General License and Usage Conditions of the Spacedesk Multimonitor Software for Android Viewer Devices
SPACEDESK is a multi-monitor application for virtual graphics adapters and screens (hereinafter: “Spacedesk Software“). To use the software, it is necessary to download the Spacedesk driver software (hereinafter: “Spacedesk-Driver“) and the Spacedesk app (hereinafter: “Spacedesk Viewer App“).
The Spacedesk driver can be downloaded free of charge from https://www.spacedesk.net/de/. The Spacedesk Viewer app can be downloaded free of charge from the Google Playstore and Amazon App Store.
The Spacedesk driver and the Spacedesk Viewer App can be used free of charge for non-commercial purposes (“Spacedesk Viewer App Non-Commercial“). Non-commercial use also includes the use of the Spacedesk software for academic purposes.
Commercial use of the software must be activated when downloading the Spacedesk Viewer App from the Google Playstore in the “Spacedesk Viewer App Business” app by paying the fee specified in Section 4 (in-app purchase). The activation permits use for commercial purposes to the extent regulated in Clause 5.
Commercial use of the software when downloading the Spacedesk Viewer app from the Amazon App Store is not permitted.
The use of the Spacedesk driver is only permitted with a properly licensed Spacedesk Viewer App.
1. Contracting Parties and Scope of Application
1.1. The following terms of use apply between
datronicsoft Technology GmbH
Pröllstr. 22
86157 Augsburg / Germany,
represented by its managing director Marcel Rüdinger (hereinafter: “Provider“), and the respective user who uses the Spacedesk software for commercial or non-commercial purposes (hereinafter: “User“). The Terms of Use govern the use of the Spacedesk driver and the Spacedesk Viewer App for private and commercial purposes. Unless otherwise specified, these provisions shall also apply to future versions (patches, updates and upgrades).
If special conditions for individual uses of the services offered via https://www.spacedesk.net deviate from the following services, this will be indicated at the appropriate place on the website. In each individual case, the special terms of use shall then apply in addition.
1.2. The following terms of use apply to the use of the Spacedesk software. The application of general terms and conditions of users or other contractual partners is excluded. Deviating, conflicting or supplementary general terms and conditions of users or other contractual partners shall only become part of the contract if and insofar as the provider has expressly agreed to their validity.
The following terms of use are subdivided as follows:
Part A: General provisions for all usage models
Part B: Special provisions for fee-based use
Part C: Special regulations for free use
Part A: General regulations for all usage models
2. Subject Matter of the Contract
2.1 SPACEDESK is a multi-monitor application for virtual graphics adapters and screens. To use the software, you need to download the Spacedesk driver and the Spacedesk app. The Spacedesk driver can be downloaded free of charge from https://www.spacedesk.net/de/ The Spacedesk Viewer app can be downloaded free of charge from the Google Playstore and Amazon App Store.
2.2 Google Playstore:
The provider provides a free (hereinafter: “Spacedesk Viewer App Non-Commercial“) and a paid (hereinafter: “Spacedesk Viewer Business“) option for using the Spacedesk software. The scope of use provided by the provider depends on the offer selected by the user. Details on the two models can be found in Section 6 et seq. and Section 12 et seq. of these Terms of Use.
2.3 Amazon App Store:
The provider permits the free use of the Spacedesk software for non-commercial purposes. In such cases, there is no entitlement to permanent use. The Provider reserves the right to terminate the free use of the Spacedesk software or to restrict and adapt the functional scope of the free version. (cf. Section 6)..
2.4 The use of the Spacedesk Viewer App requires agreement with the terms and conditions of the Google Playstore or Amazon App Store. By installing and using the Spacedesk Viewer App, the user agrees to the respective terms of use. If the user does not agree to the terms of use, the user is not permitted to install or use the Spacedesk Viewer App.
2.5 The Provider reserves the right to provide patches, updates and upgrades at its own discretion, unless it is obliged to do so under the warranty.
3. Rights of use
3.1. The Provider grants the User a non-exclusive, non-transferable right to use the Spacedesk software in accordance with paragraphs 2 and 3 of this Section 3.1 and Sections 3.2 and 3.3 and limited to the use of the Spacedesk software to the extent provided for in this Agreement. Sublicensing is not permitted. The user is only entitled to reproduce and decompile the software under the conditions of §§ 69d para. 3, 69e UrhG (German Copyright Act).
Spacedesk Viewer App Non-Commercial: For the non-commercial use of the Spacedesk software, the user is granted a right of use limited in time to the term of the contract in accordance with Clause 9. The right of use is limited to the non-commercial use of the Spacedesk software.
Spacedesk Viewer App Business: For the commercial use of the Spacedesk software, the user is granted an unlimited right to use the Spacedesk software after purchasing and activating the “Spacedesk Viewer App Business”. This also applies to the use of the Spacedesk driver in combination with the “Spacedesk Viewer App Business”. The use of the Spacedesk driver for commercial purposes is only permitted in combination with the “Spacedesk Viewer App Business”.
3.2. The purchaser shall not be entitled to lease, sublicense, reproduce by wire or wireless means, make publicly available or otherwise make the Spacedesk software available to third parties. Third parties in this sense do not include employees in the user’s business operations and persons employed by the user to ensure the intended use.
3.3. The use of the “Spacedesk Viewer App Business” is only permitted on the device on which the software was first activated for commercial use. However, it is possible to change the device using the in-app purchase function via the Google Playstore.
4. Choice of law and place of jurisdiction
4.1. These Terms of Use and the contractual relationship arising from the contract of use between the Provider and the User shall be governed by the law of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
4.2. If the contractual partner is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive, also international, place of jurisdiction for all disputes arising directly or indirectly from the contract of use, including these Terms of Use, shall be Augsburg.
4.3. If the user was domiciled or habitually resident in Germany when the contract was concluded and has either moved out of Germany at the time the provider brings an action or his domicile or habitual residence is unknown at this time, the place of jurisdiction for all disputes shall be the registered office of the company in Augsburg.
5. Final provisions
5.1. Amendments and supplements to this contract must be made in writing. This also applies to the waiver of this written form requirement.
5.2. Other terms and conditions of the parties shall not apply to this contract. This shall also apply even if such terms and conditions are not expressly contradicted.
5.3. Should any provision of these Terms of Use be invalid in whole or in part, this shall not affect the legal validity of the remaining provisions. In this case, the parties hereby agree that the invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any loopholes in the agreement.
Part B: Special provisions for free use (Spacedesk Non-Commercial)
6. Subject Matter of the Contract
6.1. The provider permits the free use of the Spacedesk software for non-commercial purposes (“Spacedesk Viewer App Non-Commercial” and “Spacedesk Driver”).
6.2. In these cases, there is no entitlement to permanent use. The provider reserves the right to terminate the free use of the Spacedesk software or to restrict and adapt the functional scope of the free version. (cf. Section 9).
7. Conclusion of contract
7.1. With the free download of the Spacedesk Viewer App or the Spacedesk Driver by the user, a contract is concluded between the provider and the user, which allows the user to use the software for non-commercial purposes.
7.2. The use of the app requires agreement with the terms and conditions of the Google Playstore or the Amazon App Store. By installing and using the Spacedesk Viewer App, the user agrees to the respective terms of use. If the user does not agree to the terms of use, the user is not permitted to install or use the app.
8. Fee for use
The use of the “Spacedesk Viewer App Non-Commercial” is free of charge.
9. Term and Termination of the Contract
9.1. Der Vertrag endet automatisch mit dem im Spacedesk-Treiber angezeigten Ablaufdatum, ohne dass es einer gesonderten Kündigung bedarf. Das Ablaufdatum des Spacedesk Treibers wird in der „Spacedesk Driver Console“ angezeigt.
9.2. Nach Ablauf der Vertragslaufzeit…
(1) … oder
(2) ….
10. Warranty
The provider shall only be liable for defects in the event of fraudulent concealment of a defect in the law or fraudulent concealment of a defect in the Spacedesk software provided.
11. Liability
11.1. Unless otherwise stated in these Terms of Use, including the following provisions, the Provider shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.
11.2. The Provider shall be liable for damages – irrespective of the legal grounds – within the scope of fault-based liability in the event of intent and gross negligence. In the event of simple negligence, the Provider shall only be liable, subject to statutory limitations of liability (e.g. care in its own affairs, insignificant breach of duty), for
(1) for damages resulting from injury to life, body or health,
(2) for damages arising from the breach of an essential contractual obligation (obligation whose fulfillment makes the proper execution of the contract possible at all and on whose compliance the contractual partner regularly relies and may rely;) in this case, however, the liability of the provider is limited to compensation for the foreseeable, typically occurring damage.
Part C: Special regulations for paid usage (Spacedesk Business)
12. Subject Matter of the Contract
12.1. The commercial use of the Spacedesk software requires the activation of the “Spacedesk Viewer App Business” downloaded from the Google Playstore in the Spacedesk app (in-app purchase).
12.2. Commercial use of the Spacedesk driver is only permitted in combination with the fee-based “Spacedesk Viewer App Business”. The user has full access to the functions of the Spacedesk software..
13. Conclusion of contract
13.1. By activating the “Spacedesk Viewer App Business” in the Spacedesk Viewer App for a fee, a contract is concluded that permits the commercial use of the Spacedesk software.
13.2. The contract is concluded when the user clicks on “Agree” in the “Review and agree” window in the in-app purchase function of Google Play and then initiates payment by clicking on “1 tap-buy”.
14. Fee for Use
The use of the “Spacedesk Viewer App Business” is subject to a charge. The current prices are displayed in the Spacedesk app before the booking process. Payment is made via the Google Play Store.
15. Cancellation Policy
Cancellation policy for the conclusion of contracts with consumers in accordance with Section 13 BGB
Right of revocation
The contractual partner has the right to withdraw from this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise the right of revocation, the contractual partner must inform datronicsoft Technology GmbH (Pröllstr. 22, 86157 Augsburg, add e-mail) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of his decision to revoke this contract. The contractual partner may use this sample withdrawal form (insert link), but this is not mandatory.
Consequences of revocation
If the Contractual Partner withdraws from this contract, SPACEDESK shall reimburse all payments received from the Contractual Partner, including delivery costs (with the exception of additional costs resulting from the fact that the Contractual Partner has chosen a type of delivery other than the cheapest standard delivery offered by SPACEDESK), immediately and at the latest within fourteen days from the day on which SPACEDESK receives notification of the Contractual Partner’s withdrawal from this contract. For the repayment, SPACEDESK shall use the same means of payment that the contracting party used for the original transaction, unless expressly agreed otherwise with the contracting party; in no case shall the contracting party be charged any fees for this repayment. If the Authorized User has requested that the services commence during the withdrawal period, he/she shall pay SPACEDESK a reasonable amount corresponding to the proportion of the services already provided by the time he/she notifies us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
16. Warranty
16.1. When purchasing and activating the fee-based Spacedesk Business, SPACEDESK warrants that the software has the agreed quality and that the use by the purchaser to the contractually agreed extent in the country of purchase of the app does not conflict with any third-party rights. SPACEDESK shall not be liable for deviations from the agreed quality and conflicting rights that are based on use contrary to the contract or unauthorized modifications by the Purchaser or third parties.
16.2. SPACEDESK shall have the right to choose whether to remedy the defect by way of rectification or subsequent delivery. This shall apply accordingly to defects of title. SPACEDESK shall also be deemed to have remedied the defect if it provides temporary solutions, provided that these remedy the defect. The same shall apply if the defect can be circumvented by using the software in a different way, provided that you can still reasonably use the software. The user is obliged to accept a new version of the app (update/upgrade) if the contractual scope of functions is retained and the acceptance does not lead to significant disadvantages for the user. The rectification includes, if necessary, the adaptation of the user documentation.
16.3. The user may withdraw from this contract after two unsuccessful attempts at subsequent performance or demand a reduction in the purchase price and compensation in accordance with the statutory provisions. The prerequisite for this is that the user has unsuccessfully requested the provider in writing to remedy the defect within a reasonable period of time after the second failed attempt at subsequent performance and has pointed out that he will otherwise exercise his statutory warranty rights.
16.4. If the buyer is not a consumer within the meaning of § 13 BGB, the limitation period for warranty claims, with the exception of warranty claims for damages, is 12 months. The limitation period for all claims for damages of the buyer, even if he is a consumer within the meaning of § 13 BGB, is also 12 months, with the exception of claims for intentional or grossly negligent behavior, claims for damage to life, body and health and under the Product Liability Act.
17. Liability
17.1. Unless otherwise stated in these Terms of Use, including the following provisions, the Provider shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.
17.2. The provider shall be liable for damages – irrespective of the legal grounds – within the scope of fault-based liability in cases of intent and gross negligence. In the event of simple negligence, the provider shall only be liable, subject to statutory limitations of liability (e.g. care in its own affairs, insignificant breach of duty), for
(1) for damages resulting from injury to life, limb or health,
(2) for damages arising from the breach of an essential contractual obligation (obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely;) in this case, however, the liability of the provider is limited to compensation for the foreseeable, typically occurring damage.