Terms of use for EIB Consulting GmbH software

The following are the terms and conditions for the use of programs from EIB Consulting GmbH, hereinafter referred to as the Licensor. The software is used by the licensee, who expressly agrees to these terms and conditions.

1. Subject matter of the contract

The subject matter of the contract is the computer program supplied by the Licensor on a data carrier (CD, DVD or similar) or via the Internet, the program description and operating instructions as well as other written material supplied. They are hereinafter referred to as software.

The Licensor expressly points out that, given the state of the art, it is not possible to create software in such a way that it works flawlessly in all conceivable applications and combinations. The subject matter of the contract is therefore only a product that is basically usable in the sense of the description of the software in the operating instructions.

2. Duration of contract

The contract is concluded for an indefinite period. The licensee’s right to use the software expires automatically if he violates a provision of the contract, stops paying the monthly rent or the rental contract (SaaS) is terminated.

Upon termination of the contract, the licensee is obliged to return all material received to the licensor without being requested to do so or to destroy it upon written request.

3. Scope of use

The licensor grants the licensee a simple, non-exclusive, non-transferable license for use on the subject matter of the contract for the duration of the contract.

Use is only permitted on the agreed number of systems simultaneously.

The licensee may not reproduce the software in any form.

4. Special restrictions

The licensee is prohibited from

a) to make the Software or parts thereof available or otherwise accessible to third parties without the prior written consent of the Licensor.

b) to transfer or copy the software to another computer system via a network, a data transmission channel or in any other technical way without prior written consent.

c) to modify, translate or decompile the software in any way without prior written consent.

d) to create works derived from the software.

5. Acquisition of ownership

The licensee receives from the licensor only a time-limited right to use the software. This does not entail the acquisition of rights to the software itself. All rights to the software remain with the licensor.

6. Transfer of the license rights

The license rights to the software may only be transferred to third parties with the prior written consent of the licensor.

7. Reproduction

The software and the associated written material are protected by copyright and may only be used on the agreed computer system(s).

It is expressly prohibited to copy or otherwise reproduce the software in whole or in part, in its original or modified form.

8. Breach of contract

The licensee shall be fully liable for any damage resulting from a breach of this contract, in particular copyright.

9. Warranty and liability

The Licensor warrants to the original Licensee that the Software is free from defects under normal operating conditions and normal use at the time of delivery or acceptance.

For the reasons stated in Section 1, the Licensor assumes no liability for the software being completely free of errors. In particular, the Licensor does not guarantee that the Software will meet the Licensee’s requirements or that it will work together with other programs or computers selected by the Licensee.

If the software is not fundamentally usable within the meaning of 1. above, the licensee has the right to withdraw from the contract.

The Licensee shall immediately notify the Licensor in writing of any defects and shall grant the Licensor the necessary time and opportunity to remedy the defect.

The Licensor shall not be liable for damages unless they are based on intent or gross negligence. Liability towards merchants is also excluded for gross negligence. Liability for consequential damages is excluded insofar as they are not covered by the warranty of characteristics.

10. Miscellaneous

Should individual parts of the contract be invalid, this shall not affect the validity of the entire contract. The provisions that come closest to the meaning of the invalid part shall then apply.

In addition, the General Terms and Conditions of EIB Consulting GmbH shall apply.

The place of jurisdiction for all contracting parties is the registered office of EIB Consulting GmbH.