End-User License Agreement for Lobster Learn.

1. Validity of the EULA

1.1 The EULA applies to the use of the software in the context of training and educational content for Lobster Software products. The provider’s General Terms and Conditions apply, which can be viewed at:
1.2 In the event of discrepancies or contradictions between the EULA and the provider’s General Terms and Conditions, the provisions of this EULA shall take precedence.
1.3 By registering for the Software, and certainly by using it, the user agrees to the terms of the EULA. If the user does not accept these terms, they are not entitled to use the software.

2. Granting of License

2.1 The Provider grants the User a non-exclusive, non-transferable, revocable license to use the Software for educational and training purposes.

3. Restrictions on Use

3.1 The user is authorized to use the software for its intended purposes. Simultaneously, the user commits to the provider to refrain from any prohibited use.
3.2 Software markings, including but not limited to copyright notices, trademarks, logos, serial numbers, and similar identifiers, must not be removed, altered, or obscured.
3.3 The user is prohibited from sharing their access credentials or granting unauthorized access to third parties.

4. Data Protection and Data Processing

4.1 When using the software, only the following personal data is processed and transferred to the software manufacturer Skilljar, a cloud-based learning management platform:(i) first name, (ii) last name, and (iii) email address.This data is used solely for the provision and administration of the training platform. Since Skilljar is based in the USA, the processing of this personal data complies with applicable US data protection laws rather than the GDPR. By using the software, the user consents to the transfer and storage of their data in the USA.

5. Warranty and Liability

5.1 The software is provided “as is,” without any guarantees of being error-free or suitable for specific purposes. The provider’s liability is limited to instances of intentional misconduct or gross negligence. 5.2 If damage is caused by both the provider and the user, the user’s contributory negligence will be taken into account, in accordance with § 254 of the German Civil Code (BGB).

6. Term and Termination

6.1 This EULA shall remain in effect until terminated by either the Provider or the User. In the event of a breach of the terms and conditions, the Provider reserves the right to terminate the User’s access to the software at any time.

7. Final Provisions

7.1 Should individual provisions of the EULA be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Any General Terms and Conditions that are not included or are invalid shall be replaced by statutory law (Section 306 (2) BGB). In all other respects, the parties shall replace the void or ineffective provision with an effective provision that comes as close as possible to it in economic terms, unless a supplementary interpretation of the contract takes precedence or is possible.
7.2 Any amendments or supplements to this EULA must be made in writing to be effective.
7.3 This EULA and its interpretation shall be governed by German substantive law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. The exclusive jurisdiction for all disputes arising under or in connection with this contract, including questions of its validity, shall be the courts located in Munich, Germany.