Terms and Conditions
DES products and software
These Terms of Service apply when you access, use or visit our websites located at https://www.dorneger.at, https://www.dorneger.com, https://www.jddev0.me, https://www.jddev0.at, and https://www.jddev0.com, software, and services provided trough or are connected with the site and any other software developed by Dorneger Electronic Systems e.U. (Firmenbuchnummer [company register number]: FN 592217h, Firmenbuchgericht [company register court]: Regional court for civil cases Graz, Firmensitz [Company seat]: Lebring-Sankt Margarethen, located at Parkring 6, 8403 Lebring-St.Margarethen, Austria, its subsidiaries and affiliates (hereafter collectively referred to as “us”, “we”, “our”, “the Company”, “DES”, or “developer”) (the websites, software, and these services hereafter referred to as “websites”, “products”, “software” or “services”). Open source software developed by DES which is explicitly licensed otherwise (e.g. MIT license) are not regulated by these Terms of Service. These Terms of Service (“ToS”) constitute a legal agreement between the user of our products and services (“user” or “you”) and the the Company. It applies when a user accesses, uses, or visits our websites or services.
1. Consent
By visiting our websites, downloading our software, or otherwise using our services, you indicate your agreement to be bound by these ToS. If you do not agree with these ToS, you must not use our websites or services, and uninstall the software if you have already downloaded them.
2. Privacy Policy
Our Privacy Policy, located at https://www.dorneger.at/privacy-policy, is part of, and governed by these ToS. By agreeing to these ToS, you agree to be bound by the terms of the Privacy Policy.
3. Updates to these ToS
We reserve the right to amend these ToS at any time without notice. If you do not agree with the latest version of these ToS at the time of the usage of our website or services, you should discontinue your use of our website and/or services and uninstall our software. If you continue using our websites and/or services after the new terms take effect, you will be bound by the modified ToS.
4. License
Our products and services are licensed, not sold. No title or ownership of that software is being transferred or assigned. These ToS shall not be interpreted as a sale of any rights of those services and products. We retains all right, title, and interest to those products, but not limited to, all copyrights, trademarks, trade secrets, trade name, proprietary rights, source code and its parts, art assets or normal rights. Subject to the provisions of these Terms of Services, you are granted a non-exclusive, non-transferable, limited, and revocable right and license to use the purchased or downloaded copy of our software for your personal, non-commercial use. Your license rights are subject to your compliance with these ToS. The term of your license under these Terms of Services shall commence on the date that you install or otherwise use our software or any other connected services or products and ends on the date you uninstall or otherwise dispose of our products. You may use DES products for your own personal use.
5. Intellectual Property Rights
All the content in those products are owned by DES. This also includes the user provided content that becomes part of our software (e.g. translations). If you distribute or otherwise publish your derivative work or modifications of the source code or/and art assets, you automatically grant to DES the irrevocable, perpetual, royalty free, sublicensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the modifications and/or derivative works (or any part of them) in any way DES considers appropriate. You also waive and agree never to assert against DES or its affiliates, distributors or licensors any moral rights or similar rights, that you may have in respect of such modifications and/or derivative works. DES products are not free software, copy-left or public domain software. The source code and all art assets are copyrighted and licensed by DES and any use of them is subject to the rules stated in these Terms of Services or, if applicable, an express consent of DES. You are not allowed to copy, transfer, or distribute DES products, there hacked or otherwise altered versions, any of there parts or any of the paid content. Distribution of the original art assets such as models, fonts or textures is not permitted, unless it is necessary to create your own mods in accordance with the previous paragraphs. Any commercial use of DES product source code, art assets, or other affiliated assets is subject to express consent of DES. This does not affect the social media policy set out below. For DES products with the possibility to use 3rd party back-end services, you can run and operate a commercial service providing servers to users. However we reserve the right to request the cessation of the service should an issue with the service provider arise.
6. Payments, paid content
You get access to some of our products by installing it free of charge, buying the software once, or renting the software for a certain amount of time (Payment type and or access times for rented software will be shown in those products). Our products (even free of charge products) can contain in-app purchases which unlock additional content, which unlock cosmetic content, or which boost your progress. Content and prices of our products are subject to change in the future. We reserve the right to change the prices and modify any content when we fell it is beneficial for the future development of that software or other DES products.
7. Purchase and refunds
Refunds depend on the platforms used to distribute DES products (This might differ for particular products).
8. Online stores and distribution services
If a DES product is provided through an authorized external online store or other authorized distribution service, these Terms of Services and such provision of the software is subject to the additional terms and conditions adopted by particular online store or distribution service. All such applicable terms and conditions are part of these Terms of Services by this referenced and in case of collision with these Terms of Services such applicable terms and conditions shall prevail.
9. Ads and product placements
DES products (mostly free of charge products) might contain ads or product placements which are clearly marked as such. Those ads and product placements help us to improve your experience with DES products. Some DES products offer ways to remove ads (e.g. renting or buying a premium membership for particular products). Ads may not be disabled otherwise except the product has no intended way to disable ads. If you disable ads anyway you might harm the improvement of the software you are using.
10. Social media policy
If you are a valid user of our software, you may use our content for the purpose of creating social media content (such as tutorials, reviews, etc.), uploading them on social media platforms (such as YouTube) and monetize those. You are not allowed to extract assets from our content and distribute those separately (e.g. sound effects, graphics, music). We reserve the right to revoke this permission if the social media content is being used in a way we see as inappropriate, and reserve the right to takedown such content.
11. Warranty Disclaimer
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL Materials, CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH our services ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING the Service, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY our services, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF our services. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN these ToS. YOU AGREE THAT YOUR USE OF The Service WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH the Service AND YOUR USE THEREOF.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF our services’ CONTENT, THE CONTENT OF ANY SITE LINKED TO our services, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON our services OR LINKED TO BY our Services. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF the SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM our services, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH our services BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA our Services.
12. Limitation on Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF the Service, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN these ToS, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH these ToS, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
13. Miscellaneous
The materials appearing in those products or on the official DES website may include technical or typographical errors. We don't warrant that any of the materials are complete, accurate, or up to date. Any kind of abusive or clearly inappropriate behavior with regard to services with user generated content we run is a violation of these Terms of Services. Any legal disputes arising in connection with application of these Terms of Services shall be resolved in accordance with the law of Austria and will be resolved by the competent courts of Austria. Each provision of these Terms of Services operates separately. In the case that any provision of these Terms of Services has been invalid or unenforceable for any reason, this fact does not cause invalidity or ineffectiveness of other parts of the Terms of Services.
14. How to contact us
If you have any questions or comments, feel free to contact us at office [at] dorneger.at.