End User License Agreement (EULA)
June 2025
This End User License Agreement (“Agreement”, “License”) is a legally binding contract between MS2 GmbH, [Insert Full Address], Austria (“MS2”, “Licensor”, “we”, “our”), and the end user (“User”, “Licensee”, “you”) regarding the use of MS2’s software and digital products.
By downloading, installing, accessing, or using the Software, you agree to be bound by the terms of this EULA. If you do not agree, you may not install or use the Software.
1. Definitions
“Software” means any digital product, web-based application, SaaS platform, downloadable software, script, code, or tool provided by MS2 GmbH under license.
“Licensee” refers to the individual or entity that accesses or uses the Software under this Agreement.
“Documentation” means user guides, manuals, and other written or digital resources provided with the Software.
2. Grant of License
MS2 grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to use the Software solely for your personal or internal business purposes, as outlined in the applicable product description, offer, or agreement.
This license does not grant you any rights to:
Reproduce, distribute, or sublicense the Software;
Reverse engineer, decompile, or disassemble the Software;
Modify, translate, or create derivative works;
Remove or alter any proprietary notices or branding.
All rights not expressly granted to you are reserved by MS2.
3. Ownership and Intellectual Property
All intellectual property rights in and to the Software, including all associated copyrights, trade secrets, and trademarks, are and remain the sole property of MS2 GmbH and/or its licensors.
Nothing in this EULA conveys or grants any ownership or other proprietary right to the User. The Software is licensed, not sold.
4. Permitted Use
You may:
Use the Software for its intended business or personal purpose;
Access and operate the Software on permitted devices or web platforms;
Create accounts for team members (if permitted in the specific license tier).
You must ensure all users comply with this EULA. In case of violation, MS2 reserves the right to suspend or terminate access.
5. Restrictions
You agree not to:
Circumvent access controls or authentication mechanisms;
Introduce malicious code, exploit vulnerabilities, or attempt unauthorized access;
Use the Software in any way that violates applicable laws, including data protection, intellectual property, or export control regulations;
Share your license, login credentials, or access with third parties unless contractually permitted.
6. Updates and Support
MS2 may provide software updates, patches, or upgrades at its sole discretion. These updates may be subject to additional terms.
While MS2 strives for high reliability, no obligation exists to provide ongoing support, maintenance, or updates unless contractually agreed (e.g., via Service Level Agreement or Support Plan).
7. Data Privacy and Processing
Use of the Software may involve the collection and processing of personal data. MS2 processes such data in accordance with its Privacy Policy and applicable data protection laws (GDPR, DSG).
Where applicable, data processing agreements (DPAs) can be concluded with business customers to reflect the relationship under Art. 28 GDPR.
8. Term and Termination
This License remains in effect:
For one-time purchases: until terminated by either party;
For subscriptions: for the duration of the active subscription.
MS2 may terminate this License immediately and without prior notice:
If you breach this Agreement;
If you use the Software in a way that harms MS2, its users, or systems;
Upon expiration or non-payment of subscription fees.
Upon termination, you must cease all use of the Software and delete all copies in your possession.
9. Warranty Disclaimer
To the fullest extent permitted by law, the Software is provided “as is” without warranty of any kind.
MS2 disclaims all warranties, express or implied, including but not limited to:
Fitness for a particular purpose,
Non-infringement,
Accuracy or reliability,
Continuous availability or uptime.
No oral or written information provided by MS2 shall create a warranty unless formally incorporated into a signed agreement.
10. Limitation of Liability
To the extent permitted by law, MS2 shall not be liable for:
Indirect or consequential damages;
Loss of profits, data, or business opportunities;
Damages exceeding the total amount paid for the license in the last 12 months.
This limitation shall not apply in cases of:
Intent or gross negligence (Vorsatz oder grobe Fahrlässigkeit),
Personal injury or death caused by MS2’s fault,
Liability under the Austrian Product Liability Act (PHG),
Mandatory legal remedies under GDPR for data protection violations.
11. Export Compliance
You acknowledge that the Software may be subject to export control laws and regulations, including but not limited to EU dual-use regulations and US export control law.
You represent and warrant that you are not located in a country subject to EU or U.S. embargoes or designated as a “terrorist supporting” country, and you will not use the Software in violation of any applicable export laws.
12. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Austria, excluding conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Exclusive place of jurisdiction is the competent court at the seat of MS2 GmbH, unless mandatory consumer protection laws provide otherwise.
13. Severability
If any provision of this Agreement is held to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.
14. Entire Agreement
This EULA, together with MS2’s Terms of Service and Privacy Policy, constitutes the entire agreement between the parties relating to the Software and supersedes all prior understandings or agreements, oral or written.
15. Contact
MS2 GmbH
Murtalstraße 641, 5582 St. Michael im Lungau
Email: mario@ms2group.at
Website: https://www.ms2group.at