Licensing conditions


IMPORTANT: PLEASE READ THIS TRIAL TEST EULA ("EULA") CAREFULLY AND ENSURE THAT YOU UNDERSTAND IT BEFORE ACCEPTING YOUR TERMS. HAUERTMANN IT-CONSULTING IS ONLY WILLING TO LICENSE THE TRIAL VERSION OF THE SOFTWARE IF YOU ACCEPT ALL OF THE TERMS OF THIS EULA. BY CLICKING THE BUTTON "I AGREE TO THE TERMS AND CONDITIONS" OF THE LICENSE AGREEMENT BY LOADING THE TRIAL VERSION OF THE SOFTWARE OR, BY OTHERWISE, PROMOTING YOUR CONSENT, YOU ACCEPT THIS EULA. THIS EULA BECOMES A LEGAL AND VISIBLE AGREEMENT BETWEEN HAUERTMANN IT-CONSULTING AND YOU. IF YOU DO NOT AGREE TO THESE TERMS, CLICK "CANCEL".


Contract provisions

1. Disclaimer and Limited Warranty:

(1) The sole purpose of this TRIAL version of the Software is to receive feedback on its performance and to identify deficiencies (hereinafter referred to as "testing"). You expressly acknowledge that the TRIAL version of the Software is a test product and may contain bugs, errors, and other issues that could cause the system to malfunction or otherwise interfere with, inter alia, but not limited to, system crashes, interruptions, and data loss. You are cautioned to exercise carefulness and not to rely on the performance or functioning of the TRIAL version of the Software. The TRIAL version of the software is provided free of charge and no warranty is provided for the TRIAL version of the software.

(2) THE TRIAL VERSION OF THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED TO YOU IN THE ISSUE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HAUERTMANN IT-CONSULTING MAKES NO EXPRESS OR IMPLIED WARRANTY, EXPRESS OR IMPLIED, AS TO THE TRIAL VERSION OF THE SOFTWARE OR THE DOCUMENTATION FROM. THIS IS PARTICULAR, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEYOND HAUERTMANN IT-CONSULTING EXCLUDES WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR THE ABILITY OF THE SOFTWARE WITH OTHER PRODUCTS TO INTEGRATE.

2. Trial test license

(1) In connection with this Agreement, and subject to the restrictions herein, Hauertmann IT-Consulting hereby grants you a royalty-free, limited, nonexclusive, non-transferable license. (i) The TRIAL version of the Software must be installed only and exclusively on any physical or virtual device (s) that you own and are controlled by you. (ii). The TRIAL version of the software may only be copied, used and duplicated for testing purposes; however, under no circumstances may the TRIAL version of the Software be used on or as part of a production system.

(2) Hauertmann IT-Consulting reserves the right, from time to time in its sole discretion, to revise, supplement or delete any parts of the documentation, parts of computer software programs, files or other components of the Trial version of the software. In addition, Hauertmann IT-Consulting is entitled, at any time and from time to time, to change or make available in its sole discretion updates or upgrades to the Trial version of the Software or components thereof. You agree and acknowledge that no Hauertmann IT-Consulting products or services not expressly described in this Agreement have been licensed to you hereunder.

(3) You may not grant the same sublicenses in respect of the TRIAL version of the Software or any component thereof.

(4) With the exception of the license rights granted to you under this Agreement, you have no rights, title or interest in the TRIAL version of the Software or any of its components, including limitation, documentation or patents, copyrights, trade secrets, trademarks, topographies , Inventions, source codes, object codes, associated program listings and documentation. This also applies to all changes, modifications, paraphrases and derivative works of the same in any form.

(5) You expressly agree and acknowledge that Hauertmann IT-Consulting only provides you with the TRIAL version of the Software in accordance with the provisions of this Agreement in object code and that you have no right to access the source code of the TRIAL version of the Software or any components thereof, or any updates or upgrades to the TRIAL version of the Software.

(6) You are expressly prohibited from revising, modifying or otherwise modifying the object code of the TRIAL version of the Software, or attempting to decompile or attempt to reverse engineer or otherwise generate source code versions thereof (hereinafter referred to as "Decompile"), unless with the written permission of Hauertmann IT-Consulting or if this is expressly permitted by applicable mandatory law. If you wish to reverse engineer, decompile or disassemble the computer program (hereinafter referred to as "decompilation") in order to achieve interoperability with other computer programs, as permitted by law, you must contact Hauertmann IT-Consulting prior to decompiling the computer program and to request the information required to achieve such interoperability. If Hauertmann IT-Consulting provides this information regarding interoperability without culpable hesitation, you are not entitled to decompile the computer program.

(7) You are expressly prohibited from removing or altering any copyright, other proprietary rights or serial numbers and other features used to identify the TRIAL version of the Software. The removal of copy protection or similar protection functions is not permitted.

3. RUNTIME

(1) The term of this Agreement begins upon your acceptance of the terms of this TRIAL TEST EULA and ends with (i) expiration of the license in accordance with the Product Description or, if earlier, (ii) the termination of this Agreement by Hauertmann IT-Consulting for any reason, (iii) the initial public release of a commercial version of the TRIAL version of the Software or (iv) the discontinuation of the TRIAL version of the Software by Hauertmann IT-Consulting.

(2) Upon expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement cease immediately and you must immediately stop using the TRIAL Version of the Software.

4. Limitation of Liability

(1) IN NO EVENT SHALL HAUERTMANN IT-CONSULTING BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIABILITY FOR DAMAGES OF ANY KIND OF NEGLIGENCE ,

PARTICULAR DAMAGES FOR LOSS OF WORK, LOSS OF DATA, FAILURE OR MALFUNCTION OF COMPUTERS OR ANY OTHER DAMAGES OR LOSS IS EXCLUDED.

IN NO EVENT WILL HAUERTMANN IT-CONSULTING BE LIABLE FOR ANY DAMAGES, EVEN IF HAUERTMANN IT-CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(2) The aforementioned limitations of liability also apply to all representatives of Hauertmann IT-Consulting, in particular with regard to their managing directors, members of the Supervisory Board, legal representatives, employees and other vicarious agents.

5. Privacy

(1) By concluding this EULA, you agree to the validity of the Hauertmann IT Consulting Privacy Policy in its currently valid version. You can view the Hauertmann IT Consulting Privacy Policy at www.hauertmann.net.

(2) Hauertmann IT-Consulting may collect the following data: product family, type of update program, number of customers, product name, product ID and product version, product language, product build version, version of the built-in recognition system, operating system, operating system language, operating system version, license type, License serial number, license expiration date, date of first installation. This information is used to provide our services and to inform you about product upgrades, new products and services, offers and other information.

(3) If you need further information or privacy concerns, please send an e-mail to the product manager tobias.schmidt@hauertmann.net

6. Governing Law and Jurisdiction

This EULA is governed by German law, and all actions under this agreement must be brought before the court of jurisdiction Paderborn and you agree to the exclusive jurisdiction in these courts.

7. Miscellaneous

(1) This EULA is governed by German law, and all actions under this agreement must be brought before the court of jurisdiction Paderborn and you agree to the exclusive jurisdiction in these courts.

(2) A waiver of provisions of this agreement shall only be deemed to have taken place if a written waiver signed by an authorized representative of Hauertmann IT-Consulting has been given.

(3) If the invalidity of individual EULA regulations is determined, the remaining provisions of this EULA remain fully effective. Insofar as an otherwise ineffective provision can be interpreted as being effective, it shall be interpreted in this way.

(4) All rights not expressly defined in this agreement are reserved by Hauertmann IT-Consulting.

(5) The descriptive headings in this EULA have been added for ease of reading and the interpretation of this EULA is not restricted or otherwise affected by them.

(6) You may not assign your rights under this EULA without the express written consent of Hauertmann IT-Consulting.

8. Provisions for licenses under German law

(1) Regardless of the legal nature of the claim in question, any claims for damages and claims for reimbursement of expenses incurred in vain shall be subject to the following:

(2) Hauertmann IT-Consulting is liable to you for all damages that you incur due to grossly negligent or intentional behavior of Hauertmann IT-Consulting, if the claim for damages exists due to one of the following facts: (i) culpable injury to life, limb or health, (ii) assumption of a warranty by Hauertmann IT-Consulting or (iii) liability in accordance with the Product Liability Act.

(3) In all other cases the liability for damages of Hauertmann IT-Consulting is limited to the violation of cardinal obligations. Cardinal obligations are only those obligations whose fulfillment makes the proper execution of the contract possible and on whose fulfillment the customer may rely.

(4) In case of a negligent breach of cardinal obligations by Hauertmann IT-Consulting, the liability of Hauertmann IT-Consulting is limited to foreseeable, contract-typical damages.

(5) If Hauertmann IT-Consulting provides the products or services for a limited period of time, a liability of Hauertmann IT-Consulting for any defects existing at the conclusion of this agreement pursuant to § 536a (1), alternative 1, BGB shall hereby become expressly excluded.

(6) UNDER NO CIRCUMSTANCES SHALL HAUERTMANN IT-CONSULTING BE LIABLE TO YOU OR TO ANY THIRD PARTIES, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, FOR ANY DAMAGES; INCLUDING LOST PROFITS, LOSS OF SAVINGS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE TRIAL VERSION OF THE SOFTWARE THAT SUBJECTS THE PROVISIONS OF THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAUERTMANN IT-CONSULTING IS NOT RESPONSIBLE FOR THE LOSS OF DATA. IT SHALL BE BOUND BY ITS OBLIGATION TO USE THE TRIAL VERSION OF THE SOFTWARE FOR ANY OTHER PURPOSES AS A TESTING PURPOSE AND ON ANY OTHER SYSTEM OTHER THAN THE TEST SYSTEM REFERRED TO IN PARAGRAPH 2 ABOVE.

(7) The aforementioned limitations of liability also apply to all representatives of Hauertmann IT-Consulting, in particular with regard to their managing directors, members of the Supervisory Board, legal representatives, employees and other vicarious agents.

8.2 The above paragraph 6 is completely replaced by the following provision:

(1) For this TRIAL-TEST-EULA and all disputes arising out of or in connection with this TRIAL-TEST-EULA, the law of the Federal Republic of Germany shall apply excluding the UN Convention on the International Sale of Goods of 11 April 1980 (CISG).

(2) If you are an entrepreneur, the exclusive place of jurisdiction for all disputes arising out of or in connection with this TRIAL-TEST-EULA is the registered office of Hauertmann IT-Consulting. Hauertmann IT-Consulting reserves the right to sue you at your place of business.

9. Definitions

(1) Hauertmann IT Consulting - refers to Hauertmann IT Consulting, Hafenpromenade 3a, 44263 Dortmund, Germany

(2) Trial Version Software - means a preliminary version of the software program of Hauertmann IT-Consulting, whose development is not yet completed. The TRIAL version of the Software includes (i) all related updates and upgrades that Hauertmann IT-Consulting provides to you, and (ii) all accompanying documentation and (iii) all accompanying services, Hauertmann IT-Consulting through its website or provides other communication channels.

(3) Device - means any electronic device that can process data using a programmable calculation rule.

(4) Documentation - means written materials, in printed or electronic form, that describe the functionality of the Software and / or the Updates and Upgrades and that are intended to assist you in the effective use of the Software, Updates and / or Upgrades. Such documentation does not change the provisions of this EULA.