Tunngle End User Licence Agreement

End User License Agreement between Tunngle.net GmbH and the User (“Licensee”)

1. Notice for the Licensee
2. License
3. Owner of rights
4. Term of contract
5. Liability and warranty
6. Notices regarding drivers
7. Final provisions

1. Notice for the Licensee
◦ 1.1 Please read the following Licensing Agreement carefully. Upon installation of the software, you expressly agree that you are bound by the provisions of this End User License Agreement (hereinafter “Agreement”). You may not use the software if you do not agree with the following provisions.
◦ 1.2 Tunngle.net GmbH makes this software available to you free of charge so that you can use the services offered on the Tunngle.net website. Tunngle.net GmbH can only perform limited quality checks on this free software. For this reason Tunngle.net GmbH provides the software as supplied. We do not offer any maintenance or any technical support.
2. License
◦ 2.1 Tunngle.net GmbH grants you, as a natural person, this free software on condition that you accept the conditions of this Agreement.
◦ 2.2 This document constitutes a legal and practicable contract between you and Tunngel.net GmbH. Before you click on the button “I accept the licensing agreement” or “Next”, or agree to continue with the installation in any other manner, please read the provisions and conditions of this Agreement. If you do not agree with the provisions and conditions, Tunngle.net GmbH shall not be willing to grant you a license for this software. In such a case, click on the button “Cancel” or a similar button. Do not install or use the software. By clicking on the button “I accept the licensing agreement” or a similar button, and by installing the software, you agree to adhere to these provisions and conditions.
◦ 2.3 The software supplied with this license is Tunngle.net GmbH’s property. Tunngle.net GmbH shall retain all ownership rights regarding the software. If you agree with the provisions of this license, you shall merely be granted restricted rights regarding the use of this software. You have the following rights and obligations.
▪ 2.3.1 You are entitled:
▪ 2.3.1.1 To run the software solely for private use. Any commercial use is prohibited unless Tunngle.net GmbH has approved commercial use in writing.
▪ 2.3.1.2 You may copy the software in full to gratuitously forward it to third parties by way of retaining the brand, logo and copyright notice and with reference to this Licensing Agreement.
▪ 2.3.1.3 Furthermore, you may make security copies.
▪ 2.3.2 You are not entitled:
▪ 2.3.2.1 To alter or translate the software, change it to a different version, decompile it or disassemble it, create works derived from the software or disseminate the written material, translate them or amend them or create works derived from the written material.
▪ 2.3.2.2 Forward the software to third parties for business use, hire, lease or in any other manner use it commercially. This also applies to copies of the software.
▪ 2.3.2.3 Forward the software to third parties against payment. This software may not be disseminated on commercial data carriers without permission by Tunngle.net GmbH. Enquiries in this respect are to be directed to Tunngle.net GmbH.
3. Owner of rights
◦ 3.1 The software is protected by copyright. Tunngle.net GmbH is entitled to all rights resulting from the copyright. The copyright comprises, in particular, the program code, documentation, appearance, structure and organisation of the program files, program names, logos and other presentation forms regarding the software.
◦ 3.2 The Licensee is granted the individual, private right to use the software. This is not associated with the acquisition of rights to the software itself. Tunngle.net GmbH reserves the right to all publication, dissemination, processing and utilisation rights to the software.
4. Term of contract
◦ 4.1 Der Vertrag läuft auf unbestimmte Zeit.
◦ 4.2 The Licensee’s right to use the software shall automatically expire without termination if the Licensee violates a condition of this contract. If the utilisation right expires, the Licensee undertakes to deinstall the software on his/her computer. The Licensee further undertakes to destroy all copies of the software, the entire written material and all copies of such material, including versions that may have been amended.
5. Liability and warranty
◦ 5.1 The software is made available “as supplied” and excludes any kind of guarantees, as well as the tacit guarantee of marketability, suitability for a certain purpose, non-assignment of rights to intellectual property or all other express and tacit guarantees.
◦ 5.2 No liability is accepted whatsoever in that the software is suitable for the user’s purposes, or that it shall function in conjunction with the user’s existing software. It is incumbent upon the Licensee to check whether the product satisfies his/her requirements. In other respects the liability of Tunngle.net GmbH is geared towards the statutory provisions.
◦ 5.3 The warranty is geared towards the statutory provisions.
6. Notices on drivers and licenses
◦ 6.1 TAP-Win 32
◦ Tunngle.net GmbH’s software uses the TAP-Win 32 driver. This emanates from the CIPE-Win32 core driver, Copyright © Damion K. Wilson, and is licensed with GPL (General Public License).
◦ 6.2 OpenSSL
◦ OpenSSL is a free application of the SSL/TLS protocol. Furthermore, OpenSSL offers further-reaching functions for certificate administration and for different cryptographic functions. It is based on the SSLeay package, which was developed by Eric A. Young and Tim Hudson. OpenSSL Licence: Copyright © 1998-2003 Das OpenSSL Projekt. All rights reserved. Tunngle.net GmbH’s software contains software, which was developed by the OpenSSL Project for use in the OpenSSl Toolkit ( www.openssl.org ). Tunngle.net GmbH’s software contains cryptographic software that was developed by Eric Young. Tunngle.net GmbH’s software contains software that was developed by Tim Hudson.
◦ 6.3 WINPCAP
◦ Copyright © 1999 – 2005 NetGroup, Politecnico di Torino (Italien). Copyright © 2005 – 2007 CACE Technologies, Davis (Californien)
◦ 6.4 The full licensing conditions of the above-mentioned drivers can be viewed via the following links: www.openssl.org, www.openvpn.net, www.winpcap.org
7. Final provisions
◦ 7.1 Tunngle.net GmbH reserves the right to amend this Agreement at any time in full or in part without stating reasons for such action. The amendments shall come into force with immediate effect once the user is informed of the amendment and the amendment is published on the Tunngle.net website. The user acknowledges such an amendment to this Agreement by way of receipt of such notification and the continued use by the user of the software after the amendment has come into force. If you do not agree to this Agreement in the capacity of user, then you are to stop using our software. You are also required to stop using our software even if you no longer agree to this Agreement at any time.
◦ 7.2 Tunngle.net GmbH does not acknowledge the Licensee’s contrary and supplementary agreements. It is expressly stated that the user's agreements are not an element of the contract unless Tunngle.net GmbH had expressly approved of such agreements.
◦ 7.3 All statements that are forwarded as part of the utilisation contract to be entered into with Tunngle.net GmbH must be made in writing or by e-mail.
◦ 7.4 The law of the Federal Republic of Germany applies to this Agreement.
◦ 7.5 If all or parts of the above-mentioned agreements have not become contractual elements, or have become invalid, this shall not affect the contract in other respects. Insofar as the provisions have not become elements of the contract, or have become invalid, the content of the contract shall be geared towards the statutory provisions.

Kamen, 04.04.2013