1. Introduction
This End User License Agreement (“Agreement” or “EULA”) governs the use of the Penmarka desktop software (“Penmarka” or “Software”) provided by Vawick Consulting UG (haftungsbeschränkt), Germany (“the Company”). By installing, accessing, or using Penmarka, you (“User”) agree to be bound by this Agreement. If you do not agree to the terms, you must not install or use the Software.
2. Definitions
- “Software”: Penmarka, including all executable files, components, updates, documentation, and related materials.
- “User”: Any individual or entity installing or using the Software.
- “Device”: A Windows computer on which the Software is installed.
- “License”: The right to use the Software under the terms of this Agreement.
- “Subscription”: A recurring billing arrangement managed by LemonSqueezy.
- “Team License”: A multi-seat license permitting use by multiple Users within one organization.
- “Merchant of Record”: LemonSqueezy, processing payments on behalf of the Company.
3. Grant of License
Subject to compliance with this Agreement, the Company grants the User a limited, non-exclusive, non-transferable, revocable license to install and use Penmarka on the number of devices permitted by the purchased license type.
This license is granted solely for lawful purposes and in accordance with this Agreement.
4. License Types
4.1 Personal (Free) License. The Personal license is free of charge and may be used by a single individual for non-commercial purposes. Functionality may be limited compared to paid versions.
4.2 Pro License. The Pro license permits use by a single User for personal or professional purposes. It may include additional features not available in the free version.
4.3 Team License. The Team license permits use by multiple Users within one organization. The number of permitted seats is defined at purchase. Seat adjustments may require contacting the Company.
4.4 Subscription Licenses. Subscription licenses are billed annually via LemonSqueezy. Access continues only while the subscription remains active.
5. Installation and Activation
The Software may require activation using a license key or account credentials. The User is responsible for maintaining the confidentiality of activation credentials and preventing unauthorized use.
6. Restrictions on Use
The User must not:
- Copy, distribute, or reproduce the Software except as expressly permitted.
- Modify, decompile, reverse engineer, or attempt to derive source code.
- Rent, lease, sublicense, or transfer the Software to third parties.
- Circumvent technical protection measures.
- Use the Software in violation of applicable laws or regulations.
- Use the Software in a manner that interferes with or disrupts other systems.
7. Intellectual Property Rights
Penmarka is protected by copyright and other intellectual property laws. All rights not expressly granted to the User remain with the Company. The User acquires no ownership rights in the Software.
8. Updates and Upgrades
The Company may provide updates, patches, or new versions of the Software. Updates may modify or remove features. The Company is not obligated to provide updates unless required by law or by the terms of a subscription.
Upgrades may require additional payment.
9. Data Processing and Privacy
Penmarka may process limited technical data necessary for activation, licensing, or functionality. For details on data processing, Users should consult the Company’s Privacy Policy available on the Penmarka website.
10. Third-Party Services
Payments, subscription management, and license delivery are processed by LemonSqueezy, acting as merchant of record. Use of LemonSqueezy services is subject to their terms and policies.
11. Support Services
The Company may provide technical support at its discretion. Support may require Users to:
- Provide system information, logs, or screenshots
- Cooperate with troubleshooting steps
- Install updates or patches
Support availability is not guaranteed unless included in a subscription or enterprise agreement.
12. Term and Termination
12.1 Term. This Agreement remains in effect until terminated.
12.2 Termination by User. The User may terminate the Agreement by uninstalling the Software and ceasing all use.
12.3 Termination by Company. The Company may terminate the Agreement if the User breaches any term. Upon termination, the User must cease all use and uninstall the Software.
12.4 Effect of Termination. Termination does not entitle the User to a refund unless required by law or covered under the Refund Policy.
13. Subscription Terms
Subscription licenses renew automatically unless cancelled through the LemonSqueezy Customer Portal.
- After cancellation, access continues until the end of the current billing period.
- Subscription fees already billed are non-refundable except as provided in the Refund Policy or required by law.
14. Team License Terms
Team licenses may only be used by Users within the purchasing organization. Seat counts may be adjusted mid-term by contacting the Company. The organization is responsible for ensuring compliance by all Users.
15. Prohibited Conduct
Users must not:
- Attempt to bypass license restrictions
- Share license keys publicly or with unauthorized persons
- Use the Software to infringe third-party rights
- Use the Software in high-risk environments where failure could cause harm
16. Rights in Case of Defects
16.1 Paid licenses (Pro, Team). The statutory rights in case of defects in digital products apply; for consumers in particular §§ 327 et seq. BGB, including the obligation to provide updates that are necessary to keep the software in conformity with the contract (§ 327f BGB).
16.2 Free use (Personal, 14-day Pro trial). In this case the software is provided free of charge; the Company is liable for it only for intent, gross negligence and fraudulently concealed defects. Liability for injury to life, body or health and under the German Product Liability Act remains unaffected.
17. Limitation of Liability
The Company is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), and where it has given a guarantee.
In cases of slight negligence, the Company is liable only for breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely), limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.
For free use, section 16.2 applies in addition.
18. Indemnification
The User agrees to indemnify and hold harmless the Company from claims arising from misuse of the Software or breach of this Agreement.
19. Compliance with Laws
The User is responsible for ensuring that use of the Software complies with all applicable laws, regulations, and industry standards.
20. Export Controls
The User must comply with applicable export control laws and may not use or distribute the Software in prohibited jurisdictions.
21. Governing Law and Jurisdiction
This agreement is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the country in which they have their habitual residence. If the User is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the place of jurisdiction is the Company’s registered office.
22. Severability
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions remain in full force and effect.
23. Entire Agreement
This Agreement constitutes the entire agreement between the User and the Company regarding the Software and supersedes all prior understandings.
24. Changes to this Agreement
The Company may change this agreement with effect for the future. Your license is governed by the version that applied when you acquired the license or installed the software. A changed version applies to you only if you expressly agree to it. If you do not agree, the previous version continues to apply.
25. Language Versions
This agreement is available in German and English. If the versions differ, the German version prevails.
26. Contact Information
Vawick Consulting UG (haftungsbeschränkt)
Liesenfelderstr. 7
56281 Emmelshausen, Germany
Email: support@penmarka.com
Website: https://www.penmarka.com
Merchant of Record: LemonSqueezy, which processes payments and issues license keys