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Service- und Entwicklungszentrum für Lernmanagement-Moodle
Pädagogische Hochschule Oberösterreich
Huemerstraße 3-5
4020 Linz
AUSTRIA

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Digitale Bildungsgesellschaft
Liechtensteinstraße 25/DG
1090 Wien
AUSTRIA

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Terms of Use

Lastupdated: 18th June, 2016

Please read these Terms of Use carefully before using eduMessenger (App or Webservice) operated by Digitale Bildungsgesellschaft (referred to as "DIBIG")

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Links external Sources

Our Service may contain links to third­party web sites, contents or services that are not owned or controlled by DIBIG. DIBIG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites, contents or services. You further acknowledge and agree that DIBIG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third­party web sites or services that you visit.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Austria, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at office@dibig.at.

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End User Licence Agreement (EULA)

IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT

If not stated otherwise, this SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licensed, not sold. End User License Agreement This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Digitale Bildungsgesellschaft (referred to as DIBIG) with regard to the copyrighted Software (herein referred to as "SOFTWARE PRODUCT" or "SOFTWARE") provided with this EULA.

The SOFTWARE PRODUCT includes computer software, the associated media, any printed materials, and any "online" or electronic documentation. Use of any software and related documentation ("Software") provided to you by DIBIG in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, DIBIG is unwilling to license the SOFTWARE PRODUCT to you.

1. Eligible Licensees

This Software is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing. IF YOU DO NOT OWN THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.

2. License Grant

DIBIG grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software provided with this EULA. You agree you will not copy the Software except as necessary to use it on a single computer. You agree that you may not copy the written materials accompanying the Software. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software. You may not transfer this Software.

3. Copyright

The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of DIBIG and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by DIBIG or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

4. Reverse Engineering

You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to DIBIG.

5. Disclaimer of Warranty

The Software is provided "AS IS" without warranty of any kind. DIBIG and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither DIBIG nor its suppliers warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.

DIBIG IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.

6. Limitation of Liability

DIBIG's entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall DIBIG or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if DIBIG or its supplier has been advised of the possibility of such damages, or any claim by a third party. 7. Rental. You may not loan, rent, or lease the SOFTWARE.

8. Upgrades

If the SOFTWARE is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software program which you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one computer.

9. OEM Product Support

Product support for the SOFTWARE PRODUCT IS provided by DIBIG. For product support, please contact DIBIG. Should you have any questions concerning this, please refer to the address provided in the documentation.

10. No Liability for Consequential Damages

In no event shall DIBIG or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this "Your Company" product, even if DIBIG has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

11. Indemnification By You

If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend DIBIG and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the Software in violation of this Agreement.

Digitale Bildungsgesellschaft [DIBIG]
http://www.dibig.at
office@dibig.at
AUSTRIA

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We improved eduMessenger and provided a hot-upgrade for this app. It is advised perform the update as soon as possible. If you are in the middle of writing something, you can finish your work before.

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