirmation (email is sufficient) or by providing one or more Products and/or Services to the Customer, (e.g. per download or by provision of a Login). Any and all orders accepted by Safe Super Key are subject to these Terms and the applicable EULA and/or applicable SLA. Should the Customer be entitled to withdraw from or terminate an agreement based on any applicable statutory withdrawal right and should the Customer exercise this right within the relevant statutory period, the relevant EULA and/or SLA shall terminate at the same time. In case of such withdrawal or termination, Safe Super Key will refund the Customer any fees on a pro-rata basis that have already been paid for the respective Product or Service according to any applicable statutory provisions. Any deviations from or modifications to these Terms must be expressly agreed to between the parties in safesuperkey@gmail.com
Definitions
The EULAs and SLAs that are concluded subject to these Terms shall define the Customer's rights to use Safe Super Key Products and/or Services in accordance with these Terms and the applicable EULA and/or SLA. Upon payment of the agreed Fee, the Customer shall be granted such use rights.
For Software for which an Update Service is available, the Licence shall include:A non-exclusive, non-transferable (with the exception of clause 5. below) right to use the Software without added charge for the License Term, and A right to access the Update Service during the License Term as paid for. For Managed Services and Software for which no Update Service is provided, the License shall include a non-exclusive, non-transferable (with the exception of clause 5. below) right to use the Managed Services or the Software during the License Term as paid for. Title in and to the Products and Services, and any and all other rights, including, but not limited to the rights of publication, reproduction, processing, translation and other exploitation rights, shall be retained by Safe Super Key . After an agreement has been withdrawn, rescinded or terminated, the Customer's License for the Products or Services shall automatically terminate and Customer shall have no further right of Access to or use of the Product or Services. The Customer shall receive no further Updates/Upgrades from Safe Super Key . The Customer shall dispose of all Software, in particular, the original data media, any backup copies and the Software data files stored on its Computer system. Safe Super Key may demand a written confirmation by the Customer declaring that all Software has been deleted in full. Software has a specific product lifecycle that governs the operating systems with which the Software is compatible and how long the Software will be supported by Safe Super Key . Software is possibly not compatible with operating systems that are not specified in the product lifecycle or once the support period has expired. Therefore, the product lifecycle constitutes therefore an integral part of the relevant agreement and is published on safesuperkey@gmail.com
Provisions for the use of Software and Managed Service:In using the Software and/or Managed Service, the Customer shall at all times comply with these Terms and Conditions as well as the terms of the EULA and/or SLA applicable at the time of execution of this agreement. In particular, the Software must not be reproduced, transferred or decompiled (i.e. recompilation into the source code), unless expressly permitted by the EULA or permitted according to law. If the Customer wishes to reverse engineer, decompile or disassemble the Software (hereinafter referred to as "De-compilation") for the purpose of achieving interoperability with other computer programs if allowed by law, the Customer shall contact Safe Super Key before De-compilation of the Software and request the provision of the information necessary for the achievement of such interoperability. If Safe Super Key supplies such information concerning interoperability without undue delay, the Customer shall not be entitled to decompile the Software. Software for which no special Licenses for Multiple Use are available according to the relevant product information is restricted to use on one Computer by a Customer. For this purpose, the Customer may use any available Computer that meets the system requirements and for which the License was granted. Should the Customer change the Computer, the Software must be deleted from the Computer on which the Software was previously installed before the reinstallation of the Software on a different Computer. For Software whose product information provides special Licenses for Multiple Use, Multiple Use shall be permissible only if, and to the extent that, the Customer purchased and was granted the relevant type or number of Licenses by Safe Super Key . Unless explicitly granted in the applicable Licence, Customer shall not have the right to access Managed Services by simultaneous or multiple use of the same Login. Safe Super Key reserves all rights to bring an action to prohibit or stop any unauthorized use of Products and/or Services by the Customer, including but not limited to, claims for injunctive relief and damages. Unauthorized use by the Customer may lead to criminal prosecution under the relevant laws. Reference is also made to the supplementary terms and conditions of use under the applicable EULA and/or the SLA. Special provisions for Resellers If Products and/or Services are provided to a Reseller, the Reseller may transfer the Licence to a third party. In the event of a resale, the serial numbers issued by Safe Super Key (e.g. License numbers, OTCs or Logins) shall be stated in the invoice. Special provisions for Resellers If Products and/or Services are provided to a Reseller, the Reseller may transfer the License to a third party. In the event of a resale, the serial numbers issued by Super Safe Key (e.g. License numbers, OTCs or Logins) shall be stated in the invoice. The Reseller shall not grant to its Customers any rights in the Products and/or Services that are different from, or greater than, those permitted pursuant to these Terms and Conditions, a EULA and/or an SLA. The Reseller shall not reproduce the Products and/or Services in whole or in part, including for purposes of data backup. The parties acknowledge that damages resulting from a breach of this clause by Reseller are difficult to determine and/or quantify. Therefore, for each breach of the foregoing provisions of this clause 5, and without prejudice to Safe Super Key ’s right to seek other remedies at law or in equity the Reseller shall pay to Safe Super Key liquidated damages in the amount of USD 20,000. Additional claims by Safe Super Key resulting from the breach of these provisions remain unaffected. Such liquidated damages will be set off against any other damage awards to Safe Super Key resulting from the breach. The Reseller shall not reproduce the Products and/or Services in whole or in part, including for purposes of data backup. The parties acknowledge that damages resulting from a breach of this clause by Reseller are difficult to determine and/or quantify. Therefore, for each breach of the foregoing provisions of this clause 5, and without prejudice to Safe Super Key ’s right to seek other remedies at law or in equity the Reseller shall pay to Safe Super Key liquidated damages in the amount of USD 20,000. Additional claims by Safe Super Key resulting from the breach of these provisions remain unaffected. Such liquidated damages will be set off against any other damage awards to Safe Super Key resulting from the breach. Safe Super Key terms & Conditions will be applicable for all the apps offered by Safe Super Key.
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Delivery
Safe Super Key delivery obligations shall be governed only by (i) Safe Super Key order confirmation, (ii) these Terms, (iii) the EULA and/or the SLA (as applicable) unless explicitly agreed otherwise between the parties in safesuperkey@gmail.com Safe Super Key may render partial deliveries where a partial delivery is reasonable for the Customer and does not significantly impair the Customer's interests. Deviations of the delivered Products and/or Services from documentation shall be permitted provided that they are reasonable and that the performance of the Products or Services is not materially, adversely affected. Safe Super Key reserves the right to make technical changes to the Products and/or Services which enhance their operability and performance or which are necessary for the operability of the Products and/or Services. Deviations of the delivered Products and/or Services from documentation shall be permitted provided that they are reasonable and that the performance of the Products or Services is not materially, adversely affected. Safe Super Key reserves the right to make technical changes to the Products and/or Services which enhance their operability and performance or which are necessary for the operability of the Products and/or Services. Should Products and/or Services licensed by Customer be replaced by new Products and/or Services in Safe Super Key ’s product line, and such new Products and/or Services perform as well or better than the Products and/or Services ordered by Customer, then Safe Super Key has Deviations of the delivered Products and/or Services from documentation shall be permitted provided that they are reasonable and that the performance of the Products or Services is not materially, adversely affected. Safe Super Key reserves the right to make technical changes to the Products and/or Services which enhance their operability and performance or which are necessary for the operability of the Products and/or Services. Should Products and/or Services licensed by Customer be replaced by new Products and/or Services in Safe Super Key ’s product line, and such new Products and/or Services perform as well or better than the Products and/or Services ordered by Customer, then Safe Super Key has the right to deliver such new Products and/or Services instead of the ordered Products Should Products and/or Services licensed by Customer be replaced by new Products and/or Services in Safe Super Key ’s product line, and such new Products and/or Services perform as well or better than the Products and/or Services ordered by Customer, then Safe Super Key has Deviations of the delivered Products and/or Services from documentation shall be permitted provided that they are reasonable and that the performance of the Products or Services is not materially, adversely affected. Safe Super Key reserves the right to make technical changes to the Products and/or Services which enhance their operability and performance or which are necessary for the operability of the Products and/or Services. Should Products and/or Services licensed by Customer be replaced by new Products and/or Services in Safe Super Key ’s product line, and such new Products and/or Services perform as well or better than the Products and/or Services ordered by Customer, then Safe Super Key has the right to deliver such new Products and/or Services instead of the ordered Products and/or Services. Should Products and/or Services of Safe Super Key be shipped at the Customer's request, the risk for damage and loss shall pass to the Customer upon release for shipment by Safe Super Key . In the event of receipt of Software by download, risk shall pass to the Customer as soon as Customer has received the necessary Software Key. Should Safe Super Key ’s performance be delayed beyond the date confirmed by Safe Super Key , claims for late performance may only be asserted following the expiry of a reasonable grace period of no less than three weeks set by the Customer. Should Safe Super Key be in default of its delivery obligations or should delivery become impossible for Safe Super Key , Safe Super Key shall only be liable pursuant to clauses 10 and 11 below. If timely delivery is prevented by circumstances that are not just temporary and that do not fall within Safe Super Key ’s control (in particular, in the event of strike, lock-out, unavailability of materials, force majeure, transport hindrances, plant closures or unavailability of internet connection), Safe Super Key or the Customer may, upon ten (10) days written notice, rescind this agreement without giving rise to any obligation to the other party. Should Products and/or Services of Safe Super Key be shipped at the Customer's request, the risk for damage and loss shall pass to the Customer upon release for shipment by Safe Super Key . In the event of receipt of Software by download, risk shall pass to the Customer as soon as Customer has received the necessary Software Key. Should Safe Super Key ’s performance be delayed beyond the date confirmed by Safe Super Key , claims for late performance may only be asserted following the expiry of a reasonable grace period of no less than three weeks set by the Customer. Should Safe Super Key be in default of its delivery obligations or should delivery become impossible for Safe Super Key , Safe Super Key shall only be liable pursuant to clauses 10 and 11 below. If timely delivery is prevented by circumstances that are not just temporary and that do not fall within Safe Super Key ’s control (in particular, in the event of strike, lock-out, unavailability of materials, force majeure, transport hindrances, plant closures or unavailability of internet connection), Safe Super Key or the Customer may, upon ten (10) days written notice, rescind this agreement without giving rise to any obligation to the other party.
Remuneration and payment terms Unless expressly agreed otherwise, Safe Super Key ’s Fees are net free
place of shipment, and all shipping costs, in particular, packaging, transport costs and transport
insurance, as well as applicable statutory value added tax - if any - shall be paid by the Customer.
Payments shall be due immediately without any deductions. Bills of exchange and checks shall be accepted
by Safe Super Key only pursuant to a special agreement between the parties and only if these methods of
payment do not give rise to any costs and fees for Safe Super Key . If the Customer defaults in
payments, Safe Super Key may demand agreed upon or statutory default interest for all past due sums
without further notice.
Payments shall be due immediately without any deductions. Bills of exchange and checks shall be accepted
by Safe Super Key only pursuant to a special agreement between the parties and only if these methods of
payment do not give rise to any costs and fees for Safe Super Key .
If the Customer defaults in payments, Safe Super Key may demand agreed upon or statutory default
interest for all past due sums without further notice.
Payments shall be due immediately without any deductions.
Bills of exchange and checks shall be accepted by Safe Super Key only pursuant to a special agreement
between the parties and only if these methods of payment do not give rise to any costs and fees for
Safe Super Key .
If the Customer defaults in payments, Safe Super Key may demand agreed upon or statutory default
interest for all past due sums without further notice. Unless expressly agreed otherwise, Safe Super Key
’s Fees are net free place of shipment, and all shipping costs, in particular, packaging, transport
costs and transport insurance, as well as applicable statutory value added tax - if any - shall be paid
by the Customer. Payments shall be due immediately without any deductions. Bills of exchange and checks
shall be accepted by Safe Super Key only pursuant to a special agreement between the parties and only if
these methods of payment do not give rise to any costs and fees for Safe Super Key . If the Customer
defaults in payments, Safe Super Key may demand agreed upon or statutory Payments shall be due
immediately without any deductions.
Bills of exchange and checks shall be accepted by Safe Super Key only pursuant to a special agreement
between the parties and only if these methods of payment do not give rise to any costs and fees for
Safe Super Key .
If the Customer defaults in payments, Safe Super Key may demand agreed upon or statutory Unless
expressly agreed otherwise, Safe Super Key ’s Fees are net free place of shipment, and all If the
Customer defaults in payments, Safe Super Key may demand agreed upon or statutory Payments shall be due
immediately without any deductions. Bills of exchange and checks shall be accepted by Safe Super Key
only pursuant to a special agreement between the parties and only if these methods of payment do not
give rise to any costs and fees for Safe Super Key
If the Customer defaults in payments, Safe Super Key may demand agreed upon or statutory Unless
expressly agreed otherwise, Safe Super Key ’s Fees are net free place of shipment, and all If the
Customer defaults in payments, Safe Super Key may demand agreed upon or statutory If the Customer
defaults in payments, Safe Super Key may demand agreed upon or statutory Unless expressly agreed
otherwise, Safe Super Key ’s Fees are net free place of shipment, and all If the Customer defaults in
payments, Safe Super Key may demand agreed upon or statutory Payments shall be due immediately without
any deductions. Bills of exchange and checks shall be accepted by Safe Super Key only pursuant to a
special agreement between the parties and only if these methods of payment do not give rise to any costs
and fees for Safe Super Key .
If the Customer defaults in payments, Safe Super Key may demand agreed upon or statutory Unless
expressly agreed otherwise, Safe Super Key ’s Fees are net free place of shipment, and all If the
Customer defaults in payments, Safe Super Key may demand agreed upon or statutory Payments shall be due
immediately without any deductions. Bills of exchange and checks shall be accepted by Safe Super Key
only pursuant to a special agreement between the parties and only if these methods of payment do not
give rise to any costs and fees for Safe Super Key .
If the Customer defaults in payments, Safe Super Key may demand agreed upon or statutory Unless
expressly agreed otherwise, Safe Super Key ’s Fees are net free place of shipment, and all shipping
costs, in particular, packaging, transport costs and transport insurance, as well as applicable
statutory value added tax - if any - shall be paid by the Customer.
Payments shall be due immediately without any deductions. Bills of exchange and checks shall be accepted
by Safe Super Key only pursuant to a special agreement between the parties and only if these methods of
payment do not give rise to any costs and fees for Safe Super Key .
If the Customer defaults in payments, Safe Super Key may demand agreed upon or statutory default
interest for all past due sums without further notice.
IF the Customer defaults in payment, then Safe Super Key may withhold all deliveries to the Customer,
including Updates and Upgrades. Customer should carefully note the consequences of a failure to install
Updates/Upgrades, in particular, that the protective function of the Software may be impaired.
The Customer may only set off against claims of Safe Super Key if the Customer's particular claims are
uncontested or confirmed in a final and binding judgment and only insofar as its counterclaims are based
on the same legal relationship between the parties. Customer should carefully note the consequences of a
failure to install Updates/Upgrades, in particular, that the protective function of the Software may be
impaired. The Customer may only set off against claims of Safe Super Key if the Customer's particular
claims are uncontested or confirmed in a final and binding judgment and only insofar as its
counterclaims are based on the same legal relationship between the parties.
The Customer may only set off against claims of Safe Super Key if the Customer's particular claims are
uncontested or confirmed in a final and binding judgment and only insofar as its counterclaims are based
on the same legal relationship between the parties.
Customer should carefully note the consequences of a failure to install Updates/Upgrades, in particular,
that the protective function of the Software may be impaired.
The Customer may only set off against claims of Safe Super Key if the Customer's particular claims are
uncontested or confirmed in a final and binding judgment and only insofar as its counterclaims are based
on the same legal relationship between the parties.
The Customer may only set off against claims of Safe Super Key if the Customer's particular claims are
uncontested or confirmed in a final and binding judgment and only insofar as its counterclaims are based
on the same legal relationship between the parties.
Customer should carefully note the consequences of a failure to install Updates/Upgrades, in particular,
that the protective function of the Software may be impaired.
The Customer may only set off against claims of Safe Super Key if the Customer's particular claims are
uncontested or confirmed in a final and binding judgment and only insofar as its counterclaims are based
on the same legal relationship between the parties.
Proper use of the Software requires receipt of a Software Key from Safe Super Key or one of its authorized Resellers and Customer's installation of all Updates/Upgrades for the respective Software by Customer. If the Customer has not installed the current Updates/Upgrades of Safe Super Key , the Software's protection against computer viruses and other Malware may be materially impaired. Installation of the Software and its Updates/Upgrades as well as regular downloading of the full and current Updates/Upgrades shall be the Customer's sole responsibility.
The Customer shall familiarize itself with the key functions of the Software or Service. The Customer shall bear the entire risk as to whether the Software or Service meets the individual requirements and needs of the Customer. The setup of a functional hardware and software environment for the Software or Service shall be the sole responsibility of the Customer. The same shall apply to regular data backup within the Customer's EDP system.
The Customer shall comply with Safe Super Key ’s advice and instructions concerning installation of the Software, the updating thereof by Updates/Upgrades and its operation. The Customer shall regularly consult Safe Super Key website (safesuperkey@gmail.com) to learn Safe Super Key current advice and shall take this into account while operating the Software.
The Customer shall install the Software at its own cost.
This shall also be the case if certain Updates/Upgrades and releases require a new installation of the Software during the License Term. The Customer shall promptly notify Safe Super Key of any alleged or potential defects in the The Customer shall promptly notify Safe Super Key of any alleged or potential defects in the Products and/or Services provided. The Customer shall notify Safe Super Key without undue delay of any changes to its email address or contact information in order for Safe Super Key to be able to send the Customer security-relevant information for the use of the Software or Services. Super Safe Key shall not be liable for any damages resulting from Customer's failure to provide such notification. The Customer shall promptly notify Safe Super Key of any alleged or potential defects in the Products and/or Services provided. The Customer shall notify Safe Super Key without undue delay of any changes to its email address or contact information in order for Safe Super Key to The Customer shall promptly notify Safe Super Key of any alleged or potential defects in the Products and/or Services provided. The Customer shall notify Safe Super Key without undue delay of any changes to its email address or contact information in order for Safe Super Key to be able to send the Customer security-relevant information for the use of the Software or Services. Safe Super Key shall not be liable for any damages resulting from Customer's failure to provide such notification.
The Customer shall promptly notify Safe Super Key of any alleged or potential defects in the Products and/or Services provided. The Customer shall notify Safe Super Key without undue delay of any changes to its email address or contact information in order for Safe Super Key to be able to send the Customer security-relevant information for the use of the Software or Services. Safe Super Key shall not be liable for any damages resulting from Customer's failure to provide such notification.
Warranty and Limitations
Unless expressly agreed otherwise, the Products provided by Safe Super Key as well as Safe Super Key
Services shall reasonably conform to all material product information and specifications provided by
Safe Super Key , including that in the user handbooks. Safe Super Key does not warrant that the Products
and Services under the agreement will be fit for any particular purpose. The Customer is advised and
understands that, based on the current state of the art, technology program errors cannot be excluded
from a Software Product or Service with complete certainty and that it is not possible to develop
Software or Services that detect The Customer is advised and understands that, based on the current
state of the art, technology program errors cannot be excluded from a Software Product or Service with
complete certainty and that it is not possible to develop Software or Services that detect The Customer
is advised and understands that, based on the current state of the art, technology program errors cannot
be excluded from a Software Product or Service with complete certainty and that it is not possible to
develop Software or Services that detect any and all existing viruses or other Malware. FAILURE TO
INSTALL UPDATES OR UPGRADES AS PROVIDED WILL VOID ANY WARRANTIES HERE UNDER.
FAILURE TO INSTALL UPDATES OR UPGRADES AS PROVIDED WILL VOID ANY WARRANTIES HERE UNDER. Customer agrees
and warrants that the Products shall not be used in high risk pursuits that require error-free,
permanent operation of systems and in which the failure of the Products may result in harm to an
individual’s life, body or health or in substantial damage to property or the environment (such as high
risk activities and high availability activities, including but not limited to the operation of nuclear
facilities, weapon systems, aviation navigation or communication systems, air traffic control, life
support systems and equipment, machine and production processes of pharmaceuticals and food production).
Safe Super Key does not warrant or guarantee that the Products are fit for use in these, or other, high
risk areas. If the Customer is an Entrepreneur and Safe Super Key has provided the Customer with the
Product pursuant to a perpetual, fully paid license, then defects in the provided Products, shall be
rectified by Safe Super Key , as follows, provided the Customer has notified Safe Super Key of the
respective defect promptly Notified errors shall be rectified by Safe Super Key choice If the Customer
is an Entrepreneur and Safe Super Key has provided the Customer with the Product pursuant to a
perpetual, fully paid license, then defects in the provided Products, shall be rectified by Super Safe
Key , as follows, provided the Customer has notified Safe Super Key of the respective defect promptly
Notified errors shall be rectified by Safe Super Key choice through correction of the error ("repair")
or provision of an error-free Product ("substitute If the Customer is an Entrepreneur and Safe Super Key
has provided the Customer with the Product pursuant to a perpetual, fully paid license, then defects in
the provided Products, shall be rectified by Safe Super Key , as follows, provided the Customer has
notified Safe Super Key of the respective defect promptly Notified errors shall be rectified by Super
Safe Key choice through correction of the error ("repair") or provision of an error-free Product
("substitute delivery").
Costs for correction shall be borne by Safe Super Key
If the Customer is an Entrepreneur and Safe Super Key has provided the Customer with the Product
pursuant to a perpetual, fully paid license, then defects in the provided Products, shall be rectified
by Safe Super Key , as follows, provided the Customer has notified Safe Super Key of the respective
defect promptly Notified errors shall be rectified by Safe Super Key choice through correction of the
error ("repair") or provision of an error-free Product ("substitute delivery"). Costs for correction
shall be borne by Safe Super Key.
If the defects cannot be corrected within a reasonable period or if repair and substitute delivery fail
for other reasons, then the Customer may, at its choice, reduce the Fee paid to Safe Super Key pro rata
or - if the defects are not immaterial - terminate the agreement. Any damage claims of a Customer or
claims for expenses incurred that arise from such defects shall be governed exclusively by clause 11. If
Safe Super Key has provided a Customer with the Product pursuant to a fully paid license for a specific
term, for one year after commencement of the License Term defects in the Product shall be rectified by
Safe Super Key within a reasonable period after notification of the defect.
The rectification of defects shall be effected, at Safe Super Key ’s choice, by way of repair or
substitute delivery, free of charge. If the defects cannot be corrected within a reasonable period or if
repair and substitute delivery fail for other reasons, then the Customer may, at its choice, reduce the
Fee paid to Safe Super Key pro rata or - if the defects are not immaterial - terminate the agreement.
Any damage claims of a Customer or claims for expenses incurred that arise from such defects shall be
governed exclusively by clause 11.
If Safe Super Key has provided a Customer with the Product pursuant to a fully paid license for a
specific term, for one year after commencement of the License Term defects in the Product shall be
rectified by Safe Super Key within a reasonable period after notification of the defect.
The rectification of defects shall be effected, at Safe Super Key ’s choice, by way of repair or
substitute delivery, free of charge.
If the defects cannot be corrected within a reasonable period or if repair and substitute delivery fail
for other reasons, then the Customer may, at its choice, reduce the Fee paid to Safe Super Key pro rata
or - if the defects are not immaterial - terminate the agreement.
Any damage claims of a Customer or claims for expenses incurred that arise from such defects shall be
governed exclusively by clause 11.
Safe Super Key has provided a Customer with the Product pursuant to a fully paid license for a specific
term, for one year after commencement of the License Term defects in the Product shall be rectified by
Safe Super Key within a reasonable period after notification of the defect.
The rectification of defects shall be effected, at Safe Super Key’s choice, by way of repair or
substitute delivery, free of charge.
The Customer is only entitled to terminate the agreement due to the failure to grant use in accordance
with the agreement if Safe Super Key has been given sufficient opportunity to rectify the defect and
such attempt has failed.
A repair or substitute delivery shall be viewed to have failed only if Safe Super Key has been given
sufficient opportunity to affect a repair or substitution without achieving the desired result or if the
repair or substitution was unjustifiably refused by Safe Super Key . If rectification of a defect in the
form of repair or subsequent delivery is only possible for Safe Super Key at unreasonable expenses,
Safe Super Key may refuse to rectify the defect and may afford the Customer to its right to rescind or
terminate the agreement.
No warranty is provided for Safe Super Key Freeware or other Products and/or Services provided by Super
Safe Key free of charge, except for the operability of the Computer Program hereinafter.
The same shall apply for Safe Super Key Shareware, as long as there is no agreement with the Customer
for the unconditional provision of a Software Key or Login No warranty is provided for Safe Super Key
Freeware or other Products and/or Services provided by Safe Super Key free of charge, except for the
operability of the Computer Program hereinafter. The same shall apply for Safe Super Key Shareware, as
long as there is no agreement with the Customer for the unconditional provision of a Software Key or
Login No warranty is provided for Safe Super Key Freeware or other Products and/or Services provided by
Safe Super Key free of charge, except for the operability of the Computer Program hereinafter.
The same shall apply for Safe Super Key Shareware, as long as there is no agreement with the Customer
for the unconditional provision of a Software Key or Login against payment. In no event shall any
Customer ever be entitled to access, or demand access to the source code for the Software and/or Managed
Services. The Customer shall notify Safe Super Key without undue delay if a third party asserts claims
against the Customer based on infringement of intellectual property rights by the Product and/or Managed
Services.
Should there be any such notification, whether in written documents or correspondence or in other form,
the Customer shall provide these to Safe Super Key without undue delay.
Safe Super Key liability for Customer losses due to such infringement is limited to the cost of the In
no event shall any Customer ever be entitled to access, or demand access to the source code for the
Software and/or Managed Services.
The Customer shall notify Safe Super Key without undue delay if a third party asserts claims against the
Customer based on infringement of intellectual property rights by the Product and/or Managed Services.
Should there be any such notification, whether in written documents or correspondence or in other form,
the Customer shall provide these to Safe Super Key without undue delay.
Safe Super Key liability for Customer losses due to such infringement is limited to the cost of the In
no event shall any Customer ever be entitled to access, or demand access to the source code for the
Software and/or Managed Services.
The Customer shall notify Safe Super Key without undue delay if a third party asserts claims against the
Customer based on infringement of intellectual property rights by the Product and/or Managed Services.
Should there be any such notification, whether in written documents or correspondence or in other form,
the Customer shall provide these to Safe Super Key without undue delay. Safe Super Key liability for
Customer losses due to such infringement is limited to the cost of the software or services provided by
Safe Super Key.
If the Customer is an Entrepreneur and the product of Safe Super Key is the subject of a perpetual
license, the Customer's warranty claims for defects of the product lapse after one year from the
commencement of the License Term.
Safe Super Key shall only be liable for any of the Customer's damages resulting from grossly negligent or
intentional behavior of Safe Super Key , and shall be limited to any amounts paid to Safe Super Key by
Customer during the twelve months immediately preceding the Customer's claim.
Retention of title, transfer by way of security Safe Super Key shall retain title in such Product(s) and
goods as parts of Services until full payment.
Should the Customer fail to pay, then Safe Super Key may demand return of the Product(s). The Terms
providing that the Customer acquires no title, including but not limited to the title stipulated in
clause 4 above, shall remain unaffected by this clause.
Should the Customer sell the Products and Services provided by Safe Super Key before the Customer has
itself paid the Fee to Safe Super Key , the Customer and Safe Super Key agree that the receivables from
the resale shall be assigned to Safe Super Key
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Safe Super Key Products and Services? Safe Super Key may
disclose the assignment or demand that the Customer notifies the debtor of such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Safe Super Key
request.
Should the Customer sell the Products and Services provided by Safe Super Key before the Customer has
itself paid the Fee to Safe Super Key , the Customer and Safe Super Key agree that the receivables from
the resale shall be assigned to Safe Super Key
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Safe Super Key Products and Services? Safe Super Key may
disclose the assignment or demand that the Customer notifies the debtor of such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Safe Super Key
request.
Should the Customer sell the Products and Services provided by Safe Super Key before the Customer has
itself paid the Fee to Safe Super Key , the Customer and Safe Super Key agree that the receivables from
the resale shall be assigned to Safe Super Key.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Safe Super Key Products and Services? Safe Super Key may
disclose the assignment or demand that the Customer notifies the debtor of such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Safe Super Key
request.
Should the Customer sell the Products and Services provided by Safe Super Key before the Customer has
itself paid the Fee to Safe Super Key , the Customer and Safe Super Key agree that the receivables from
the resale shall be assigned to Safe Super Key.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be Should the Customer sell the Products and Services provided by Safe Super Key
before the Customer has itself paid the Fee to Safe Super Key , the Customer and Safe Super Key agree
that the receivables from the resale shall be assigned to Safe Super Key
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Safe Super Key Products and Services? Safe Super Key may
disclose the assignment or demand that the Customer notifies the debtor of such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Safe Super Key
request.
Should the Customer sell the Products and Services provided by Safe Super Key before the Customer has
itself paid the Fee to Safe Super Key , the Customer and Safe Super Key agree that the receivables from
the resale shall be assigned to Safe Super Key.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Safe Super Key Products and Services? Safe Super Key may
disclose the assignment or demand that the Customer notifies the debtor of such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Safe Super Key
request.
Should the Customer sell the Products and Services provided by Safe Super Key before the Customer has
itself paid the Fee to Safe Super Key , the Customer and Safe Super Key agree that the receivables from
the resale shall be assigned to Safe Super Key.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Safe Super Key Products and Services? Safe Super Key may
disclose the assignment or demand that the Customer notifies the debtor of such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Safe Super Key
request.
Should the Customer sell the Products and Services provided by Safe Super Key before the Customer has
itself paid the Fee to Safe Super Key , the Customer and Safe Super Key agree that the receivables from
the resale shall be assigned to Safe Super Key.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Safe Super Key Products and Services? Safe Super Key may
disclose the assignment or demand that the Customer notifies the debtor of such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Safe Super Key
request.
Should the Customer sell the Products and Services provided by Safe Super Key before the Customer has
itself paid the Fee to Safe Super Key , the Customer and Safe Super Key agree that the receivables from
the resale shall be assigned to Safe Super Key.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Safe Super Key Products and Services? Safe Super Key may
disclose the assignment or demand that the Customer notifies the debtor of such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Safe Super Key
request.
Should the Customer sell the Products and Services provided by Safe Super Key before the Customer has
itself paid the Fee to Safe Super Key , the Customer and Safe Super Key agree that the receivables from
the resale shall be assigned to Safe Super Key.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Safe Super Key Products and Services? Safe Super Key may
disclose the assignment or demand that the Customer notifies the debtor of such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Safe Super Key
request.
Should the Customer sell the Products and Services provided by Safe Super Key before the Customer has
itself paid the Fee to Safe Super Key , the Customer and Safe Super Key agree that the receivables from
the resale shall be assigned to Safe Super Key.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Safe Super Key Products and Services? Safe Super Key may
disclose the assignment or demand that the Customer notifies the debtor of such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Safe Super Key
request.
Safe Super Key shall retain title in such Product(s) and goods as parts of Services until full payment.
Should the Customer fail to pay, then Safe Super Key may demand return of the Product(s).
The Terms providing that the Customer acquires no title, including but not limited to the title
stipulated in clause 4 above, shall remain unaffected by this clause.
Should the Customer sell the Products and Services provided by Safe Super Key before the Customer has
itself paid the Fee to Safe Super Key , the Customer and Safe Super Key agree that the receivables from
the resale shall be assigned to Safe Super Key.
Should the Products and Services be provided together with other items, the assignment of the
receivables shall be limited to the value of Safe Super Key Products and Services? Safe Super Key may
disclose the assignment or demand that the Customer notifies the debtor of such assignment.
The Customer shall formally assign the receivables if still necessary at any time at Safe Super Key
request.
Demand for return of Product by Safe Super Key shall not constitute grounds for rescission or
termination of the agreement unless Safe Super Key expressly advises the Customer thereof.
The Customer's license to use the Products and Services shall lapse upon demand for the return of the
Product by Safe Super Key . Any and all backup copies made by the Customer for its own use must be
returned to Safe Super Key or deleted by the Customer.
Should any provision of these Terms be or become invalid, ineffective or unenforceable, the remaining
provisions of these Terms shall be valid and enforceable.
Any necessary official permits for transports; purchase and use of the Products and Services in the
destination country are the Customer's responsibility and shall be paid for by Customer.