Please read this License Agreement carefully before purchasing a software product of “EarlyNerds Danny Wernicke”. Confirmation of this license is mandatory for installation of the software. This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and EarlyNerds software product(s) which may include associated software components, media, printed materials, and “online” or electronic documentation. By installing, copying, or otherwise using the software product, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and EarlyNerds, (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the software.

The software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software product is licensed, not sold.

Grant of License

The software is licensed as follows:

Installation and Use

Purchase of TeacherStudio in App Stores

EarlyNerds grants you the right to install and use copies of the software via a supported App Store (Microsoft Store, Google Play Store und Apple App Store) on your devices running a validly licensed copy of the software on operating systems for which the software was designed. Software licenses between different App Store providers are not transferred or valid on different App Stores. The rules and license agreements of the App Stores apply. An installation outside of an App Store is not allowed or supported.

Purchase of TeacherStudio+ subscription

EarlyNerds grants you the right, to install the software on as many devices with supported operating systems via the supported App Stores (Microsoft Store, Google Play Store und Apple App Store). The software may be used on 3 devices at the same time.

When you purchase the subscription authorize us and our third-party payment processor to charge you. We may ask you to supply additional information relevant to your transaction, including, without limitation, your credit card number, the expiration date of your credit card, and your address(es) for billing. You warrant that you have the legal right to initiate the payment via your chose payment method. When you initiate a transaction, you authorize us to provide your payment information to our third-party payment processer so we can complete your transaction and to charge your payment method. You may need to provide additional information to verify your identity before completing the transaction.

If you purchase a subscription, you will be charged the then-applicable Subscription fee at the beginning of your Subscription and each year thereafter.

By agreeing to these Terms and purchasing a subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or EarlyNerds. We (or our third-party payment processor) will automatically charge you in accordance with the terms of your subscription (e.g., each year) using the Payment Information you have provided. Your subscription continues until canceled by you or we terminate your access to or use of the Services or the Subscription in accordance with these Terms. There will be no downgrade refunds (see Return/Refund policy).

Backups

You may also make copies of the Software as may be necessary for backup and archival purposes.

Updates

This software is updated automatically to provide the best user experience possible. An update can introduce new functionality as well as change or remove existing functionality.

Description of other Rights and Limitations

Maintenance of Copyright Notices

You must not remove or alter any copyright notices on any and all copies of the software.

Distribution

You may not distribute registered copies of the software to third parties. Evaluation versions available for download from EarlyNerds websites may be freely distributed.

Prohibition on Reverse Engineering, Decompilation, and Disassembly

You may not reverse engineer, decompile, or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Rental

You may not rent, lease, or lend the software.

Support

EarlyNerds may provide you with support services related to the software (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the software product and subject to the terms and conditions of this EULA.

Compliance with Applicable Laws

You must comply with all applicable laws regarding use of the software.

Termination

Without prejudice to any other rights, EarlyNerds may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the software in your possession.

Return/Refund policy

The software is „digital content“. As such the execution of the contract starts before expiration of the cancellation period. This means when purchasing the software, you waive the right of withdrawal (see).

Purchase of TeacherStudio in App Stores

Since the App Store provider is acting as the seller of the software its refund policies apply.

Purchase of TeacherStudio+ subscription

The subscription fee is billed in advance on a yearly basis. There will be no downgrade refunds.

All of TeacherStudios features can be used and tested with 2 courses. There is no legal claim for refunds or returns. In individual cases EarlyNerds may issue a refund out of goodwill.

Copyright

All titles, including but not limited to copyrights, in and to the software and any copies thereof are owned by EarlyNerds or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the software product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by EarlyNerds.

No Warranties

EarlyNerds expressly disclaims any warranty for the software product. The software is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. EarlyNerds does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the software. EarlyNerds makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. EarlyNerds further expressly disclaims any warranty or representation to Authorized Users or to any third party.

Limitation of Liability

In no event shall EarlyNerds be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the software product, even if EarlyNerds has been advised of the possibility of such damages. In no event will EarlyNerds be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. EarlyNerds shall have no liability with respect to the content of the software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.