for the Software rsk.guardian – Rule Engine for File and Folder Organization on Windows
between
Christian Rüskenruesken.net – Everyday Tools
Germany
(hereinafter referred to as the “Licensor”)
and
the respective end user
(hereinafter referred to as the “Licensee”)
By installing, copying, or otherwise using the Software “rsk.guardian – Rule Engine for File and Folder Organization on Windows” (hereinafter referred to as the “Software”), the Licensee agrees to the terms of this End-User License Agreement. If the Licensee does not agree to these terms, the Licensee is not authorized to install or use the Software and must discontinue installation or remove the Software immediately.
1. Subject of the Agreement
1.1 The subject of this agreement is the granting of the Software “rsk.guardian – Rule Engine for File and Folder Organization on Windows” in the respective available version in executable form (object code), including any documentation provided electronically (hereinafter jointly referred to as the “Software”).
1.2 The Software is designed for local rule-based organization, monitoring, and automation of file and folder processes on Windows systems.
1.3 The Software is granted to the Licensee solely for use in accordance with this agreement and is not sold. All rights not expressly granted remain with the Licensor.
2. License Grant and Scope of Use
2.1 The Licensor grants the Licensee a simple, non-exclusive, non-transferable, and non-sub licensable license to use the Software within the scope described in this agreement.
2.2 Unless expressly agreed otherwise, a license authorizes installation and use of the Software on a single device by a single user. Use on multiple devices is only permitted with corresponding additional licensing.
2.3 The Licensee is authorized to create a backup copy of the Software, provided that this copy serves exclusively backup purposes and is appropriately labeled.
2.4 Any redistribution of the Software to third parties, whether for fees or free of charge, particularly through rental, leasing, leasing, hosting, or other transfer, is not permitted without prior written consent from the Licensor.
2.5 Providing the Software as a service to third parties, such as within the framework of a hosted or server-based offering, is only permitted with explicit written consent from the Licensor.
3. Copyright and Protected Rights
3.1 The Software is protected by copyright. All rights to the Software, including all copies, belong exclusively to the Licensor or its licensors.
3.2 The Licensee is not authorized to remove, modify, or obscure copyright notices, trademark notices, license information, serial numbers, or other protection marks.
3.3 License keys, activation information, and other access data must be treated confidentially and protected against unauthorized access by third parties.
4. Prohibited Actions
4.1 The Licensee is prohibited from decompiling, disassembling, analyzing the Software through reverse engineering, or otherwise attempting to obtain the source code, unless expressly permitted by mandatory statutory law.
4.2 The Licensee may not modify, edit, translate the Software, or create derivative works, unless this is expressly permitted by mandatory law or explicitly granted in writing by the Licensor.
4.3 It is prohibited to circumvent, impair, or disable technical protection measures, activation mechanisms, or license checks.
4.4 Use of the Software for unlawful purposes or for processing unlawful content is not permitted.
5. Special Notes on Use of rsk.guardian
5.1 rsk.guardian is a locally executed tool for rule-based organization, processing, and automation of file and folder workflows. Depending on the configured rules, conditions, and actions, the Software may detect, move, rename, sort, structure, or otherwise automatically process files and folders.
5.2 The Licensee is required to carefully review configured rules, filters, conditions, and actions before using them in production. If the Software provides previews, test runs, simulations, logs, or comparable control mechanisms, these should be used before final deployment.
5.3 The Licensee is solely responsible for creating appropriate backups of their files, directories, target folders, and working environments before using the Software.
5.4 The Licensor assumes no responsibility for data loss, incorrect sorting, unintentional moves, unwanted renaming, overwrites, changed folder structures, faulty automations, or other consequences resulting from improper, careless, or incorrectly configured use of the Software, to the extent permitted by law.
5.5 This applies particularly in cases where the Licensee:
- activates rules without prior review,
- uses inappropriate conditions, filters, or target paths,
- automatically processes productive data sets without backup,
- uses network drives, cloud synchronizations, removable storage media, or third-party software that may lead to conflicts, delays, or deviations in behavior.
6. Installation, Activation, and Updates
6.1 The Licensee is responsible for installation, setup, and use of the Software in their system environment, unless otherwise agreed.
6.2 Use of the Software may require registration, activation, or online license verification using a license key provided by the Licensor. The Licensee is required to provide complete and accurate information in this process.
6.3 The Licensor is authorized to verify the validity of a license through technical measures, where this is necessary and reasonable.
6.4 The Licensor may provide updates, patches, bug fixes, or new versions. A claim to specific updates, feature extensions, or future versions exists only if expressly agreed.
6.5 The Licensor is authorized to adapt, extend, restrict, or disable functions of the Software within updates, to the extent that this is reasonable for the Licensee.
7. Duration and Termination
7.1 Unless otherwise agreed, the license is granted for an indefinite period.
7.2 The Licensor is authorized to terminate the right of use without notice for important reasons. An important reason exists particularly if the Licensee violates essential terms of this agreement and does not remedy the violation within a reasonable period despite request.
7.3 Upon effectiveness of termination, the Licensee’s right to use the Software ends. The Licensee must immediately cease use, remove all installations, and delete all existing copies and license information.
7.4 Statutory rights of withdrawal and termination remain unaffected.
8. Warranty
8.1 The Licensor provides the Software in its respective current version. The Software corresponds to the usual technical standard for Software of this type.
8.2 A completely error-free function in all conceivable system environments, file structures, rule configurations, automation scenarios, or use cases cannot be guaranteed.
8.3 For defects, the statutory warranty regulations apply, unless this agreement determines otherwise.
8.4 A defect does not exist particularly if impairment is due to improper use, incorrect configuration, missing data backup, unsupported system environments, network or cloud conflicts, third-party software, or other circumstances not attributable to the Licensor.
8.5 The Licensee is required to report defects immediately and in a traceable manner and to cooperate in error analysis to a reasonable extent.
9. Liability
9.1 The Licensor is liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
9.2 In cases of slight negligence, the Licensor is liable only for violation of an essential contractual obligation. In this case, liability is limited to the contractually typical, foreseeable damage.
9.3 Liability for data loss, file damage, incorrect sorting, unintentional file moves, faulty automations, business interruptions, lost profit, omitted savings, as well as other indirect or consequential damages is excluded, to the extent permitted by law and unless a case under Section 9.1 exists.
9.4 The Licensor is particularly not liable for damages resulting from the Licensee not creating a backup of their files, folders, or systems before use.
9.5 Where the Licensor’s liability is excluded or limited, this also applies in favor of their legal representatives, employees, and vicarious agents.
10. Data Security and Data Protection
10.1 The Licensee is solely responsible for regular and appropriate data backups.
10.2 Where use of the Software is associated with processing personal data, the Licensee is responsible for compliance with applicable data protection regulations.
10.3 If data is transmitted to the Licensor within the framework of activation, license verification, telemetry, or support, the Licensor will inform separately in their data protection statement.
11. Transfer to Third Parties
11.1 Transfer of the license to third parties is only permitted with prior written consent from the Licensor.
11.2 In the case of a permitted transfer, the previous Licensee must cease all own use of the Software, delete all copies, and completely transfer all license information and materials provided to the third party.
12. Changes to this EULA
12.1 The Licensor may change this EULA for objectively justified reasons with future effect, particularly in case of changes in the legal situation, technical developments, or further development of the Software.
12.2 Changes will be communicated to the Licensee in an appropriate form. If the Licensee does not object to the changes within a reasonable period or continues to use the Software after entry into force, the changes are considered accepted. The Licensee will be separately informed of this right.
13. Final Provisions
13.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
13.2 If the Licensee is a merchant, a legal person under public law, or a public-special asset, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is the seat of the Licensor.
13.3 If a provision of this agreement is or becomes wholly or partially invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision is replaced by the effective regulation that comes closest to the economic purpose of the relevant provision.
13.4 Side agreements, changes, and supplements to this agreement require written form, unless a stricter form is prescribed by law. This also applies to the waiver of this written form requirement.
