This end user license agreement (hereinafter “EULA”) is a license agreement between you as the end user and Semanux GmbH, Abraham-Wolf-Str. 56, 70597 Stuttgart, Germany (hereinafter “Semanux”) for the use of the products “Semanux Access Flex” as well as “Semanux Access Free”, a software for the innovative, multimodal operation of a computer with the head and other input options as described in Annex 1 (“Service Description”), which was developed by Semanux (hereinafter “Software”).
Please note that this EULA does not apply to “Semanux Access Pro”. Instead, the End User License Agreement for Semanux Access Pro applies.
(1) The EULA governs the terms under which you may use the Software. By accepting the EULA or using the Software, you agree to be bound by the terms of the EULA.
(2) This EULA does not establish a service relationship between Semanux and you in return for payment. The payment of a license fee is solely the subject of the contractual relationship between you and the payment service provider Paddle, to whom you pay license fees and in return we grant you a right to use the software. “Paddle” collectively means Paddle.com Market Limited, Judd House, 18-29 Mora Street, London, EC1V8BT, United Kingdom and Paddle Payments Limited, Limerick House, Limerick Lane, Newbridge, Kildare, Ireland. Paddle is a global payment service provider that facilitates online transactions using common online payment methods and acts as the seller of the product.
(1) By entering into the EULA, you receive the non-exclusive, non-transferable and non-sublicensable right, unlimited in time and limited in location to the territory of the European Economic Area, the Swiss Confederation and the United Kingdom, to run the Software installed on a computer in machine-readable format in accordance with the terms of the EULA (“License”).
(2) The rights granted with the license include the right to obtain updates of the software provided by Semanux for the period of an active subscription. The use of updates is voluntary. Insofar as new software functions are introduced with an update, this does not justify any claim by you that these will also be maintained with future updates.
(1) The Software may only be used under the license pursuant to § 2 of the EULA if and to the extent the system requirements pursuant to Annex 2 (“System Requirements”) are met.
(2) Semanux is not responsible for damages based on the lack of compliance with the applicable system requirements.
(1) The software is made available by you downloading it from the Semanux website and installing it independently on your device. Semanux itself owes you neither provision nor installation or integration of the software on a computer.
(2) In order for you to run the Software on the computer in accordance with the EULA, the Software must be activated by the assignment of a license after installation. The license is automatically assigned as soon as you have logged into the software with your Semanux Account and your Semanux Account entitles you to a valid license. In addition, the license is checked for validity each time the program is started. For this purpose, an Internet connection is required each time the program is started. Any circumvention of the requirement to activate a license by logging into the Semanux Account and any unauthorized use of the software not authorized by Semanux and in violation of this EULA is prohibited.
(3) Activation of a license is done for a specific computer and individually for you as an end user, and the activated license is verified when the program is started. You may install the software on multiple computers, but use it on only one computer at a time. In order to change the computer used with the Software, it is necessary to deactivate it by logging off the previous computer and activate the Software on another computer as described in the previous paragraph.
(4) Any circumvention of the aforementioned activation by obtaining a license is prohibited.
(1) Subject to the terms of any license granted and except as expressly provided in this EULA or otherwise agreed, you acquire no rights in the Software or Documentation. All Software and Documentation provided by Semanux, all copies, compilations, derivative products, programmatic enhancements, patches, revisions and updates to or relating to the Software, and all patent, utility model, trademark, design and copyright, trade secret, trade name and any other invention, design and information protected by law contained in any of the foregoing are and shall remain the property or ownership of Semanux.
(2) You are prohibited from asserting the rights set forth in § 5 (1) or claims for the granting of any of the aforementioned rights to the Software or the Documentation and, in particular, from registering or claiming intellectual property rights to the Software against Semanux or third parties.
(3) With the exception of §§ 69d, 69e UrhG, the customer is prohibited from attempting to reconstruct, decompile or decrypt any source code or underlying ideas or algorithms of any software or to permit a third party to do so. Except as otherwise provided in this EULA and its attachments, or as otherwise expressly agreed between the parties, you may not modify the Software, make it available for use by third parties against payment, sublet it, or otherwise transfer any rights of use to third parties. Your right to execute the software installed on a specific computer in accordance with this EULA remains unaffected.
(4) You are obligated to notify Semanux immediately of any violations of these provisions or any other violations of Semanux's rights to the software that are known to you or become known to you in the future.
The fee for the provision of the software and the granting of a right of use in accordance with § 2 shall be calculated on the basis of the currently valid prices of the software, which can be viewed on Semanux's website.
Semanux does not warrant to you that the software has a certain quality or a certain scope of functions and is free of defects.
(1) Semanux shall be liable without limitation in the event of (i) intent and gross negligence, (ii) for injury to life, limb and health, (iii) in accordance with the provisions of the Product Liability Act, from Art. 82 of Regulation 2016/670/EU (DSGVO) or other mandatory statutory liability provisions in accordance with the standards set forth therein, and (iv) to the extent of any warranty assumed.
(2) Semanux shall further be liable for culpable breach of a material contractual obligation, the fulfillment of which is a prerequisite for proper performance of the contract and compliance with which the contractual partner may regularly rely on (“cardinal obligation”), but in the event of simple (minor) negligence limited to the damage reasonably to be expected and foreseeable at the time of conclusion of the contract.
(3) Semanux shall have no further liability.
(4) The above limitation of liability shall also apply to the personal liability of employees, representatives and members of Semanux's governing bodies.
You shall take appropriate measures to secure the Software against access by unauthorized third parties. In particular, all copies of the Software must be kept in a protected location.
(1) The attachments to the EULA constitute an essential part thereof.
(2) Neither party may transfer or assign this EULA in whole or any rights or obligations hereunder without the prior written consent of the other party. Any such transfer or assignment shall be void. Notwithstanding the foregoing, (i) a party may assign this agreement to a third party that assumes all or substantially all of its related business activities as a result of a merger, sale of shares or assets, or similar transaction, and (ii) Semanux may use third parties to perform its obligations under this agreement, provided that Semanux shall remain liable for any breach of such obligations.
(3) This EULA shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict of law provisions. The place of performance and jurisdiction shall be Stuttgart, Germany.
(4) If any provision of this EULA is invalid, void or unenforceable under any present or future law, the remainder of this EULA shall continue in full force and effect. To the extent that the invalid, void or unenforceable provision is a material term of the agreement, the parties agree to jointly negotiate a valid alternative provision.
Our innovative Semanux Access software allows users to control their computer with their head and other input capabilities.
- Head direction recognition via webcam.
- Facial expression recognition via webcam.
- Desktop overlau with dwell-time buttons on a monitor.
- Emulation of left, double and right mouse clicks.
- Emulation of mouse movements.
- Virtual keyboard for text input.
- Emulation of special keys like media control via virtual keyboard.
- Connection and configuration of a selection of external input devices from third-party manufacturers.
- A computer running activated Microsoft Windows 10 version 21H1 in the editions: Home, Pro, Pro for Workstations, Enterprise, Education, Pro Education (not: Home or Pro in S mode or an Enterprise LTSC variant), 64-bit versions only, or
- a computer running activated Microsoft Windows 11 version 21H2 in the editions: Home, Pro, Pro for Workstations, Enterprise, Education, Pro Education, 64-bit versions only, or
- a computer running macOS 13.
- Processor with x86-64 architecture or arm64 architecture (macOS only); at least 2 cores with at least 2.0 GHz each.
- Graphics card and graphics card driver with support for at least DirectX 12, OpenGL 3.3, Vulkan 1.1 or Metal (macOS only).
- 4 GB RAM.
- 2 GB free hard disk space.
- Monitor with a resolution of 1280 x 768 pixels or higher.
- Administrator privileges.
- One-time Internet connection for software activation.
- Internet connection to use the interactive online help area.
- Webcam with at least 0.9 megapixel resolution and 30fps; not covered.
- Microphone; not covered.
- Agreement to the End User License Agreement required.