Revised as per January 01 2023
1. Ability to Accept the Agreement
2. Use of the Software Development Kemper Services
You acknowledge that (a) the Software Development Kemper Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Software Development Kemper, or its licensors where applicable, owns all right, title and interest in and to the Software Development Kemper Services and software provided through or in conjunction with the Software Development Kemper Services, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Subject to the terms and conditions contained herein, we hereby grants you a personal, limited non-exclusive, non-transferable license (without any rights to sub-license) to use, access and download the Software Development Kemper Services, provided that: (i) your use of the Software Development Kemper Services as permitted is solely for your personal, non-commercial use; (ii) with the exception of your User Content (as defined below), you will not use, copy, modify, sell, distribute, publicly display, transmit, revise, reverse engineer, upload, republish, post or create derivative works (where applicable) of the trade-marks, trade names, service marks, logos, information, software or other material or content or any part of the Software Development Kemper Services (collectively, the ‘Content’) without Software Development Kemper’s prior written authorization; (iii) you will not alter or modify any of the Content other than as may be reasonably necessary to use the Software Development Kemper Services for its intended purpose; and (iv) you otherwise comply with the terms and conditions of the Agreement.
4. Other Restriction Regarding the Use of the Software Development Kemper Services
You agree to comply with all local laws and regulations regarding the use, download and/or installation of the Software Development Kemper Services.
You agree not to use or launch any automated system, including without limitation, ‘data mining’, ‘robots,’ ’spiders,’ ‘offline readers,’ and similar data gathering or extraction methods. Notwithstanding the foregoing, we grants the operators of public search engines permission to use spiders to copy Content for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content. We reserve the right to revoke these exceptions either generally or in specific cases.
You agree not to upload, post, transmit, share, store or otherwise make publicly available on the Software Development Kemper Services any private information of any third party, including, addresses, phone numbers, email addresses, and credit card numbers. You also agree not to upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications.
You agree not to collect or harvest any personally identifiable information, including account names, email addresses, or any other contact information, whether to privacy laws or not, from the Software Development Kemper Services, nor to use the communication systems provided by the Software Development Kemper Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Software Development Kemper Services with respect to User Content (as defined below).
You agree not to use the Software Development Kemper Services to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; equipment; to intimidate or harass another; or to use or attempt to use another’s account, service or system without authorization from Software Development Kemper, or create a false identity on the Software Development Kemper Services.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Software Development Kemper Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material. Software Development Kemper reserves the right to decide whether User Content (as defined below) is appropriate and complies with this Agreement for violations of third party intellectual property rights, intellectual property law and other violations, including, without limitation pornography, obscene or defamatory material. Software Development Kemper reserves the right, in its sole discretion, at any time and from time to time, to remove any User Content and/or terminate a User’s access for any such violations or other violations of this Agreement, without prior notice. Software Development Kemper does not endorse any User Content or any opinion, recommendation, or advice expressed therein.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Software Development Kemper Services (“Submissions”), provided by you to Software Development Kemper are non-confidential and shall become the sole property of Software Development Kemper. Software Development Kemper shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
5. Third Party Sites, Content and Advertising
The Software Development Kemper Services contain (or you may be sent through the Software Development Kemper Services) links and hyperlinks to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items made by, belonging to or originating from third parties (the “Third Party Applications, Software or Content”). The Software Development Kemper Services also contains advertising from third parties (the “Third Party Advertising”). Such Third Party Sites, Third Party Applications, Software or Content or Third Party Advertising are not investigated, endorsed, monitored or checked for accuracy, appropriateness, or completeness by us and we are not responsible for any Third Party Sites accessed through the Software Development Kemper Services or any Third Party Applications, Software or Content or any Third Party Advertising posted on, made available through or installed from the Software Development Kemper Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites, the Third Party Applications, Software or Content or the Third Party Advertising.
We are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by third parties. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Software Development Kemper Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Software Development Kemper Services or relating to any applications you use or install from a Third Party Site.
6. Share Service
7. User Disputes
8. Refunds for Purchases and Subscriptions
Purchases are final and non-refundable unless your service offer or applicable law says you’re eligible for a refund. Refunds are generally not available for digital content that you have downloaded.
When you want to end a paid subscription, you could qualify for a refund. To see if you’re qualified for a refund, contact Software Development Kemper Customer Support (firstname.lastname@example.org).
You agree to hold harmless and indemnify Software Development Kemper and its subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees from and against any claim, suit or action, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature, arising from or in any way related to your use of the Software Development Kemper Services, any Content, any User Content, any Third Party Applications, Software or Content, any Third Party Advertising and any other conduct by you in connection with the Software Development Kemper Services or with other users of the Software Development Kemper Services or any violation by you of this Agreement or of any law or the rights of any third party.
10. Disclaimer of Warranties
You expressly understand and agree that:
Your use of the Software Development Kemper Services is at your sole risk. The Software Development Kemper Services are provided on an “as-is” basis and without warranty of any kind. To the maximum extent permitted by law, Software Development Kemper expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Software Development Kemper makes no warranty that the Software Development Kemper Services will meet your requirements,
that the Software Development Kemper Services will be error-free or bug-free, regarding the security, reliability, timeliness, availability or performance of the Software Development Kemper Services, that the Software Development Kemper Services or the Content will be available without change of any and all content, software and other items used or contained in any of the Software Development Kemper Services and any of the Content, and that any errors in the Software Development Kemper Services will be corrected.
Any content or material downloaded or otherwise obtained through the use of the Software Development Kemper Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such content or material.
None of the Software Development Kemper Services is intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the software could lead to death, personal injury, or severe physical or environmental damage.
No advice or information, whether oral or written, obtained by you from Software Development Kemper or any third party or through the software shall create any warranty not expressly stated in these terms and conditions.
11. Limitation of Liability
You expressly understand and agree that Software Development Kemper shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Software Development Kemper has been advised of the possibility of such damages) resulting from:
the use or the inability to use the Software Development Kemper Services, the Content or the User Content, the inability to use or access the Software Development Kemper Services, the Content or the User Content or other content/data, the cost of procurement of substitute goods or services, unauthorized access to or alteration of User Content, or any other matter relating to the Software Development Kemper Services, the Content or the User Content. the foregoing limitations shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
12. Exclusions and Limitations
Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in Sections 10 and 11 which are lawful in your jurisdiction will apply to you and Software Development Kemper’s liability will be limited to the maximum extent permitted by law.
Software Development Kemper may, in its sole discretion, from time to time and at any time, change, modify, suspend or terminate the Software Development Kemper Services, your membership, or any other services included on or through the Software Development Kemper Services for any reason and without notice.
14. No Third Party Beneficiaries
15. Miscellaneous Provisions
Choice of Law and Forum. These Terms and Conditions and the relationship between you and Software Development Kemper shall be governed by the laws of Germany without regard to its conflict of law provisions. You and Software Development Kemper agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Moenchengladbach, Germany. Nothing in this agreement shall prevent Software Development Kemper from seeking injunctive remedies (or any other available and equivalent remedies) in any jurisdiction, and you hereby agree to this.