openqrm Enterprise Server and Client Licenses Agreement

Size: px
Start display at page:

Download "openqrm Enterprise Server and Client Licenses Agreement"

Transcription

1 openqrm Enterprise Server and Client Licenses Agreement (1) This openqrm Enterprise Server and Client License Agreement ( Agreement ) is by and between openqrm Enterprise GmbH, Berrenrather Strasse 188c, Cologne, Germany, and the Customer as identified on the Order Form on the use of openqrm Software. (2) openqrm Software is a client-server-based platform to manage and automate complete Datacenter Workflows. (3) This Agreement and its annexes shall form the entire Agreement. Conflicting or deviating Customer conditions do not apply, even if openqrm Enterprise GmbH grants licenses in full knowledge of Customer's general terms and conditions. 1. Definitions For the purpose of this Agreement, the following terms shall have the respective meanings below: Client means a physical Computer System which is integrated into and managed by an openqrm Server. Order Form means the applicable openqrm Enterprise GmbH paper based or electronic order form document. Server means each a physical Computer System or a Virtual Machine which actively or passively (in case of a High-availability Setup with two or more Servers) runs the openqrm Base Software providing the openqrm Management User Interface. The openqrm Server manages Clients. Software means the program code of openqrm Enterprise Software that consists of Server Software and Client Software in any form as described in the Order Form and the Software Description, all updates, as well as all documentation linked to the program in question, which are licensed under this Agreement. It is immaterial whether the relevant program code is independently executable or is only a subroutine, a non-standalone program module or a comparable utility program. Updates means patches or releases for maintenance purposes and may include non-significant improvements or functional supplements (e.g. additional drivers). 2. Offers and Contract (1) Customer may order the Server and/or Client Licenses via an Order Form that is provided for download and electronically on the relevant website of openqrm Enterprise. The submittance of an Order Form by the Customer to openqrm Enterprise GmbH shall be considered a binding offer on the part of the Customer. -1

2 (2) The contract is concluded upon the receipt of an electronic order confirmation of openqrm Enterprise GmbH (e.g. via ) by the Costumer that contains a link to the download area of the relevant website of openqrm Enterprise GmbH. 3. Scope and Parts of the Agreement This Agreement governs the licensing of openqrm Enterprise Software and is subject to the terms and conditions of this Agreement. Integral parts of this Agreement by reference thereto are in the following order - Order Form - this Agreement - Software Description and - Price List, as amended. 4. Grant of Rights (1) Server License openqrm Enterprise GmbH hereby grants to Customer the worldwide, non-exclusive, non-transferable right, without limitation in time, to use especially to copy, install and run the Server Software on the number of Servers licensed and to revise, modify or edit the Software for the purposes described in the Software Description, subject to the payment of the agreed one-time Server License fee and to the terms and conditions of this Agreement. (2) Client License If the Customer wants to install and run the Client Software on a Client, Client Licenses must be acquired. Customer may simultaneously install and run the Client Software on the number of Clients corresponding to the number of paid and valid Client Licenses. (3) It is explicitly prohibited to revise, modify or edit the Software in order to circumvent or in any other form manipulate a license check. (4) Unless specified in this Agreement no other rights to use or exploit the Software are granted to the Customer. Customer has, in particular, no right to sell, lease, let, sublicense or to distribute the Software or modify, edit or revise the Software in any way. (5) Insofar as openqrm Enterprise provides the Customer with third party software, specific terms and conditions of the respective licensors may apply to the use of such software. 5. Delivery

3 Software is made available for download at the download area of the relevant website of openqrm Enterprise GmbH. 6. Audit Rights Customer undertakes to allow openqrm Enterprise GmbH or an agent of openqrm Enterprise GmbH to audit whether Customer s use of the Software is consistent with the rights to Customer herein upon request by openqrm Enterprise GmbH and provided there is a legitimate interest therein. Customer will give full co-operation to openqrm Enterprise GmbH or its agent carrying out such audit. Customer shall bear the costs of the audit, provided that the audit determines that Customer has underpaid fees for the period audited in the excess of five percent (5%) of the proper amount owed to openqrm Enterprise GmbH. 7. License Fees (1) Customer has to pay a one-time license fee for each Server License and the fees for the Client Licenses as set forth in the relevant Price List. Unless otherwise stated, all prices are net prices and subject to value added tax at the statutory rate. (2) If an Audit as set forth in Section 6 determines that Customer has at any time of the audited period run the Software on Servers or Clients that exceed the maximum number of Server or Client licenses granted to Customer under this Agreement, openqrm Enterprise GmbH may charge the applicable additional license fees covering so arising at the rates in the relevant Price List as from the first date of the respective exceeding use. Additional Server and Client Licenses shall be deemed to be granted on full payment by the Customer of the applicable additional license fees. (3) License fees and other charges from openqrm Enterprise GmbH are due when invoiced and payable within 14 calendar days of the receipt of invoice by the Customer without deduction on the account stated in the invoice. In case of a delay in payment, openqrm Enterprise GmbH is entitled to charge interest on arrears at 8 %-points (eight percentage points) above the base interest rate. 8. Term and Termination of Client Licenses (1) The term of a Client License starts with the activation of the respective Client License by openqrm Enterprise and expires automatically at the end of the relevant paid license period, without notice. (2) The right to terminate a Client License for cause remains unaffected. A reason, which entitles openqrm Enterprise GmbH to a termination for cause, is given in particular if Customer (a) fails to perform any of its -3

4 material contractual obligations, in particular makes use of the Software in breach of this Agreement, and, provided that where such breach is capable of remedy, fails to remedy such breach within 30 days of being notified of such breach by openqrm Enterprise GmbH; or (b) files a petition in insolvency or has such a petition filed against the Customer (which petition is not discharged within 30 days after filing) or is subject to an insolvency proceeding or a proceeding giving protection against creditors. 9. Warranty (1) openqrm Enterprise GmbH warrants that the Software is substantially in accordance with the specifications as set forth in the Software Description and free from third party rights, which prevent the use of the Software in accordance with this Agreement. (2) Precondition for any warranty claim of the Customer is Customer's full compliance with all requirements regarding inspection and objection of the Software provided for in Section 377 HGB (German Commercial Code). (3) Rights in case of defects shall be excluded in the case of minor or immaterial deviations from the specifications or in the case of just slight impairment of use. Material defects and defects of title shall be remedied by openqrm Enterprise GmbH in reasonable time after being reported to openqrm Enterprise GmbH. Defects shall be remedied by making free subsequent repairs or a free substitute delivery, at openqrm Enterprise GmbH s sole option, in particular by supplying, transmitting or providing an Update or by notification of a work-around. (4) Defects must be notified in writing or electronically (e.g. via ) with a comprehensible description of the error symptoms, as far as possible evidenced by written recordings, hard copies or other documents demonstrating the defects. The notification of the defect should enable the reproduction of the defect. This shall not affect the statutory obligation of openqrm Enterprise GmbH to inspect and notify defects. (5) Updates are provided at openqrm Enterprise GmbH s sole discretion to the Customers for downloading from the relevant website. openqrm Enterprise GmbH will inform Customer in written form or electronically (e.g. via ) about new updates that are ready for downloading and will provide Customer with relevant access data required for logging onto the website, if necessary. Instead of an opportunity to download Updates, openqrm Enterprise GmbH may provide Updates to the Licensee on a suitable data carrier. (6) openqrm Enterprise GmbH does not accept any warranty claims for any defects caused by revision, modification or editing of the Software or improper, incorrect or unauthorized use of the Software, especially in the case of improper, incorrect or unauthorized combination with other software or hardware.

5 (7) openqrm Enterprise GmbH does also not accept warranty claims, if the defect is caused by hardware or software that has not been supplied by openqrm Enterprise GmbH or if Customer does not make use or does make improper or incorrect use of Updates provided by openqrm Enterprise GmbH. (8) Any warranty shall be valid for a period of (12) twelve months as of the date the Customer was granted the right to use the Software according to Section 4.1 of this Agreement. (9) Any claims for damages are subject to the limitations set forth under Section 10 of this Agreement. 10. Liability (1) openqrm Enterprise GmbH shall be liable under the statutory provisions if Customer raises claims for damages based on a wilful act or gross negligence. (2) In the case openqrm Enterprise GmbH is blamed for a minor negligent breach of a principal contractual duty, the fulfilment of which alone makes proper implementation of the contract possible, and the breach of which jeopardises the achievement of the contractual object, and on observance of which the Customer may duly rely, liability of openqrm Enterprise GmbH in damages will be limited to the predictable, typically occurring damage. (3) Liability for loss of data is limited to the typical recovery expense that would have been incurred in case of a regular and risk-adequate storage of data on backup copies by the customer. (4) Liability for culpable loss of life, bodily injury or impaired health and liability under the Product Liability Act remains unaffected. (5) Insofar as the liability of openqrm Enterprise GmbH is limited, this also applies to the personal liability of openqrm Enterprise GmbH s employees, staff members, representatives and servants. (6) Unless stipulated otherwise above, any liability of openqrm Enterprise GmbH is excluded. 11. Confidentiality Each Party will treat as confidential beyond the license term with respect to third parties all items of information, business transactions, and documents that become known to the party in connection with the execution of this Agreement and that have been classified as confidential or by its nature are considered to be confidential ( Confidential Information ). The use of such information shall be limited solely to the scope of this Agreement. A Party will not disclose Confidential Information -5

6 to any third person except, (a) with the written consent of the other Party, (b) if and to the extent required to do so by Law, (c) to its financial or legal advisers in confidence for the purpose of obtaining advice. The Parties will also impose this obligation on their employees and any third parties that have been involved. The obligation to maintain confidentiality shall not apply to information that the Party has proven to have received or to receive lawfully from third parties or that was generally known before the offer was awarded, or has subsequently become known without violating the obligations contained in this Agreement, developed independently of the other Party without using the knowledge gained from this contractual relationship. 12. Final Provisions (1) All agreements adding to or changing this Agreement will be recorded in writing. (2) Details or specifications of the Software on websites, in prospectuses, in the Software Description or in other documents only serve as a description and do not constitute a guarantee, in particular they constitute no guarantee of condition. Guarantees require express confirmation by openqrm Enterprise GmbH in writing. (3) Where this Agreement stipulates the written form, this exclusively means the written form pursuant to 126 BGB. (4) openqrm Enterprise GmbH shall have the right, to make use of subcontractors as long as such use is not contrary to the legitimate interests of the Customer. (5) Customer has no right to retention or to set off, unless the counterclaim is legally established or undisputed. (6) The contractual relationship of the Parties is governed by German law. Exclusive venue is Cologne, Germany. However, openqrm Enterprise GmbH is entitled to sue the Customer at Customer s place of business. The latter does not apply if a deviant, compulsive statutory exclusive venue exists. (7) Should provisions of this Agreement be or become invalid or should a loophole emerge in them, the validity of the other provisions will not be affected thereby. The invalid provisions or loophole in this Agreement will be replaced by an appropriate arrangement that comes as close as possible to what the Parties appear to have intended according to the spirit and purpose of the contract. Cologne, 1 June, 2012 Copyright 2012 by openqrm Enterprise GmbH

Software License Agreement for Beckhoff Software Products

Software License Agreement for Beckhoff Software Products 1 Scope of this Agreement (1) Licensor has agreed with Licensee to grant Licensee a license to use and exploit the software set out in the License Certificate ("Licensed Software") subject to the terms

More information

(1) Our offers are subject to change, unless they are explicitly designated as

(1) Our offers are subject to change, unless they are explicitly designated as General Terms of Sales and Service of MBA Design & Display Produkt GmbH (Status: May 2015) 1 The scope of application (1) Our General Terms and Conditions (GTC) apply exclusively and without further formal

More information

GENERAL SOFTWARE LICENCE TERMS AND CONDITIONS of Fritz & Macziol GmbH Current as of March 2014

GENERAL SOFTWARE LICENCE TERMS AND CONDITIONS of Fritz & Macziol GmbH Current as of March 2014 GENERAL SOFTWARE LICENCE TERMS AND CONDITIONS of Fritz & Macziol GmbH Current as of March 2014 Section 1 Preamble The following software licence terms and conditions stipulate the extent of the rights

More information

Software Licence Terms and Conditions for the Provision of Software of WIELAND Dental + Technik GmbH & Co. KG for an Indefinite Period

Software Licence Terms and Conditions for the Provision of Software of WIELAND Dental + Technik GmbH & Co. KG for an Indefinite Period Software Licence Terms and Conditions for the Provision of Software of WIELAND Dental + Technik GmbH & Co. KG for an Indefinite Period as of: April 2014 A. General License Terms 1. SCOPE 1.1 Object of

More information

1. Content and implementation. 2. Services of Matrix42 GENERAL TERMS AND CONDITIONS OF BUSINESS

1. Content and implementation. 2. Services of Matrix42 GENERAL TERMS AND CONDITIONS OF BUSINESS 1. Content and implementation (1) Parties and subject matter. This contract regulates the legal relationship between Matrix42 AG, Elbinger Strasse 7 in 60487 Frankfurt am Main ( Matrix42 ) and its customers

More information

Terms & Conditions of HYPE Softwaretechnik GmbH ( HYPE ) for HYPE Enterprise Express (Version October 2015) 1 Scope

Terms & Conditions of HYPE Softwaretechnik GmbH ( HYPE ) for HYPE Enterprise Express (Version October 2015) 1 Scope 1 Scope 1 (1) These terms and conditions (the T&C HYPE Enterprise Express ) together with the description of the Software Services provided by HYPE accepted by Customer by completing the HYPE Enterprise

More information

1. Scope of Agreement 1.1 TMG will sell to the Customer the Products defined in an individual agreement between TMG and the Customer.

1. Scope of Agreement 1.1 TMG will sell to the Customer the Products defined in an individual agreement between TMG and the Customer. These General Terms and Conditions - Sales - ("GTC Sales") apply to the sale of products, including but not limited to any kind of equipment, hardware and software ("Products"), by Toyota Motorsport GmbH

More information

General Terms and Conditions of Irlbacher Blickpunkt Glas GmbH

General Terms and Conditions of Irlbacher Blickpunkt Glas GmbH General Terms and Conditions of 1. Scope 1.1 All supplies and services by (in the following: Irlbacher) are subject exclusively to the following terms and conditions: 1.2 Terms and conditions of commercial

More information

XANGATI END USER SOFTWARE LICENSE TERMS AND CONDITIONS

XANGATI END USER SOFTWARE LICENSE TERMS AND CONDITIONS XANGATI END USER SOFTWARE LICENSE TERMS AND CONDITIONS IMPORTANT: PLEASE READ BEFORE DOWNLOADING, INSTALLING OR USING THE XANGATI, INC. ("LICENSOR") SOFTWARE YOU HAVE LICENSED ("SOFTWARE"). BY EXECUTING

More information

Civilserve GmbH Weuert 5, 49439 Steinfeld End User License Agreement for GGU-Software

Civilserve GmbH Weuert 5, 49439 Steinfeld End User License Agreement for GGU-Software I. General Terms and Terms regarding the Purchase of Software 1 Applicable Regulations and Area of Application 1) This offer is addressed to commercial customers only. 2) These general terms and conditions

More information

Terms of Contract and Use Software as a Service Model

Terms of Contract and Use Software as a Service Model Terms of Contract and Use Software as a Service Model These Terms of Contract and Use of Citrix Online Germany GmbH, Erzbergerstr. 117, D-76133 Karlsruhe (hereinafter: Netviewer or Citrix) apply to the

More information

OnSite: Support and Software Maintenance

OnSite: Support and Software Maintenance OnSite: Support and Software Maintenance Responsible for the content: audeosoft GmbH, Kreuzberger Ring 44a, 65205 Wiesbaden, Germany, hereinafter referred to as audeosoft. (Addendum to Terms of use audeosoft

More information

General terms of delivery. for GEUTEBRÜCK system components with GEUTEBRÜCK software

General terms of delivery. for GEUTEBRÜCK system components with GEUTEBRÜCK software General terms of delivery for GEUTEBRÜCK system components with GEUTEBRÜCK software GEUTEBRÜCK GmbH, Im Nassen 7-9, 53578 Windhagen ("GEUTEBRÜCK") develops and distributes video security systems, which

More information

General Terms and Conditions of the Titelbild Subtitling and Translation GmbH, D- 10711 Berlin, Status July 2012. Preamble

General Terms and Conditions of the Titelbild Subtitling and Translation GmbH, D- 10711 Berlin, Status July 2012. Preamble General Terms and Conditions of the Titelbild Subtitling and Translation GmbH, D- 10711 Berlin, Status July 2012 Preamble The present General Terms and Conditions ( GTC ) shall apply to all contracts and

More information

General software license conditions for permanent and temporary software licenses

General software license conditions for permanent and temporary software licenses General software license conditions for permanent and temporary software licenses 1 Subject matter of the agreement 1.1. The conditions on hand rule the licensing and maintenance of the computer programs

More information

Software License Agreement

Software License Agreement Software License Agreement October 26, 2010 Contents 1 Definitions... 3 2 License Concession... 3 3 Scope of Software Agreement and License Restrictions... 3 5 Obligations of the Customer... 5 6 Audit

More information

Conditions for the Provision and Maintenance of Software

Conditions for the Provision and Maintenance of Software of prevero AG, Landsberger Straße 154, 80339 Munich hereinafter prevero Definitions QUOTATION means the document attached hereto as Annex 1 DATA OF THE PRINCIPAL means all material, data and information

More information

PerfectForms End-User License Agreement

PerfectForms End-User License Agreement PerfectForms End-User License Agreement 2011 PerfectForms Page 1 of 12 Contents 1. DEFINITIONS... 4 2. GRANT OF RIGHTS... 4 3. FEES... 5 4. CONFIGURATION... 5 5. INTELLECTUAL PROPERTY... 5 6. TERM AND

More information

END USER LICENSE AGREEMENT DATABASE MANAGEMENT TOOL LICENSE

END USER LICENSE AGREEMENT DATABASE MANAGEMENT TOOL LICENSE END USER LICENSE AGREEMENT DATABASE MANAGEMENT TOOL LICENSE IMPORTANT: BY INSTALLING THIS SOFTWARE THE LICENSEE ACCEPTS THE TERMS AND CONDITIONS CONTAINED HEREIN AND THIS AGREEMENT ENTERS INTO FORCEBETWEEN

More information

HOB_Software_License_en 002 20120508

HOB_Software_License_en 002 20120508 Software License Agreement I. Scope of this Agreement The terms and conditions in this agreement apply to all software sold or provided for use by HOB and only to merchant as stated in sec. 310 para (1)

More information

Specific Program Document ( License SPD )

Specific Program Document ( License SPD ) Specific Program Document ( License SPD ) 1. CA Europe s.a.r.l. ( CA ) licenses to Customer the CA software program(s) listed below under the following terms and conditions. By using the CA Software, Customer

More information

of the company Alzeyer Werkzeugmaschinen Service GmbH (in the following referred to as: AWS GmbH )

of the company Alzeyer Werkzeugmaschinen Service GmbH (in the following referred to as: AWS GmbH ) General Terms and (Service) Conditions of the company Alzeyer Werkzeugmaschinen Service GmbH (in the following referred to as: AWS GmbH ) Status as of July 2013 The following terms and conditions apply

More information

Schweizerische Informatikkonferenz Conférence Suisse sur l'informatique Conferenza Svizzera sull Informatica

Schweizerische Informatikkonferenz Conférence Suisse sur l'informatique Conferenza Svizzera sull Informatica SIK/CSI Schweizerische Informatikkonferenz Conférence Suisse sur l'informatique Conferenza Svizzera sull Informatica General Terms and Conditions of Business for the Purchase of Complete Informatics Systems

More information

EXHIBIT A SOFTWARE LICENSE TERMS AND CONDITIONS

EXHIBIT A SOFTWARE LICENSE TERMS AND CONDITIONS EXHIBIT A SOFTWARE LICENSE TERMS AND CONDITIONS These Software License Terms and Conditions ( Terms and Conditions ) govern the grant of a software license by ( Licensor ), a component of the University

More information

License and Maintenance Agreement

License and Maintenance Agreement License and Maintenance Agreement between you (either an individual person or a single legal entity, hereinafter Customer or You ) and Data Geekery GmbH, Zwinglistrasse 17, 8004 Zürich, Switzerland (hereinafter

More information

General Terms and Conditions of NEC Tokin Europe GmbH

General Terms and Conditions of NEC Tokin Europe GmbH General Terms and Conditions of NEC Tokin Europe GmbH 1 Scope 1.1 These terms and conditions shall apply exclusively to all deliveries, services and quotations from NEC Tokin Europe GmbH hereafter referred

More information

Virtual Private Server Services Specific Terms and Conditions

Virtual Private Server Services Specific Terms and Conditions Virtual Private Server Services Specific Terms and Conditions These Specific Terms and Conditions and ROOT General Terms and Conditions shall be interpreted and applied together as a single instrument

More information

Software Usage Agreement for Beckhoff Software Products

Software Usage Agreement for Beckhoff Software Products Software Usage Agreement for Beckhoff Software Products Page 1 of 6 Software Usage Agreement for Beckhoff Software Products between Licensor: BECKHOFF Automation GmbH Eiserstraße 5 33415 Verl Germany and

More information

Goldschmidt Thermit Railservice GmbH General Terms and Conditions for the Performance of Work

Goldschmidt Thermit Railservice GmbH General Terms and Conditions for the Performance of Work 1. Subject matter Goldschmidt Thermit Railservice GmbH General Terms and Conditions for the Performance of Work Status: 01.07.2014 1.1 These General Terms and Conditions for the Performance of Work (hereinafter:

More information

General Terms and Conditions for Turbines and Steel Water Plants

General Terms and Conditions for Turbines and Steel Water Plants Date: a/14.12.04 Page 1 of 7 I. Quote 1. The documents belonging to the quote, such as figures, drawings, declarations of weight and dimensions shall only be decisive to an approximate extent, unless these

More information

Agreement on Software and Database Terms of Use and Maintenance Terms

Agreement on Software and Database Terms of Use and Maintenance Terms Agreement on Software and Database Terms of Use and Maintenance Terms between Radlabor GmbH, Schwarzwaldstr. 175 D-79117 Freiburg Germany and - hereinafter Provider - the company or natural person, denominated

More information

TestRail Cloud Terms of Service

TestRail Cloud Terms of Service TestRail Cloud Terms of Service Of Gurock Software GmbH (Gurock), regarding the software TestRail Cloud. 1. Subject Matter 1.1 The subject matter of this Agreement is the use of the software TestRail Cloud

More information

General Terms and Conditions of Business of e-spirit AG

General Terms and Conditions of Business of e-spirit AG General Terms and Conditions of Business of e-spirit AG for the purchase and use of FirstSpirit as well as for software maintenance and training services I. Scope These General Terms and Conditions of

More information

Service Conditions. Service Conditions

Service Conditions. Service Conditions Service Conditions These Service Conditions shall apply in addition to SKIDATA s General Conditions. In case of any conflict between these Service Conditions and the General Conditions, these Service Conditions

More information

Dukehoff GmbH user and license terms and conditions for developers for commercial use

Dukehoff GmbH user and license terms and conditions for developers for commercial use Dukehoff GmbH user and license terms and conditions for developers for commercial use 1. General The following terms and conditions regulate the relationship between developers acting in a commercial capacity

More information

SOFTWARE LICENSE AGREEMENT

SOFTWARE LICENSE AGREEMENT SOFTWARE LICENSE AGREEMENT This Software License Agreement (this Agreement ) is entered into as of the installation date of the software by and between Nanotron Technologies GmbH, a German corporation

More information

Dedicated Server Services Specific Terms and Conditions

Dedicated Server Services Specific Terms and Conditions Dedicated Server Services Specific Terms and Conditions These Specific Terms and Conditions and ROOT General Terms and Conditions shall be interpreted and applied together as a single instrument (the Agreement

More information

S o f t w a r e L i c e n s i n g A g r e e m e n t /T e r m s (End-user Licensing Agreement EULA)

S o f t w a r e L i c e n s i n g A g r e e m e n t /T e r m s (End-user Licensing Agreement EULA) Carl Zeiss Industrielle Messtechnik GmbH S o f t w a r e L i c e n s i n g A g r e e m e n t /T e r m s (End-user Licensing Agreement EULA) 1. General 1.1 The Licensor is Carl Zeiss Industrielle Messtechnik

More information

HSS Specific Terms HSS SOFTWARE LICENSE AGREEMENT

HSS Specific Terms HSS SOFTWARE LICENSE AGREEMENT HSS Specific Terms HSS SOFTWARE LICENSE AGREEMENT 1. LICENSE 2. TERMINATION Subject to the terms and conditions of this HSS Software License Agreement (the Agreement ), HSS hereby grants to Client (herein

More information

General Terms and Conditions for the Sale and Delivery of Organizational and Programming Services and Permission to Use Software Products

General Terms and Conditions for the Sale and Delivery of Organizational and Programming Services and Permission to Use Software Products General Terms and Conditions for the Sale and Delivery of Organizational and Programming Services and Permission to Use Software Products 2004 Professional Association of Management Consultants AND INFORMATION

More information

General Selling, Service, Delivery and Payment Conditions of BORGERS USA Corp., Vance, Alabama ( GSC ) (March 2015)

General Selling, Service, Delivery and Payment Conditions of BORGERS USA Corp., Vance, Alabama ( GSC ) (March 2015) General Selling, Service, Delivery and Payment Conditions of BORGERS USA Corp., Vance, Alabama ( GSC ) (March 2015) 1. General Provisions These General Selling, Service, Delivery and Payment Conditions

More information

EcoIntense EcoWebDesk SaaS Terms of Use (2015-10) Page 1 of 7. Terms of Use for the Online Use of EcoWebDesk as a SaaS Solution

EcoIntense EcoWebDesk SaaS Terms of Use (2015-10) Page 1 of 7. Terms of Use for the Online Use of EcoWebDesk as a SaaS Solution EcoIntense EcoWebDesk SaaS Terms of Use (2015-10) Page 1 of 7 Terms of Use for the Online Use of EcoWebDesk as a SaaS Solution A. General information EcoIntense GmbH, represented by its directors, Schreiberhauer

More information

Translation from German. GENERAL TERMS AND CONDITIONS of mangoart GmbH Bräuergasse 11, 4470 Enns, Austria +43 7223 / 912 78, office@mangoart.

Translation from German. GENERAL TERMS AND CONDITIONS of mangoart GmbH Bräuergasse 11, 4470 Enns, Austria +43 7223 / 912 78, office@mangoart. Translation from German GENERAL TERMS AND CONDITIONS of mangoart GmbH Bräuergasse 11, 4470 Enns, Austria +43 7223 / 912 78, office@mangoart.at 1. Applicability; Conclusion of contract 1.1 mangoart GmbH

More information

Terms and Conditions for Embedded Software Products and Embedded Software Services

Terms and Conditions for Embedded Software Products and Embedded Software Services 1 Terms and Conditions for Embedded Software Products and Embedded Software Services I. Delivery of Embedded Software Products of Vector (Standard Software) 1 Scope of Delivery 1.1 Vector shall deliver

More information

1. The place of performance for all aspects of the delivery agreement shall be the place of the commercial business of the seller.

1. The place of performance for all aspects of the delivery agreement shall be the place of the commercial business of the seller. Standard Conditions of the German Textile Industry Version as of: 01/01/2015 1 Scope of Application 1. The standard conditions shall apply solely between merchants. 2. All deliveries and services of the

More information

General Terms and Conditions of the Austrian National Tourist Office

General Terms and Conditions of the Austrian National Tourist Office THIS DOCUMENT CONTAINS AN ENGLISH TRANSLATION OF THE GERMAN VERSION OF THE GENERAL TERMS AND CONDITIONS. ONLY THE GERMAN VERSION IS BINDING. THE ENGLISH TRANSLATION IS NOT BINDING! General Terms and Conditions

More information

5. Conferment of rights and duties resulting from the contract to third parties by the Orderer need prior written affirmation by the Contractor.

5. Conferment of rights and duties resulting from the contract to third parties by the Orderer need prior written affirmation by the Contractor. General Terms and Conditions of INGENERIC GmbH, Dennewartstr. 25-27, 52068 Aachen, Germany Scope of Application The following Terms and Conditions shall apply to all current and future agreements entered

More information

Software Maintenance and Service Conditions for Telephone Support Page: 1 of 8

Software Maintenance and Service Conditions for Telephone Support Page: 1 of 8 Conditions for Telephone Support Page: 1 of 8 Section 1 Subject of Contract Q-DAS accepts responsibility for the maintenance, service and updating of the software listed in the maintenance quotation and

More information

T: +43-(0)590900-3540 F: +43-(0)590900-3178 e-mail: ubit@wko.at http://www.ubit.at

T: +43-(0)590900-3540 F: +43-(0)590900-3178 e-mail: ubit@wko.at http://www.ubit.at Professional Association of Management Consultancy and Information Technology (Fachverband Unternehmensberatung und Informationstechnologie) Wiedner Hauptstraße 63 A-1045 Vienna T: +43-(0)590900-3540 F:

More information

General Terms and Conditions of Business of ipro Consulting GmbH for Services - hereinafter referred to as the Contractor

General Terms and Conditions of Business of ipro Consulting GmbH for Services - hereinafter referred to as the Contractor General Terms and Conditions of Business of ipro Consulting GmbH for Services - hereinafter referred to as the Contractor 1. Scope of applicability 1.1 The following terms and conditions apply exclusively

More information

Standard Conditions of Sale

Standard Conditions of Sale Standard Conditions of Sale 1.) Orders The terms and conditions for sale, delivery and payment as stipulated below apply exclusively to all deliveries to the Buyer made by the Seller. If the Buyer s order

More information

Terms and Conditions of Purchase

Terms and Conditions of Purchase of the firm of Hella KGaA Hueck & Co., Rixbecker Strasse 75, 59552 Lippstadt, Germany, hereinafter called "Hella", and applicable to the supply of all goods and services by the Supplier to Hella, hereinafter

More information

GENERAL TERMS AND CONDITIONS OF PURCHASE

GENERAL TERMS AND CONDITIONS OF PURCHASE GENERAL TERMS AND CONDITIONS OF PURCHASE of EGSTON Eggenburger System Elektronik Gesellschaft m.b.h. and EGSTON System Electronic spol. s.r.o. (hereinafter referred to as "EGSTON") Table of contents Clause

More information

1.3 The Terms are accepted by the Customer upon registration or ordering of the Products or renewal of any such subscription.

1.3 The Terms are accepted by the Customer upon registration or ordering of the Products or renewal of any such subscription. September 2015 WEBCRM SUBSCRIPTION TERMS AND CONDITIONS COMMERCIAL USE ONLY 1. Introduction 1.1 These subscription terms and conditions ("Terms") govern your ("Customer") subscription for and use of the

More information

General Terms and Conditions of Condé Nast Verlag GmbH for Online Advertising

General Terms and Conditions of Condé Nast Verlag GmbH for Online Advertising General Terms and Conditions of Condé Nast Verlag GmbH for Online Advertising 1 Scope of application, Customer Terms and Conditions, Individual Agreements, Future Advertising Contracts (1) The online advertising

More information

General Terms and Conditions GTC

General Terms and Conditions GTC General Terms and Conditions GTC OnlineFootballManager ( OFM ) is an offer by OnlineFussballManager GmbH, Eupener Str. 60, D-50933 Cologne (referred to as OFM GmbH below), consisting of a browser-based

More information

Housing Service Specific Terms and Conditions

Housing Service Specific Terms and Conditions Housing Service Specific Terms and Conditions These Specific Terms and Conditions and ROOT General Terms and Conditions shall be interpreted and applied together as a single instrument (the Agreement ).

More information

General Terms and Conditions for the Sale and Delivery of Software Support Services. 2004 Edition

General Terms and Conditions for the Sale and Delivery of Software Support Services. 2004 Edition General Terms and Conditions for the Sale and Delivery of Software Support Services 2004 Edition Professional Association of Management Consultants AND INFORMATION TECHNOLOGY EXPERTS Austrian Chamber of

More information

CITRIX SYSTEMS, INC. SOFTWARE LICENSE AGREEMENT

CITRIX SYSTEMS, INC. SOFTWARE LICENSE AGREEMENT CITRIX SYSTEMS, INC. SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING CITRIX OR CITRIX-SUPPLIED SOFTWARE. BY DOWNLOADING OR INSTALLING

More information

Terms and Conditions for Embedded Software Products and Embedded Software Services

Terms and Conditions for Embedded Software Products and Embedded Software Services 1 Terms and Conditions for Embedded Software Products and Embedded Software Services I. Delivery of Embedded Software Products of Vector (Standard Software) 1 Scope of Delivery 1.1 Vector shall deliver

More information

Software Support Agreement

Software Support Agreement interactive data visualization, analysis and publication Software Support Agreement Background: Visokio Ltd. has agreed to provide to the Licensee Software Support for the Licensed Programs in return for

More information

General Conditions of Purchase of WINGAS GmbH, WIEH GmbH & Co. KG and its Affiliated Companies Located in Germany for Standard Software 1.

General Conditions of Purchase of WINGAS GmbH, WIEH GmbH & Co. KG and its Affiliated Companies Located in Germany for Standard Software 1. 1. General 1.1 These conditions of purchase form an integral part of all (future) contracts on the delivery of standard software (hereinafter ) between the supplier of standard software (hereinafter Contractor

More information

C-DAC Medical Informatics Software Development Kit End User License Agreement

C-DAC Medical Informatics Software Development Kit End User License Agreement C-DAC Medical Informatics Software Development Kit End User License Agreement BY DOWNLOADING AND INSTALLING, COPYING OR OTHERWISE USING THE CENTRE FOR DEVELOPMENT OF ADVANCED COMPUTING ( C-DAC ) MEDICAL

More information

Citavi End User License Agreement

Citavi End User License Agreement Citavi End User License Agreement By using any part of the Software, you accept all the terms and conditions of this agreement. Please read this agreement carefully before you begin using the Software.

More information

General terms and conditions of business

General terms and conditions of business General terms and conditions of business I. General information, offer and conclusion of contract 1. Consumers within the meaning of these general terms and conditions of business are natural persons with

More information

Toyoda Machinery Europe GmbH Conditions of Sale and Delivery

Toyoda Machinery Europe GmbH Conditions of Sale and Delivery Toyoda Machinery Europe GmbH Conditions of Sale and Delivery - hereinafter: Toyoda - I. Basis of a contract Our business relationships and transactions with companies as defined in 14, 310 of the German

More information

General Terms and Conditions newtron AG

General Terms and Conditions newtron AG General Terms and Conditions newtron AG 1 Subject of the Agreement 1.1 The subject of these General Terms and Conditions is the online use of the trading platform (hereinafter referred to as Use ), which

More information

Licensing terms and conditions of W. GESSMANN GmbH for the supply of standard software

Licensing terms and conditions of W. GESSMANN GmbH for the supply of standard software Licensing terms and conditions of W. GESSMANN GmbH for the supply of standard software IMPORTANT: Please read these terms and conditions carefully before installing and using the software. W. GESSMANN

More information

Terms and Conditions for the Delivery and Maintenance of Software Products

Terms and Conditions for the Delivery and Maintenance of Software Products 1 Terms and Conditions for the Delivery and Maintenance of Software Products I. Delivery of Software Products 1 Scope of Contract 1.1 The software products (hereinafter referred to as the programs ) shall

More information

Lübke & Vogt GmbH & Co. KG General Terms and Conditions of Sale

Lübke & Vogt GmbH & Co. KG General Terms and Conditions of Sale Lübke & Vogt GmbH & Co. KG General Terms and Conditions of Sale 1. General, Scope 1.1 Our Terms and Conditions of Sale shall apply exclusively; contradicting conditions or conditions of the Customer that

More information

Terms of Use/ Disclaimers/ Contract/ Agreement

Terms of Use/ Disclaimers/ Contract/ Agreement Website Development and Ongoing Services Agreement Terms of Use/ Disclaimers/ Contract/ Agreement Between You as the client and WideNet Consulting, LLC as the service provider. By using the services of

More information

WE RECOMMEND THAT YOU PRINT OUT AND KEEP A COPY OF THIS AGREEMENT FOR YOUR FUTURE REFERENCE.

WE RECOMMEND THAT YOU PRINT OUT AND KEEP A COPY OF THIS AGREEMENT FOR YOUR FUTURE REFERENCE. RAPID CONNECT SERVICES(sm) and SPECIFICATION LICENSE AGREEMENT THIS RAPID CONNECT SERVICES AND SPECIFICATION LICENSE AGREEMENT IS BETWEEN FIRST DATA MERCHANT SERVICES CORPORATION ( FDMS ) FDMS AND YOU,

More information

CONTRACT FOR CONSULTANCY SERVICES. Section 1 Form of Contract

CONTRACT FOR CONSULTANCY SERVICES. Section 1 Form of Contract CONTRACT FOR CONSULTANCY SERVICES Equatorial Fidelity Centre 2 nd Floor, Off Waiyaki Way P.O Box 313-00606 Nairobi, Kenya. Tel +254 20 423 5000 Section 1 Form of Contract CONTRACT FOR: [Insert Title here]

More information

NPSA GENERAL PROVISIONS

NPSA GENERAL PROVISIONS NPSA GENERAL PROVISIONS 1. Independent Contractor. A. It is understood and agreed that CONTRACTOR (including CONTRACTOR s employees) is an independent contractor and that no relationship of employer-employee

More information

Partners in Care Welch Allyn Connex Software Development Kit License Agreement

Partners in Care Welch Allyn Connex Software Development Kit License Agreement This Software Development Kit End User ( Agreement ) is between Welch Allyn, Inc. ( Welch Allyn ) and the Customer identified in the purchase order ( Customer or You ), and it governs the Software Development

More information

Search Engine Optimisation

Search Engine Optimisation Search Engine Optimisation Terms & Conditions 1. General 1.1 Jarrett & Lam Consulting (hereinafter JLC) offers Search Engine Optimisation (hereinafter SEO) exclusively under the currently valid Terms &

More information

General Terms and Conditions

General Terms and Conditions General Terms and Conditions 1. General remarks (1) These General Terms and Conditions apply to all legal relations established between the company JUTEC Biegesysteme GmbH (the "Provider"), Ottostr. 22,

More information

Geomant Americas Inc. END USER SOFTWARE LICENSE AGREEMENT

Geomant Americas Inc. END USER SOFTWARE LICENSE AGREEMENT Geomant Americas Inc. END USER SOFTWARE LICENSE AGREEMENT 1.Definitions. The following terms are defined for the purposes of this Agreement as follows: (a) Client shall mean any Reseller provided client

More information

APP SOFTWARE LICENSE AGREEMENT

APP SOFTWARE LICENSE AGREEMENT APP SOFTWARE LICENSE AGREEMENT This App Software License Agreement (the Agreement ) is made by and between AvePoint, Inc., a Delaware company, with offices at Harborside Financial Center, Plaza 10, 3 Second

More information

LS Retail Customer Agreement for Software Products in Microsoft Managed Service

LS Retail Customer Agreement for Software Products in Microsoft Managed Service LS Retail Customer Agreement for Software Products in Microsoft Managed Service This Customer Agreement governs the Customer s use of an LS Retail Software Product (hereafter the Software Product ). The

More information

Additional terms and conditions Enterprise to the conditions of use for d.vinci easy

Additional terms and conditions Enterprise to the conditions of use for d.vinci easy Additional terms and conditions Enterprise to the conditions of use for d.vinci easy 1. General information These Enterprise conditions of use supplement the general conditions of use for the software

More information

General Terms and Conditions

General Terms and Conditions 1zu1 Prototypen GmbH & Co KG, Färbergasse 15, A-6850 Dornbirn T +43 (0)5572 52946-0, F -15, info@1zu1.eu, www.1zu1.eu General Terms and Conditions Färbergasse 15, 6850 Dornbirn, Austria -- in the following

More information

Mobile Banking and Mobile Deposit Terms & Conditions

Mobile Banking and Mobile Deposit Terms & Conditions Mobile Banking and Mobile Deposit Terms & Conditions PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS BEFORE PROCEEDING: This Mobile Banking and Mobile Deposit Addendum ( Addendum ) to the Old National

More information

TC QSign. Symantec Limited Ballycoolin Business Park, Blanchardstown Dublin 15 Ireland Phone: +353 1 803 5400 Fax +353 820 4055 www.trustcenter.

TC QSign. Symantec Limited Ballycoolin Business Park, Blanchardstown Dublin 15 Ireland Phone: +353 1 803 5400 Fax +353 820 4055 www.trustcenter. A. Certification Services 1 Scope of Services 1.1 These General Terms and Conditions on TC QSign cover the providing of all products and services by the, hereinafter called Symantec. Signature cards are

More information

MEDICAL-OBJECTS SOFTWARE LICENCE AGREEMENT

MEDICAL-OBJECTS SOFTWARE LICENCE AGREEMENT MEDICAL-OBJECTS SOFTWARE LICENCE AGREEMENT YOU ARE ABOUT TO ENTER INTO A LEGAL AGREEMENT WITH MEDICAL- OBJECTS PTY LTD ( MEDICAL-OBJECTS ). BY USING ALL OR ANY PORTION OF THE SOFTWARE IN ANY WAY YOU ACCEPT

More information

Terms and Conditions.

Terms and Conditions. Terms and Conditions. 01_Scope a) These terms and conditions apply to all contractual relationships between Proske GmbH or its subsidiaries ("Proske") and its/their customers and suppliers. No differing

More information

General Terms and Conditions for PAI SO Certification Testing Daimler TSS GmbH

General Terms and Conditions for PAI SO Certification Testing Daimler TSS GmbH General Terms and Conditions for PAI SO Certification Testing Daimler TSS GmbH Version 2.2 1. Application of these GTCs Please note that these General Terms and Conditions apply for agreements regulating

More information

General Terms and Conditions of Business for the online store of H. Stoll AG & Co. KG

General Terms and Conditions of Business for the online store of H. Stoll AG & Co. KG General Terms and Conditions of Business for the online store of H. Stoll AG & Co. KG Section 1 Scope of application, Definition of terms 1) The following terms and conditions of business (hereinafter

More information

SPYDERS END USER LICENSE AGREEMENT TERMS AND CONDITIONS

SPYDERS END USER LICENSE AGREEMENT TERMS AND CONDITIONS SPYDERS END USER LICENSE AGREEMENT TERMS AND CONDITIONS 1. IMPORTANT NOTICE PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THE AGREEMENT ) CAREFULLY BEFORE PROCEEDING TO USE THE ENCLOSED

More information

Support Terms and Conditions icas Software

Support Terms and Conditions icas Software Support Terms and Conditions icas Software flexible archiving iternity GmbH Bötzinger Straße 60 79111 Freiburg Germany fon +49 761-45 14 740 fax +49 761-45 14 759 sales@iternity.com www.iternity.com Support-Hotline:

More information

Virtual Private Server Services Specific Terms and Conditions

Virtual Private Server Services Specific Terms and Conditions Virtual Private Server Services Specific Terms and Conditions These Specific Terms and Conditions and DCLUX General Terms and Conditions shall be interpreted and applied together as a single instrument

More information

We suggest you retain a copy of these End User Terms of Use for your records.

We suggest you retain a copy of these End User Terms of Use for your records. END USER TERMS OF USE The use of Incident Response Technologies Inc. s ("IRT") Software is offered to you upon your acceptance of these End User Terms of Use. By using IRT s software (the Software ), you

More information

REMOTE ONLINE BACKUP Terms and Conditions

REMOTE ONLINE BACKUP Terms and Conditions REMOTE ONLINE BACKUP Terms and Conditions 1. DEFINITIONS 1.1 Unless the context clearly indicates to the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the

More information

Last Revision: October 29th, 2015

Last Revision: October 29th, 2015 RAILS LTS SERVICES AGREEMENT Last Revision: October 29th, 2015 This is a legal agreement beteen you, a person or entity ("User") who registers and purchases a Rails LTS Service Plan ("Paid User") or who

More information

General Terms and Conditions of Sales Effective: April 2007

General Terms and Conditions of Sales Effective: April 2007 I. Scope General Terms and Conditions of Sales Effective: April 2007 Our General Terms and Conditions of Sale apply to all - including future - legal relationships between the parties to the Contract.

More information

GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY of Closurelogic GmbH

GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY of Closurelogic GmbH July 2016 GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY of Closurelogic GmbH 1. Scope of Application 1.1 Sales and deliveries by Closurelogic GmbH ( CL ) shall be made exclusively in accordance with

More information

Software as a Service (SaaS) Contract. I. Subject matter of the Contract. II. Software provision

Software as a Service (SaaS) Contract. I. Subject matter of the Contract. II. Software provision Software as a Service (SaaS) Contract By completing the registration form (ordering bexio), you shall become subject to the following General Terms and Conditions ("General Terms and Conditions"). I. Subject

More information

Standard business terms

Standard business terms Standard business terms Cybertec Schönig & Schönig GmbH Gröhrmühlgasse 26 2700 Wiener Neustadt (Named Cybertec resp. contractor below) Edition 2014-01 1. General remarks 1.1 As contractor Cybertec provides

More information

TERMS AND CONDITIONS OF AGREEMENT FOR CREDIT CARD WITH FIXED PAYMENT Valid as of 01.01.2012

TERMS AND CONDITIONS OF AGREEMENT FOR CREDIT CARD WITH FIXED PAYMENT Valid as of 01.01.2012 1. GENERAL PROVISIONS 1.1 Agreement for credit card with fixed payment (hereinafter the Agreement) regulates the rights and obligations for using a credit card issued by (hereinafter the Bank). 1.2 A credit

More information

General Terms and Conditions for Online Sales of TomTom Inc ( TomTom )

General Terms and Conditions for Online Sales of TomTom Inc ( TomTom ) General Terms and Conditions for Online Sales of TomTom Inc ( TomTom ) 1) Scope a) These Terms and Conditions shall apply to all purchase orders submitted or to be submitted by you for any item, service

More information