TERMS OF USE

Effective Date: 2024-03-12

Introduction

This Terms of Use ("Agreement") establishes a legally binding contract between you ("Licensee") and Accelerate Office GmbH ("Accelerate") concerning the Accelerate software product governed by this Agreement. This includes any versions delivered to the Licensee following an additional order, as well as all related media, printed materials, and online documentation (collectively referred to as the "Software"). By installing, copying, downloading, accessing, or otherwise utilizing the Software, you, the Licensee, agree to follow the stipulations of this Agreement. If you do not accept the terms herein, Accelerate is not willing to license the Software to you. In such an event, you should refrain from installing, accessing, or using the Software and must delete any copies of the Software from your devices or network.

Terms

"Software" - Refers to the Accelerate Office GmbH software product, including any versions supplied after an additional order, along with all related media, printed materials, and online documentation. It encompasses both the initial product and any updates, upgrades, modified versions, additions, and copies thereof provided to you.

"Use" or "Using" - Involves accessing, installing, downloading, copying, or otherwise engaging with the Software's functionality in accordance with the Documentation. This term should cover the broad spectrum of ways the licensee might interact with the software.

"Licensee" - Denotes the individual or entity that has been granted the license to use the Software under this Agreement. This term typically refers to the end user or customer.

"Licensor" - Refers to Accelerate Office GmbH, the entity that owns the Software and grants the license for its use to the Licensee under the terms of this Agreement.

"Documentation" - Consists of the related explanatory written materials or files provided with the Software, which may include instructions, guidelines for use, and other information pertinent to the Software.

"Host Application" - Any software platform or system within which the Software is designed to operate or with which it is intended to be used. This term ensures clarity on where and how the Software can be utilized.

"System" - Refers to the hardware and software environment in which the Software is installed and used. This may include operating systems (such as Windows OS, GNU/Linux, Mac OS X), hardware configurations, and any virtual machines.

"Updates" - Includes upgrades, modified versions, updates, additions, and copies of the Software licensed to you by Accelerate Office GmbH. This term clarifies that any future changes or enhancements to the Software are covered under the terms of this Agreement.

"Intellectual Property Rights" - Encompasses all copyrights, trademarks, patents, trade secrets, and any other proprietary rights associated with the Software and Documentation

General Use

You are granted a non-exclusive, non-transferable license to use the downloaded Software within a specified Host Application, either during the Software’s trial period or for the duration of the subscription you have purchased. The provision of the Software without a licensing fee does not imply unrestricted usage; the Software is still subject to the conditions outlined in this Agreement.

The Licensee is authorized to install and use the Software across multiple systems within a Host Application for any lawful personal or commercial purposes. If the Software requires a license fee for continued use beyond any initial evaluation period, such fees are due for each individual user of the Software. The Software may be reproduced and shared, provided that the original copyright notice and disclaimer of warranty remain intact, and the Licensee does not charge money or fees for the Software product, except as necessary to cover distribution costs.

The Licensee will not obtain any ownership rights in the Software. By accepting this license, the Licensee acknowledges and agrees that Accelerate retains all copyrights and other proprietary rights in the Software.

Intellectual Property Rights

Under this License, no intellectual property rights in the Software are transferred. The Software, along with any authorized copies made by the Licensee, remains the intellectual property of and is owned by Accelerate Office GmbH. The Software is safeguarded by copyright laws, including but not limited to Copyright Law and international treaty provisions. All copies made by the Licensee under this Agreement are required to bear the same copyright and proprietary notices found on or within the Software.

The architecture, organization, and code of the Software constitute valuable trade secrets and confidential information belonging to Accelerate Office GmbH. The Licensee is prohibited from decompiling, disassembling, or otherwise trying to uncover the source code of the Software. Unauthorized efforts to reverse-engineer, replicate, modify, or change the Software or its installation program are strictly forbidden without explicit approval from Accelerate Office GmbH.

The Licensee may only use information provided by Accelerate Office GmbH or acquired under this Agreement for the intended purpose outlined here, and such information may not be disclosed to any third party or utilized to create software significantly similar to the Software's structure.

Trademark use must adhere to accepted practices, including the identification of the trademark owners' names. Trademarks associated with the Software may only be employed to designate printed materials generated by the Software, and this does not grant the Licensee any ownership rights in the trademarks.

Limitation of liability

To the fullest extent permitted by law, Accelerate Office GmbH shall not be liable to the licensee for any direct, indirect, incidental, special, consequential, or punitive damages whatsoever, including but not limited to loss of profits, business interruption, loss of information, or any other financial loss arising out of or in connection with the licensee’s access to, use of, or inability to use the software, regardless of whether Accelerate Office GmbH has been advised of the possibility of such damages. This exclusion applies regardless of the legal theory on which the claim is based, whether in contract, tort (including negligence), or otherwise.

The licensee acknowledges that Accelerate Office GmbH has made no promises, representations, warranties, or undertakings to any entity on the licensee’s behalf regarding the profitability or any other outcome or benefit that may arise from the licensee’s acquisition and use of the software. The licensee has relied on its expertise and judgment in deciding to acquire the software. In jurisdictions where the law does not allow for a complete exclusion of damages, the licensee agrees that any damages awarded shall be limited to the nominal amount of one Swiss franc (CHF). Nothing contained herein shall be interpreted as an attempt to limit or exclude liability beyond what is permitted by applicable law.

Disclaimer

The licensee acknowledges that Accelerate Office GmbH has not made any express warranties concerning the software and that the software is provided to the licensee "as is" without any kind of warranty. Accelerate Office GmbH disclaims all warranties related to the software, whether express or implied, including, but not limited to, any implied warranties of fitness for a particular purpose, merchantability, or non-infringement of third-party rights.

Your use of the software is at your own risk. The software is offered on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Accelerate Office GmbH, its subsidiaries, affiliates, and licensors do not guarantee that the software will operate without interruption or be error-free, that defects will be corrected, that the software is free of viruses or other harmful components, or that the use of the software will meet your requirements.

Changes to Terms of Use

We are committed to continuously reviewing and updating our Terms of Use to reflect changes in our practices, advancements in technology, and evolving legal standards. Therefore, this policy may be updated from time to time. The most current version of our Terms of Use will always be accessible through our dedicated link: https://accelerate-excel.com/terms-of-use.