General License and Usage Conditions of the Spacedesk Multimonitor software for Windows and IOS 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 Microsoft Store and Apple 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 when downloading the Spacedesk Viewer App is also permitted for commercial purposes on a transitional basis as long as an in-app purchase function (“in-app purchase”) for the purchase of the paid “Spacedesk Viewer App Business” is not yet possible.
The use of the Spacedesk driver is only permitted with a properly licensed Spacedesk Viewer App.
1. Contracting Parties and Scope of Application
datronicsoft Technology GmbH
86157 Augsburg / Germany,
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 Microsoft Store and the Apple App Store.
2.2 The Provider shall initially only provide a free (hereinafter: “Spacedesk Viewer App Non-Commercial”) option to use the Spacedesk software..
2.4 The provider permits the free use of the Spacedesk software for non-commercial purposes. While an in-app purchase function (in-app purchase) is not yet possible, the use of the “Spacedesk Viewer App Non-Commercial” is also permitted for commercial purposes on a transitional basis.
2.5 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 6).
2.6 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. Conclusion of contract
3.1. 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 commercial and non-commercial purposes.
4. Rights of use
4.1 The Provider grants the User a non-exclusive, non-transferable right of use limited in terms of content in accordance with paragraphs 2 and 3 of this Section 4.1 and Section 4.2 and for the use of the Spacedesk software to the extent regulated 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)
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 Section 6. While an in-app purchase function (“in-app purchase”) is not yet possible for the purchase of the “SpacedeskViewer App Business”, the use of the “Spacedesk Viewer App Non-Commercial” is also permitted for commercial purposes on a transitional basis.
4.2. The purchaser is not entitled to rent, 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.
5. Fee for Use
Use of the “Spacedesk Viewer App” is free of charge.
6. Term and termination of the contract
The contract ends automatically on the expiration date displayed in the Spacedesk driver, without the need for separate termination. The expiration date of the Spacedesk driver is displayed in the “Spacedesk Driver Console”.
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.
8.2. 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.
9. Choice of law and place of jurisdiction
9.3. 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.
10. Final provisions
10.1. Amendments and supplements to this contract must be made in writing. This also applies to the waiver of this written form requirement.
10.2. 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.