Please read the following rules and regulations carefully and confirm that you agree to these terms by clicking the "I agree" button. Only then you are authorised to use a properly installed version of the software and, with the help of the software, the BINGOOO agents. 

If you do not agree, click the "I do not agree" button and the installation process will be aborted.

BINGOOO Licensing Agreement

1	OBJECT OF THE AGREEMENT
This agreement sets forth the terms existing between BINGOOO Deutschland GmbH (hereinafter referred to as "BINGOOO") and the user concerning:

•	The provision of the object code form of the "BINGOOO software" (hereinafter referred to as "software") in the version downloaded by the user or provided to him on the data carrier.
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•	The use of the BINGOOO Agents to access their sources. BINGOOO reserves the right to alter, update or restrict these agents at any time. 
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•	The software is not a public domain software. 
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•	2	RIGHTS OF THE USER
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•	2.1	The user is hereby informed that the software and any documentation material given to him or provided in downloadable form on the homepage of BINGOOO or a BINGOOO partner are protected by copyright. Vis-à-vis the user, all rights of use and exploitation to page designs, graphics, logos, buttons, symbols, audio samples, software, texts and/or other works, particularly to the software, are held solely by BINGOOO, except as otherwise provided in this agreement.2.2	BINGOOO grants the user the free, non-exclusive, non-transferrable, non-sublicensable and, except as otherwise provided in this agreement, temporally unlimited right, to use the installed software exclusively for his own purposes and in accordance with the documentation material, i.e. for loading, displaying, running or storing on a computer, and to use the software to access the agents provided by BINGOOO or for BINGOOO by third parties and, with regard to the agents, to create and run search routines. The documentation may be used only for the purpose of operating and understanding the software on the side of the user. 
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•	2.3	All other rights of use and exploitation to the software and/or the agents not expressly mentioned in sub-clause 2.2 above, regardless of their content and spatial or temporal coverage, shall be retained by and remain with BINGOOO. This applies, for example, to remunerated exploitation, disassembly, alteration, revision and translation.
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•	2.4	The right to use the software shall expire, without requiring any further notification, upon provision of a new version of the software, in case the use of such version is also free of charge.
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•	2.5	The right to use the software and/or agents may be terminated by BINGOOO for an important reason. The right to use ends upon the end user receiving the termination notice. Such termination for an important reason can occur, in particular, if:
•	The user repeatedly or persistently violates the agreement,
•	The user deliberately takes action that prevents the software from accessing BINGOOO's servers, which ensure the functionalities of the software,
•	The user commits criminal acts or regulatory offences by employing or using the software,
•	In the opinion of BINGOOO, the user violates commercial or personal rights of third parties including partner companies of BINGOOO by employing or using the software; BINGOOO shall have the same right if a third party substantiates a violation to BINGOOO by presenting documentation of such violation,
•	BINGOOO is forbidden to distribute or use the software or parts thereof.
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•	If applicable to all users or to specific, definable user groups, termination can also be announced on the www.BINGOOO.com homepage. The user receives such termination when he gains access to the BINGOOO homepage by using the software.
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•	2.6	In case the right to use the software ends, for whatever reason this may be, the software must be deleted from the computer.
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•	3	AGREEMENT WITH OTHER REGULATIONS ON THE USE OF THE SOFTWARE
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•	3.1	BINGOOO takes the protection of personal data very seriously. The protection of your privacy is of the utmost importance to us. Therefore, compliance with the legal provisions on data protection is a matter of course for us. Furthermore, we have committed ourselves to additional internal company restrictions:
•	No registration
•	No transfer or storage of personal data of the user's computer to the BINGOOO server
•	Thus, no forwarding of data to third parties
•	No online banner advertising
•	When deinstalling BINGOOO, such deinstallation will be effected completely; no active components of any kind will be remaining 
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•	Only when you install BINGOOO, we receive a counter pulse that enables us to gather statistics on the total number of installations. However, no personal information or IDs (identification numbers) of any kind are transferred during this process. We give you our word on this.
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•	3.2	BINGOOO reserves the right to amend these guidelines in accordance with the provisions of data protection law.
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•	3.3	We point out that other Internet sites or services which are accessible or made accessible by BINGOOO as well as partners who collect data in connection with prize competitions, promotions and similar user-oriented offers, have their own data protection guidelines which are independent of BINGOOO. BINGOOO assumes no responsibility or liability for these guidelines, which are beyond the control of BINGOOO.
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•	3.4	The software - if only due to the technical problems associated with an Internet connection that cannot be ruled out - should not be used for tasks the faulty execution of which can cause major damage (e.g. weapons control, patient care). BINGOOO is not responsible for any damage that may be incurred in connection with a violation of sub-clause 3.4.
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•	4	FURTHER DEVELOPMENT OF THE SOFTWARE AND THE ASSOCIATED RIGHT OF USE
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•	4.1	BINGOOO shall be authorised, at its own discretion, to provide new versions of the software, patches, updates, upgrades and the like ("versions") for use and to distribute them to the end user, also automatically when the software is called up at a later date. The user is granted the possibility to refuse to accept the new version. If he refuses to accept a free, new version of the software, his right to use the old version is terminated. The user has no legal claim to be provided with new versions of the software.
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•	4.2	To the extent no new terms of contract are agreed upon in connection with the provision of new versions, etc., the present terms shall continue to apply.
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•	5	INDEMNIFICATION OF BINGOOO WITH REGARD TO SEARCH RESULTS GENERATED BY THE USER 
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•	5.1	With this software, BINGOOO merely provides a tool the user can use to create and run search routines. The software itself does not provide any Internet content. Consequently, BINGOOO is not responsible for contents that become accessible to the user on the screen or otherwise as the result of executing search routines. The same applies to any and all violations of rights of third parties on or by pages which become visible on the screen or otherwise accessible to the end user during the execution of search routines. 
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•	5.2	Vis-à-vis BINGOOO, the user alone bears the responsibility under press law, copyright law, competition law, trademark law, patent/utility model law and other  responsibility for the search results and contents generated by him with the help of the software. The user shall indemnify BINGOOO against all third-party claims raised against BINGOOO as a result of a violation of the terms in sub-clause 5. This particularly applies tothe right of forbearance, right to removal and/or compensation claims, including any costs of defence against such claims and the losses resulting indirectly from such claims, particularly financial losses.
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•	6	TECHNICAL AVAILABILITY OF THE SERVICE
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•	6.1	BINGOOO cannot ensure a specific degree of technical availability of the services offered to the user on the Internet, neither with regard to the availability of the servers used nor the telecommunication link. Users are hereby notified of the fact that regular computer maintenance is necessary. For this reason alone, it cannot be guaranteed that the services provided by BINGOOO will be obtainable 24 hours a day.
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•	6.2	In the event of operating problems or cases of force majeure, labour dispute, seizure, traffic disruptions, general raw material or energy shortage and the like - in both the BINGOOO facility and in outside businesses used by BINGOOO to fulfil its obligations - the functionality of the software may cease, be restricted or delayed without prior notification to the user, due to the non-availability of the BINGOOO servers.
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•	6.3	The user shall not be entitled to raise claims if a faulty screen display is caused by:
•	The use of unsuitable display software and/or hardware (e.g. browsers)
•	Faults in the communication networks of other operators
•	Computer failure of Internet providers or online services
•	Incomplete and/or non-updated services on so-called proxy servers (buffers) of commercial and non-commercial providers or online services.
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•	7	LIABILITY AND LIMITATION OF LIABILITY
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•	7.1	BINGOOO shall only pay compensation for damages - regardless of the legal grounds (particularly non-performance, impossibility, warranty, delay, negligence in the course of contracting, violation of secondary obligations, tortious act) - caused by its own actionsor the actions of the persons employed in performing BINGOOO’s obligations:
•	In the event of wrongful intent and gross negligence;
•	In other cases: only as a result of the violation of an essential obligation that jeopardises the purpose of the agreement;
if due to delay and impossibility, only to a limited amount of €uro 250.00 per case and a total maximum of €uro 1,250.00 arising from the agreement. Otherwise: to the extent BINGOOO is insured for the damages that occur within the framework of the insurance cover and subject to the condition precedent of payment on the side of the insurer.

7.2	The objection of contributory negligencecan be raised. The statutory liability for personal injury and liability under the Products Liability Act shall remain unaffected.

7.3	All claims for compensation shall become statute-barred after a period of three years after gaining knowledge of the damage.

7.4	If the user is a merchant (as defined in the German Commercial Code), the restriction specified in sub-clause 7.1 applies to all legal grounds of liability specified in sub-clause 7.1, even in the event of grossly negligent violation of any and all obligations by persons employed in performing BINGOO’s obligations who are not legal representatives or executive employees. Vis-à-vis merchants, liability for the gross negligence of persons employed in performing BINGOO’s obligations who are not legal representatives or executive employees shall be restricted in all cases to the damages which are usually and typically foreseeable in such cases, over which the user has no control.

8	FINAL PROVISIONS

8.1	BINGOOO is a trademark of BINGOOO AG. Copyright © 1997-2000 BINGOOO AG. All rights reserved. Windows©, Windows 95™, Windows 98™ and Windows NT© are trademarks of Microsoft Corporation.

8.2	The place of performance shall be Cologne.

8.3	The place of jurisdiction shall be Cologne for all disputes between the parties hereto arising directly or indirectly from and in connection with this contractual relationship, in case the user is a merchant, a legal entity under public law or a special fund under public law (Section 38 German Code of Civil Procedure). If the user is not a merchant, the legal provisions of the Code of Civil Procedure shall apply to the place of jurisdictionin case  the permanent abode or habitual residence of the user at the time of filing an action is not unknown or the user does not move his permanent abode or habitual residence away from the territory covered by the law after concluding the agreement.

8.4	The substantive law of the Federal Republic of Germany, with the exception of conflict of laws provisions and the UN Convention on the International Sale of Goods, shall apply to all legal relations arising from the agreements with BINGOOO.

8.5	The invalidity of individual provisions shall not affect the validity of the remainder of the agreement. An invalid clause shall be replaced by a supplementary interpretation or, if possible, by a provision that reflects the economic purpose of the invalid provision as closely as possible. The same applies mutatis mutandi in the event of the existence of a gap within the contractual provisions.