# SOFTWARE LICENSE AGREEMENT
This Software License Agreement ("Agreement") is entered into as of the date of acceptance by the user ("Effective Date"), by and between Clapsode UG (haftungsbeschr�nkt), a company incorporated under the laws of Germany ("Licensor"), and the user ("Licensee").
## 1. DEFINITIONS
"Software" refers to the proprietary software library developed by the Licensor for loading data into and requesting data from a "Data Layer TS" instance, including any updates, upgrades, modifications, revisions, copies, and documentation.
## 2. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, the Licensor grants the Licensee a non-exclusive, non-transferable, revocable license to use the Software, solely for the purpose of loading data into and requesting data from a "Data Layer TS" instance. This software library may only be used by the licensee in any form if the Date Layer TS software has been purchased by the licensee.
## 3. RESTRICTIONS
The Licensee shall not use, copy, modify, distribute, or create derivative works of the Software, except as expressly authorized under this Agreement. The Licensee shall not use the Software or any part of its functionality in combination with any other database software. Any such unauthorized use shall result in immediate and automatic termination of this Agreement.
## 4. TERM AND TERMINATION
This Agreement shall commence on the Effective Date and continue until terminated by either party upon written notice. Upon termination of this Agreement, the Licensee shall cease all use of the Software and destroy all copies thereof.
## 5. WARRANTY DISCLAIMER
The Software is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
## 6. LIMITATION OF LIABILITY
In no event shall the Licensor be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits, revenue, data, or data use, arising out of this Agreement, whether in an action in contract or tort, even if the Licensor has been advised of the possibility of such damages. In particular, the Licensor shall not be liable for damage caused by the Licensee modifying, destroying or otherwise altering the Software in any way contrary to the contractual provisions.
## 7. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of laws principles.
## 8. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and communications, whether oral or written, between the parties relating to the subject matter hereof.
## 9. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the offending provision shall be severed from this Agreement, and all other provisions shall remain in full force and effect. The failure of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.
## 10. EXCEPTIONS
Exceptions to the provisions of this agreement may be passed on to the licensee by the licensor at any time. This could, for example, concern cases in which the licensee may also modify the code of the software exclusively for his own purposes and only with a valid Date Layer TS license. Such agreements shall be made between the Licensor and the Licensee as required and must be made in writing to be effective (e-mail is also sufficient).
By using the Software, the Licensee agrees to be bound by the terms of this Agreement.