The use of our software is subject to the following license conditions. By installing the software, you accept this knowledge and content licensing terms explicitly. Different and / or supplementary agreements require the express written permission of à la carte software.
1. Scope of license
You may use the software with the licensed number of access options (network / RDP clients or other data collection devices) in one instance on a server or cluster or a single device solely for their own operational purposes of your business (as evidenced by the licensee) to use (main license). The program component of enterprise resource may only be used for services to third parties if this was taken into account when licensing in the number of rooms. Third parties for the purposes of this Regulation are also affiliates, subsidiaries, branches or subsidiaries of your company. The prerequisite is that this is the same owner, managing director or partner. A network workstation license for each concurrent access is required. The Software is used on a computer when it is in the random access memory (ie RAM) or installed on a permanent memory (eg hard disk or other storage device) is installed. You are also entitled, if this should be necessary to secure further use of the software to create a backup copy of the software. In all other regards the rights of the provisions of the Copyright Act supplementary application.
2. Update / service contract
a) the conclusion of a paid update and service contract is possible with the purchase of the software. The user fee for the recency service is provided at the beginning of a new usage period (quarter) into account. Certain program features are subject to the software maintenance, ie they are available only during the term of a valid update contract. These include in particular the support (data transfers) for interfaces to and from other manufacturers (directly and indirectly) such as particularly to Channel Manager and the data consistency and data repair functions. Adaptation to new requirements for interfaces with third-party manufacturers are only possible in the current version of the program.
b) Alternatively, the rent of the current software version is possible. To this end, the conclusion of a paid software lease is required. The rent will be billed to you quarterly in advance. During the term of a valid software lease you always have the latest version of the software with all program functions according to your rented variant (easy / standard / pro) available. After termination of the contract you are no longer entitled to use the software.
c) The minimum contract duration of the update / service contract (a) shall be 24 months at the end from the contract, the software lease (b) 12 months at the end from the contract, then the contract is automatically renewed for another 12 months if you do not three months prior written notice (date as per postmark). The company à la carte software is entitled to a contract for good cause, especially if you violate this license agreement, or in default of payment, to terminate with effect from an earlier date.
The amount of fees and charges under the Update / Servicevertarges or a software lease is based on the agreed upon scope of use in conjunction with the current price list and results from the order confirmation the company à la carte software.
4. Warranty / Maintenance
The company à la carte software ensures that the products in terms of the respective program description useful and the benefits are properly, especially that the software media and documentation do not contain errors that the value or the suitability for normal or cancel or reduce according to the treaty intended use. The warranty period for sales contracts is 12 months for entrepreneurs and begins with the delivery or provision of goods or services. As part of the update / Servicevertarges or a software lease, the current software version is maintained during the entire contract period, ie the usability of the software is ensured in accordance with the specifications. You are required to support the company à la carte software for fault detection and removal of defects and to create desired auxiliary information or to make available. The company à la carte software is entitled to avoid a possibly occurring error, if this is to eliminate itself only with disproportionate effort and this does not substantially suffers the use of the software. If a defect, the company will repair the software à la carte software according to their own choice within a reasonable time or provide an error-free software. In the case of a complaint, you are obliged to software, data media or documentation including verifiable records or documents with respect to the alleged deviation of firm à la carte software for inspection and possible to forward the deficiencies. In advertisements, brochures, documentation and similar writings made ??figures are descriptions represent the software and do not contain any guarantee of the performance of the product. Company à la carte software makes no warranty or maintenance for any defects that are due to a change or edit the software by the customer or on a non meet the specifications or other improper use of the software. Manage the repair or replacement, either within this period or a reasonable grace period, you are entitled to reduce the performance of your choice price is reasonable or to terminate the contract; Damages is excluded.
For damages arising from injury to life, body or health, the Company shall be liable software à la carte by the statutory provisions. For other damages, they shall be liable (subject to the next sentence) only for intent and gross negligence. For other damages based on a breach of a contractual obligation, the company adheres software à la carte for simple negligence, but limited to the time of the infringement foreseeable damage. Liability under the product liability law remains unaffected by the above provisions. You are required to use provided updates, patches and / or service packs for the software, and before you install the software and then periodically, and especially before you make a change to the hardware or software environment to back up your data. Unless you meet the contributory negligence by the breach of contractual obligations or by you or a third party modifications made to the software or by improper handling or incorrect operation of the product, the company Software is not liable à la carte. You is not responsible for the selection, installation and use, and the intended results of the software. Additional expenses in the settlement, arising from the fact that the contract was brought to a place other than the place of delivery shall be borne by you.
6. Illegal use
Each access to the software and the databases must only be of à la carte licensed software accessibility (especially network and / or RD-client or other data acquisition devices) from, any other type of access is permitted. The use of network clients via a remote application or a service that is subject to other computer executable or bootable on a computer, and so, for example, to requests from other computers "waiting" and it can perform, is inadmissible. This type of access must be licensed as a network workstation separately. It not installed versions, but only the concurrent requests are taken into account. You are not authorized to use the software outside of your company or for business purposes other than their own or a third party, do not belong to your company, to enable the use of the Software or transfer the software to temporarily or permanently to a third party. Third in this sense Unless otherwise expressly agreed also branches of the customer or its related companies. Without the written permission of à la carte software you are not entitled to make going out copies of the documentation of the original software, or backup via the above permission; the software or documentation, rent, sublicense, or to put in not expressly allowable way to third parties or to any third party. Any form of transfer, sale, lending or other transfer of individual programs or files or portions of the Software is prohibited and will void the license. It is not allowed to modify the software or documentation, modify or adapt (this prohibition applies, among other things, for translating, modifying and re-using the product in parts), reverse engineer, decompile or disassemble. Furthermore, should the à la carte software Copyright and à la carte software trademark notices (HOPE) neither changed nor removed.
The software needs to use the firm à la carte custom software bound to be activated, this is the transmission-company and / or personal data necessary to the company à la carte software. The collected data are stored for the purpose of activation and fulfillment and protected under the federal Privacy Act. You will not be disclosed to third parties for advertising purposes.
The Software and accompanying documentation are copyrighted program. All rights not specifically granted in this license agreement are reserved by copyright. The law of the Federal Republic of Germany. Jurisdiction for contracts with companies is 74821 Mosbach. If any provision of this License Agreement be wholly or partially invalid or incomplete or, as the validity of the remaining provisions shall not be affected.
These license terms apply to later versions and additions to software that is provided to the customer under the recency service or an all-in-one contract of the firm à la carte software, if not at release of each subsequent version or extension individual agreements deviating.
à la carte software