END USER LICENSE AGREEMENT (EULA)

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE SOFTWARE. This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Sawblade Software ("Licensor") for the freeware software application "Scratchpad" ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software.

1. License Grant

Subject to the terms and conditions of this Agreement, Sawblade Software grants you a personal, non-exclusive, non-transferable, royalty-free, revocable license to use the Software as freeware for personal, educational, or internal business purposes.

2. Restrictions on Use

You agree not to, and you will not permit others to:

• Decompile: Reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by mandatory applicable law (such as Section 69e of the German Copyright Act / UrhG).
• Modify: Modify, adapt, translate, or create derivative works based upon the Software.
• Redistribute: Rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Software to any third party.
• Bypass: Circumvent, disable, or defeat any security or digital rights management features within the Software.

3. Automatic Updates

The Software may periodically communicate with Sawblade Software servers to check for, download, and install automatic updates, patches, or bug fixes. These updates are designed to improve the performance, security, and functionality of the Software. By using the Software, you consent to receive these automatic updates.

4. Anonymous Usage Analytics and Data Protection

The Software includes an optional feature that collects anonymous usage data, such as crash reports, feature utilization, and operating system versions.

• This data is used solely to analyze and improve the software.
• No personally identifiable information (PII) is collected.
• All data collection is processed in a pseudonymized or anonymized format in compliance with the GDPR.
• You may opt out and disable this data collection at any time within the Software settings.
• For more detailed information regarding data processing, please review our Privacy Policy at: https://sawblade.software/privacy/

5. No Technical Support

Because the Software is provided free of charge, Sawblade Software provides no technical support, customer service, maintenance, or assistance obligations of any kind. You use the Software entirely at your own risk.

6. Ownership and Intellectual Property

The Software is licensed, not sold. Sawblade Software retains all rights, title, and interest in and to the Software, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights.

7. Warranty and Liability (Under German Law)

Since this Software is provided to you free of charge (as freeware), the statutory provisions of the German Civil Code (BGB) for donations/gifts (§§ 523, 524 BGB) apply regarding defects in quality and title:

• Warranty: Sawblade Software is only liable for defects in the Software if Sawblade Software has fraudulently concealed such defects.
• Liability: Sawblade Software is only liable for damages caused by the Software in cases of intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit). Liability for slight negligence (leichte Fahrlässigkeit) is excluded. This limitation does not apply to damages resulting from injury to life, body, or health.

8. Severability Clause

Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remaining provisions of this Agreement. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the economic intent and purpose of the original provision.

9. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. If you are a merchant (Kaufmann) or do not have a general place of jurisdiction in Germany, the registered seat of Sawblade Software shall be the exclusive venue for all disputes arising from or in connection with this Agreement.