Fictional product, illustrative draft. Not legal advice.
Fernlook Scout -- End User Licence Agreement¶
Draft for counsel review. Not legal advice. Law as of 20 October 2026.
Covers: the Fernlook Scout desktop companion app (Windows and macOS) and the camera firmware. This is a one-off hardware purchase (the camera) with a perpetual software licence included in the purchase price, plus firmware updates. It does not cover Scout Cloud, which has its own terms (scout-cloud-terms.md).
This document uses bracketed modules for EU consumers, EU business customers, Germany, and US consumers/businesses. Publish the module that matches each buyer's actual status; do not blend modules in one document served to everyone.
0. Who you are contracting with¶
Fernlook Optics B.V., Kerkstraat 24, 1017 GB Amsterdam, Netherlands, registered with the Kamer van Koophandel under number 00000000, managing director Sanne Dekker ("Fernlook", "we", "us"). Contact: legal@fernlook-optics.test.
1. Acceptance¶
By [clicking the button labeled "I agree" during first-run setup of the Fernlook Scout app, or by continuing to set up your camera], you agree to this licence agreement.
[Link to the full terms, placed immediately next to this sentence and the control it names, in a colour and weight that contrasts with the surrounding text.]
We will keep a copy of this agreement available to you inside the app's settings and on our website, and will make it available to you on request. This agreement is not denied legal effect only because it is in electronic form.
EU consumers: add, immediately before the acceptance control and with nothing else between the two, the technical steps to complete setup, whether we keep a record of your acceptance and whether you can access it, the means to correct an input error before confirming, and the languages the agreement is offered in (Art. 10(1)(a) to (d) Directive 2000/31/EC).
EU business customers: keep the model wording's acceptance mechanics unless the parties have agreed otherwise in a signed commercial order; a one-sided "business" label on an order form does not switch consumer duties off where the buyer is in fact a natural person acting outside their trade.
Germany: where this acceptance occurs as part of an online order of the camera that carries a payment obligation, the order-submission button (not this app-level acceptance click) carries PW-DE-1 ("zahlungspflichtig bestellen") or an equally unambiguous formulation; see scout-cloud-terms.md and the retailer's own checkout flow for that button, since this EULA's own acceptance click is not itself the paid order button on a one-off hardware sale.
US: place the assent sentence on the same screen as the control, in a size and colour comparably prominent to the surrounding text, directly next to the control, visible without scrolling. Name the control by its actual current label.
Legal basis: references/clauses/acceptance-and-formation.md.
2. What this licence covers¶
This agreement licenses:
(a) the Fernlook Scout desktop companion app for Windows and macOS (the "App"); and
(b) the firmware that runs on your Fernlook Scout camera (the "Firmware"), including firmware updates we supply over the air.
It does not cover the camera hardware itself, which you own outright once you have paid for it, or Scout Cloud, which has its own terms.
3. Licence grant¶
Fernlook grants you a personal, non-exclusive right to install and run the App on your own devices, and to use the Firmware as installed on your camera, for as long as you own the camera, for your own use (including, where you are a business customer such as a nature reserve or farm, your own monitoring use).
Fernlook does not transfer ownership of the App, the Firmware, or any copy of either; Fernlook keeps every right this clause does not expressly grant.
You may make one copy of the App where that copy is needed to install or run it, or to keep as a backup, and may correct an error in the App or the Firmware where that is needed to use it for its intended purpose. You may observe, study, or test how the App or the Firmware works, including by loading, displaying, running, transmitting, or storing it, to work out the ideas and principles behind any part of it, as long as you do this only through acts you are otherwise entitled to carry out under this clause.
You must not copy, adapt, translate, or create a derivative work from the App or the Firmware beyond what this clause allows; must not distribute, rent, lease, sublicense, or make the App or the Firmware available to a third party except as part of a permitted transfer of the camera under clause 4; and must not reverse-engineer, decompile, or disassemble the App or the Firmware, except where you need specific information to make an independently created program work together with the App or the Firmware, that information is not already available to you, and you asked Fernlook for it first. Information obtained this way may be used only to make the two programs work together, may be passed to a third party only where that is necessary for the same purpose, and must not be used to build a program that competes with the App or the Firmware or copies its expression.
EU consumers and EU business customers: the three restricted acts reserved to Fernlook are reproduction (permanent or temporary, in whole or in part, by any means, including the incidental reproduction that loading, displaying, running, transmitting, or storing the App needs); translation, adaptation, arrangement, or any other alteration, and reproducing the result; and distribution to the public, including rental, of the original or of copies (Art. 4(1), points (a) to (c), Directive 2009/24/EC). You keep three exceptions this licence does not block: a back-up copy necessary for use you are entitled to make (Art. 5(2)); observing, studying, or testing the program's functioning, through acts you are entitled to carry out (Art. 5(3)); and decompilation for interoperability on the three stated conditions above (Art. 6(1) to (3)). A clause purporting to exclude any of these three has no effect to that extent (Art. 8, second paragraph).
Germany: the same four restricted acts are tracked under UrhG's own numbering: reproduction, including incidental reproduction (§ 69c Nr. 1 UrhG); translation, adaptation, arrangement and alteration (§ 69c Nr. 2 UrhG); distribution including rental (§ 69c Nr. 3 UrhG); and public communication (§ 69c Nr. 4 UrhG). A contract term in conflict with any of the user-side exceptions (§ 69d Abs. 2, 3, § 69e UrhG) is void (nichtig), not merely unenforceable against you (§ 69g Abs. 2 UrhG).
US: the App and Firmware are licensed, not sold, to you. Where you own the physical copy of the App installed on your device, you may, under 17 U.S.C. § 117(a), make or authorise one new copy or adaptation that is either an essential step to run the App and used in no other way, or purely archival and destroyed once your possession stops being rightful; this copy may be transferred only together with the original copy and only as part of a transfer of all rights.
Legal basis: references/clauses/licence-grant.md.
4. Transferring your licence when you sell or give away your camera¶
[Assumption per OP-7 in open-points.md: the licence is tied to the camera as a bundled feature of the hardware and transfers with it. Confirm with the client before publishing; if the licence is instead personal to the original purchaser regardless of hardware transfer, delete this clause 4 and state that instead, subject to the EU drafting note below.]
Because you paid a one-off price for the camera and the App licence that comes with it, for an unlimited period, this is a sale, not a time-limited rental, for the purposes of the EU software distribution right. If you sell or give away your camera to someone else inside the European Union or European Economic Area, you may transfer this licence as a whole to that person, provided you stop using the App yourself and delete or destroy every copy you kept, including any update or patch merged into it, at the time of the transfer. The person you transfer it to then has the same rights and obligations under this agreement that you had.
EU consumers and EU business customers: where the arrangement combines a one-off fee with a permanent, unlimited-duration right to use the copy, this is a sale for the purpose of the EU distribution right regardless of what this licence calls itself; the rightholder's distribution right for that copy then exhausts within the Union, a "non-transferable" label does not block resale, and the acquirer on resale is a lawful acquirer in their own right, entitled to run the program without a licence agreement running directly with Fernlook (Case C-128/11, UsedSoft GmbH v Oracle International Corp., paras. 45 to 49, 77, 80 to 85). The transferring party must render their own retained copy unusable at the time of transfer (Case C-128/11, paras. 70, 78 to 79, 87). A firmware or app update merged permanently into the copy does not break this: exhaustion extends to the updated copy too (Case C-128/11, paras. 66 to 68).
Germany: § 69c Nr. 3 Satz 2 UrhG states the same EU-law exhaustion rule for a sale inside the EU or EEA with the rightholder's consent; the rental right alone never exhausts.
US: state plainly that the App and Firmware are licensed, not sold, to you; a copy or adaptation made under 17 U.S.C. § 117 may be transferred only together with the original copy and only as part of a transfer of all rights in the program (17 U.S.C. § 117(b)). [The US module does not need an EU-style forced transfer right; Fernlook may instead state the US licence is personal and non-transferable if that is its commercial intent for US sales. Confirm with the client which structure applies for US buyers.]
Legal basis: references/clauses/licence-grant.md, Drafting notes (C-14 in references/conflicts.md).
5. Firmware updates¶
Fernlook supplies firmware updates to your camera over the air for as long as Fernlook supports your camera model, which Fernlook will state on its website as [support-window placeholder -- see OP-6 in open-points.md]. Updates may add features, fix defects, or address security issues. Fernlook will tell you when an update is available and, where declining it would affect the camera's functionality or security, what happens if you do not install it.
EU consumers: for goods with digital elements, Fernlook keeps the camera updated, including with security updates, for the contract's stated period or the period a consumer may reasonably expect for a product of this kind and purpose, whichever is longer (Art. 7(3), (4) Directive (EU) 2019/771). Fernlook tells you when an update is available and what happens if it is not installed. If you do not install an update within a reasonable time after being told, Fernlook is not responsible for a problem that comes only from the update being missing, unless Fernlook's installation instructions were themselves unclear or wrong.
Germany: the contract fixes the period during which agreed updates will be provided, since that period itself becomes part of the subjective-requirement benchmark (§ 475b Abs. 3 Nr. 2 BGB); the update duty runs for the period an average, reasonable consumer would expect given the product's kind and purpose, with a two-year floor from delivery for continuous provision regardless of a shorter contractual period (§ 475c Abs. 1, 2 BGB).
US: Fernlook makes no separate written warranty regarding firmware updates beyond what section 6 states; an untimed update commitment with no tied performance level is not itself a Magnuson-Moss written warranty (15 U.S.C. 2301(6)).
Legal basis: references/clauses/warranty-and-conformity.md.
6. Conformity and warranty¶
Fernlook supplies the camera, the App and the Firmware so that they match what this agreement and your order describe and promise, and, on top of that, have the quantity, quality, and performance a consumer may reasonably expect for a product of this kind, including its usual functionality, compatibility, durability, and security.
If the camera, the App or the Firmware does not match what this clause promises, you can ask Fernlook to fix it. For the camera hardware, you choose between repair and replacement; Fernlook may decline your choice only where it is impossible or clearly disproportionate compared with the other option, and must then offer that other option instead. The fix is free of charge, happens within a reasonable time, and causes you no significant inconvenience. If the fix does not happen in time, fails, or Fernlook refuses or will clearly not do it, you can ask instead for a price reduction, or can end the contract unless the problem is only minor.
If you end the contract for this reason, Fernlook pays back what you paid within 14 days, using the same payment method you used, with no extra fee; you send the camera back at Fernlook's expense, and Fernlook may hold the refund until it gets the camera back or proof it was sent.
EU consumers: state both conformity layers together: the contract's own promise (description, quantity, quality, stated purpose, agreed accessories, instructions and updates) and the objective floor that applies regardless of the contract's wording (normal use, usual durability, the qualities a consumer may reasonably expect) (Art. 5 to 9 Directive (EU) 2019/771 for the camera as goods with digital elements; Art. 6 to 9 Directive (EU) 2019/770 for the App as digital content). The camera's firmware is a digital element of goods within the sales contract, not a separate digital-content contract, so the seller's duty to supply conformity and security updates sits inside this one conformity clause (SGD Art. 2(5)(b), 3(3), 7(3)). State the liability period as at least two years from delivery (Art. 10(1) Directive (EU) 2019/771). Because this contract is concluded for the March 2027 launch, which is after 31 July 2026, add that choosing repair as the remedy extends the liability period once by 12 months, and disclose that possible extension, together with your choice between repair and replacement, before the remedy is carried out (Art. 10(2a), 13(2a), as amended by Directive (EU) 2024/1799). Give the consumer the choice between repair and replacement for the camera as goods; decline the choice only where it is impossible or disproportionate (Art. 13(2), (3)).
Germany: use the German terms for the two conformity layers (vertraglich vereinbarte Beschaffenheit and the objective requirements) (§ 434 Abs. 1 to 3 BGB for the camera; § 327e Abs. 2 BGB for the App). Before Nacherfüllung, tell the consumer of the choice between repair and replacement and that choosing repair extends the limitation period once by 12 months (§ 475 Abs. 4 BGB). State the limitation period as two years from delivery for the general case (§ 438 Abs. 1 Nr. 3 BGB), with the five further consumer-sale floors in § 475e BGB layered on top where they apply (twelve months after continuous digital-element provision ends; twelve months after an update-duty period ends; four months after a defect first shows up within the general period; two months after a cured item is handed back; a one-time twelve-month extension once Nacherfüllung is rendered by repair).
US: [the client has not indicated it will issue a written warranty beyond the statutory conformity floor stated above; if Fernlook issues a separate written warranty document, caption it conspicuously as either "full (statement of duration) warranty" or "limited warranty" (PW-US-FED-4), with no other designation, and do not use the full designation unless the warranty actually meets the federal minimum standards (15 U.S.C. 2304(a)(1) to (4), 2304(e)). For a limited warranty costing the consumer more than $15, include the nine Part 701 disclosure items (16 C.F.R. 701.3(a)(1) to (9)), and pair any implied-warranty duration limit with PW-US-FED-1, any consequential-damages exclusion with PW-US-FED-2, and every warranty with PW-US-FED-3.]
Legal basis: references/clauses/warranty-and-conformity.md; references/eu/repair.md for the separate manufacturer repair duty, flagged here but not restated, since the camera is not yet confirmed to fall within a product group listed in Annex II of Directive (EU) 2024/1799 -- see open-points.md.
7. Liability and disclaimers¶
Nothing in this agreement limits or excludes a liability that the law does not let Fernlook limit or exclude. In particular, nothing here limits Fernlook's liability for death or personal injury, for its own fraud or intentional wrongdoing, for a grossly negligent breach of duty, for a negligent breach of a duty essential to this contract, or for liability a specific statute states cannot be contracted away.
Outside what the paragraph above protects, Fernlook's liability for a negligent breach of a duty that is not essential to this contract is limited to the loss that was foreseeable and ordinary for a contract of this kind. Fernlook is not liable for indirect or consequential loss, including lost profit or lost data, except where the paragraph above says this clause cannot limit that liability.
Fernlook is not liable for a problem caused by your own misuse of the camera, the App or the Firmware, by unauthorised changes to them, or by a cause outside Fernlook's control, unless the law says this clause cannot exclude that liability.
EU consumers: state the floor first: nothing reaches liability for death or personal injury caused by Fernlook's own act or omission (Annex point (a) UCTD), and nothing unduly excludes your legal rights for non-performance (Annex point (b) UCTD). The camera and its firmware are products within the Product Liability Directive's meaning; nothing in this agreement limits Fernlook's, or any other liable economic operator's, statutory liability toward an injured natural person under that Directive (Art. 15 Directive (EU) 2024/2853). Record in the annotations (see annotations.md) that firmware is a product under that Directive, and that Fernlook, as a manufacturer that keeps the ability to supply updates, is not exempt for a defect caused by a firmware update or by a missing security update within its control (Art. 4(1), 11(2), point (c)).
Germany: no clause excludes or limits liability for death, personal injury or health harm from a negligent breach by Fernlook or an intentional or negligent breach by its representative or vicarious agent, with no carve-out of any kind (§ 309 Nr. 7 Buchst. a BGB); no clause excludes or limits liability for other damage from a grossly negligent breach, subject only to the named transport-tariff and state-approved-lottery carve-outs (§ 309 Nr. 7 Buchst. b BGB).
US: [draft a conspicuous as-is/as-available disclaimer and a liability cap paired with a disclaimer of incidental and consequential damages for the US module, with PW-US-FED-1/2/3 attached to any warranty-duration or damages limitation actually stated on a written warranty's face. For a California consumer, this clause does not exempt Fernlook, even indirectly, from its own fraud, willful injury to another's person or property, or a violation of law (Cal. Civ. Code § 1668), and does not require a California consumer to waive a Consumers Legal Remedies Act right (Cal. Civ. Code § 1751).]
Legal basis: references/clauses/liability-and-disclaimers.md.
8. Connected product data (camera diagnostics)¶
Your Fernlook Scout camera is a connected product that generates data about its use and its environment, separate from the wildlife photos it captures: device temperature, battery health, Wi-Fi signal quality, firmware version, and crash logs ("diagnostic data"). Before you set up your camera, Fernlook tells you what diagnostic data the camera generates, that it is generated continuously whenever the camera is online, how long it is stored, and how you can access, retrieve or ask Fernlook to erase it. See the privacy notice for the full detail on this data, since diagnostic data that identifies you or your household is personal data and is handled under that notice's lawful-basis rules, not under this clause alone.
By default, you can access the diagnostic data your camera generates, with the information needed to interpret it, through [the app's diagnostics screen / a request to support@fernlook-optics.test], free of charge, in a structured, commonly used, machine-readable format. On your request, Fernlook makes the same data available to a third party you name, to the same standard and without undue delay, at no cost to you.
EU consumers and EU business customers: give the Art. 3(2) disclosures (type, format and estimated volume of data the camera can generate; that it generates continuously and in real time while online; whether and how long it is stored on-device or remotely; how you can access, retrieve or erase it) before the contract for the camera is concluded, not folded into this agreement after the fact (Regulation (EU) 2023/2854, Art. 3(2)(a) to (d)). Where diagnostic data is personal data, Fernlook processes it only on the basis stated in the privacy notice, and tells you which basis applies to which purpose (Art. 1(5)).
US: no source behind this clause covers a US connected-product data-access right; the access and sharing mechanics above are offered as Fernlook's own practice for US customers too, but are not stated as a US legal requirement.
Legal basis: references/clauses/connected-product-data.md.
9. AI-powered species suggestions¶
The App includes a feature that suggests, as a convenience label on your photos, the likely wildlife species shown, using an on-device artificial intelligence system. This feature does not make any automated decision about a person, does not identify people, and is offered only as a labelling convenience you may ignore or correct.
EU consumers and EU business customers: [Assumption per OP-3 in open-points.md: confirmed no Art. 22(1) automated decision and no emotion-recognition or biometric-categorisation use.] State which Art. 3 role Fernlook plays for this feature (provider, since Fernlook places the feature on the market under its own name) in the annotations. Whether this feature's output is something an Art. 50 transparency duty reaches is not settled here: the feature does not interact with a person through chat or voice and does not generate synthetic audio, image, video or text in the ordinary sense those duties address, but it does produce an AI-generated output shown to the user, and the skill's sources do not resolve whether that is enough to engage Art. 50 on these facts. This is raised as an open point for counsel (see open-points.md, OP-26) rather than drafted as a settled conclusion either way.
US: a disclosure describing what the species-suggestion feature does and does not do must be clear and conspicuous, judged by how a consumer actually perceives it, not buried in this document alone if the feature is also promoted in marketing (FTC Act § 45(n)).
Legal basis: references/clauses/ai-features.md.
10. Age¶
Fernlook Scout is a wildlife and nature photography camera. If you are a consumer setting up a camera for your own household use, you confirm, on first-run setup of the App, that you are not under the age your own country or state sets for giving consent to an information-society or online service, or, where you set it up on behalf of a child, that you are the child's parent or guardian and accept this agreement on their behalf.
EU consumers: where any processing under the App rests on consent and could be offered directly to a child, that consent is lawful only where given or authorised by the holder of parental responsibility, verified by reasonable effort; the applicable floor runs from 13 to 16 depending on the Member State, so the setup flow does not use one hard-coded figure for every Member State it reaches (Art. 8(1), (2) Regulation (EU) 2016/679). [Germany's own figure within this band is not stated in the skill's references -- see open-points.md.]
US: the facts given describe no children's features and nothing aimed at a younger audience, so no COPPA-specific statement or flow is built here (see open-points.md, OP-9). This clause states only the general age confirmation above, not a COPPA compliance representation.
Legal basis: references/clauses/children-and-age.md.
11. Changes to this agreement¶
Fernlook may update this agreement from time to time. Where a change is more than a minor clarification, correction of an error, or adjustment required to keep the App or Firmware lawful, safe or secure, Fernlook will tell you about it in advance, state the reason for the change and when it takes effect, and give you a reasonable period before the change applies.
EU consumers: state a valid reason and the method for any change in this agreement itself; a change clause with no stated reason and no stated method is exposed as unfair under Annex points (j) and (k) UCTD even where notice is given case by case.
Germany: no change clause, including a price or fee change, rests on your silence or continued use with no substantive cap on what can change; this fails even where a separate statute permits deemed consent and a matching termination right is offered, since the two are not separable parts of one clause (BGH, judgment of 27 April 2021, XI ZR 26/20).
US: no change applies to a dispute that already accrued before the change takes effect, and no change binds a person who has only browsed the App without installing or using it (Heckman v. Live Nation Entertainment, Inc., 120 F.4th 670 (9th Cir. 2024)).
Legal basis: references/clauses/changes-to-terms.md.
12. Governing law and jurisdiction¶
This agreement and any dispute arising out of or in connection with it, including a dispute about its existence, validity or termination, are governed by the law of the Netherlands, without regard to its conflict-of-law rules. The courts of Amsterdam, the Netherlands have [exclusive / non-exclusive -- confirm with counsel] jurisdiction to settle any dispute arising out of or in connection with this agreement.
EU consumers: this choice of law does not deprive you of the protection of any mandatory rule of the law that would apply, in the absence of this clause, under the law of the country where you have your habitual residence (Rome I Art. 6(2)). Where Fernlook directs commercial activity to your country (which it does, by selling in Germany, the Netherlands and across the EU), that country's mandatory consumer-protection rules apply regardless of this clause (Rome I Art. 6(1)). You may bring proceedings in the courts of the Netherlands, or, at your own choice, in the courts of your own EU member state of domicile; Fernlook may bring proceedings against you only in the courts of your own EU member state of domicile (Brussels Ia Art. 17(1)(c), Art. 18(1), (2)). This dual-forum statement cannot be narrowed by this agreement.
EU business customers: keep the model wording's choice-of-law sentence as written. State expressly whether the named court's jurisdiction is exclusive or non-exclusive, since silence defaults to exclusive (Brussels Ia Art. 25(1)).
US: [for a US-facing version of this agreement, name the business's chosen US jurisdiction for both law and forum instead of the Netherlands, or state the Netherlands with a US-facing dispute-resolution clause; this is a business choice for the client to confirm -- see open-points.md, OP-22.]
Legal basis: references/clauses/governing-law-and-jurisdiction.md.
13. Dispute resolution¶
Before starting a formal proceeding, you agree to tell Fernlook about the dispute in writing at legal@fernlook-optics.test and give Fernlook 30 days to try to resolve it directly.
EU consumers: you keep an unrestricted right to go to court; nothing in this agreement requires arbitration or limits you to an individual claim. [Germany:] Fernlook states here whether and to what extent it is willing or obliged to take part in proceedings before a consumer arbitration body (Verbraucherschlichtungsstelle): [state the client's actual position -- not yet provided]. Fernlook does not point to the EU Online Dispute Resolution platform, which is discontinued.
US: [arbitration module, if Fernlook wants one for US consumers -- see open-points.md, OP-23] if the dispute is not resolved during the informal period, it will be resolved by binding arbitration on an individual basis rather than in court. The arbitrator may not combine more than one person's claims into a single proceeding. Nothing in this clause waives, in any forum, a California consumer's right to seek public injunctive relief under the Consumers Legal Remedies Act, the Unfair Competition Law, or the False Advertising Law (Cal. Civ. Code § 1751; McGill v. Citibank, N.A., 2 Cal.5th 945). A sexual assault or sexual harassment dispute accruing on or after March 3, 2022 is never routed to predispute arbitration at the claimant's election (9 U.S.C. §§ 401(2), 402(a)).
Legal basis: references/clauses/dispute-resolution.md.
14. Notices, assignment, severability and entire agreement¶
Fernlook will send a notice required under this agreement to the email address on your account or through a message inside the App, unless this agreement states a different channel. A notice to Fernlook goes to legal@fernlook-optics.test.
Fernlook may transfer this agreement to another entity, for example as part of a merger, acquisition, reorganisation or sale of some or all of its assets. Where such a transfer would reduce the guarantees you have under this agreement, Fernlook will tell you before the transfer takes effect and will not make the transfer without your agreement.
If a court or authority finds that a part of this agreement is not valid or not enforceable, the rest of this agreement stays in effect. These terms are the entire agreement between you and Fernlook about the App and the Firmware, and replace any earlier agreement or statement about that subject matter. This does not limit any right you have that the law does not allow Fernlook to exclude by agreement.
EU consumers: state that a notice or confirmation required by this agreement is given on a durable medium: something that lets you store information addressed personally to you, unchanged, for as long as its purpose needs; a bare link to a webpage is never a durable medium on its own (Art. 2(10) Directive 2011/83/EU; Case C-49/11, Content Services). A term letting Fernlook transfer its rights and obligations, where the transfer could reduce your guarantees, without your agreement, is on the UCTD Annex's indicative list of terms that may be unfair (Annex point (p)). Once a court finds a term unfair, it has no power to revise or reduce it; the whole term is disapplied (Art. 6(1) UCTD).
Germany: a clause barring you from assigning a money claim against Fernlook is void outright, with no weighing test (§ 308 Nr. 9 Buchst. a BGB). Where a standard term is invalid, the rest of the contract stays valid and the gap is filled by statutory law, not by whatever this clause itself proposes (§ 306 Abs. 1, 2 BGB).
US: a contract, signature, notice or other record is not denied legal effect only because it is in electronic form (15 U.S.C. § 7001(a)(1), (2)).
Legal basis: references/clauses/notices-and-communications.md; references/clauses/assignment.md; references/clauses/severability-and-entire-agreement.md.
Run references/checklists/eula.md against this finished document before use: it carries the classification questions, the stage-by-stage checks and the Open points to raise that this document alone does not settle, several of which are already carried into open-points.md above.