License Agreement – innea apartment

innea apartment - License Agreement Download
innea apartment - License Agreement
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You can retrieve and save a copy of these terms and conditions at any time via the innea website. By the license agreement, installation, or by the use of the Software, you agree to the signing of a license agreement between you and the innea GmbH, Durlacher Allee 53, 76131 Karlsruhe. You accept the contents of the license conditions as binding for you. If you do not accept the use and licensing terms, do not confirm the license conditions or cancel the installation. In this case, you are not allowed to use the software.

§ 1 Definitions

Licensee: The legal or natural person to whom the right to use this Software is granted.
Licensor: innea GmbH, Durlacher Allee 53, 76131 Karlsruhe, Germany.
Software: The software “innea apartment” of the licensor.
Modules: Paid enhancements to the software that can also be rented.

§ 2 Subject matter of the contract

(1) The Licensor grants the Licensee the non-exclusive, temporary right to use the Software in accordance with the provisions of this Agreement to use.
(2) The proper backup copies of software are serving part of their intended use.
(3) The software can be used only with certain minimum requirements for hardware and software environment. The minimum requirements can always be found on the website of the licensor. The Licensee will install the software himself.
(4) The licensor owes consulting services only if it is agreed expressly and separately. If necessary consulting services to be rendered shall be paid for separately by the Licensee on fair and market conditions.
(5) The software can be extended by modules. For the modules hold the present regulations, which also apply to the software. The rent for modules hired during the contract period, are calculated proportional to the end of the contract period of the software. The end of the contract period of the modules is always identical with the end of the contract period of the software.

§ 3 Usage restrictions

(1) The licensor is the author and owns the exclusive use and exploitation rights to the copyright and other rights to the software.
(2) Any distribution, loan, rent, sublicense, reproduce, translate, decompile, and other editing of the software is prohibited without the express consent of the licensor.
(3) The licensee acquires no usage rights beyond the power conferred by this agreement to the software. The Licensor reserves all rights in particular for payment or free distribution, exhibition, exhibition and publication of software before. The same applies to the processing and reproduction rights, unless expressly otherwise agreed. The Licensor is the sole owner of all trademarks and other intellectual property rights in the Software.
(4) The usage rights granted by this Agreement are limited to the object code of the software. The licensee shall not acquire any rights to the source code of the software in relation to the system. The licensee acknowledges that the source code is sole property of the licensor.
(5) The licensee must activate the software after installation once, for which an existing internet connection is required. The internet connection is not part of the license agreement. This requires an unrestricted traffic, without port and bandwidth limitation.
(6) The licensee is not allowed to modify or remove copyright notices, markings and / or control numbers or characters of the Licensor.
(7) The visualization of Smart Home control devices contained in the software and/or modules does not necessarily represent the latest version of these control devices and does not claim to be complete.

§ 4 Expiry of rights of use

(1) The licensor grants the licensee’s rights under § 2, § 3 of this treaty in the respective contract period.
(2) If the licensee violates the in § 2 and § 3 set licensing terms, the right of the licensee goes out to use the software, without requiring a termination of this license agreement. In this case, the licensee has to return or delete the software, according to what option the licensor prefers.
(3) Any violation of any provision of this agreement will invalidate the right to use the software.
(4) The other statutory provisions shall remain unaffected.

§ 5 Rent

(1) The rent for the software is determined by the price list of the licensor.
(2) The rent for the software is for the contract period to be paid in advance. It includes the payment for the transfer and use of the software and for their maintenance and repair.

§ 6 Technical and legal restrictions

The license for the software is permanently associated with the hardware environment on which the software has been installed. A purchased license of the software entitles the licensee to use the software on one computer system. Should the hardware of this computer system change, the license must be activated again. Should the software be installed on another computer system, the software must be reactivated. With the activation on the changed hardware environment, or the new computer system, the software must no longer run on the previous hardware environment or on the previous computer system.

§ 7 Contract duration, termination of the lease

(1) The contract begins with the sending of the license key and has a fixed contract period. The contract expires at the end of the agreed contract period without the need for notice. The licensee may, upon expiry of the contract period, however, sign a new contract. The Licensor will notify the licensee soon before the expiration of the contract period. The termination rights of the licensee pursuant to § 10 paragraph 3 of this contract remain unaffected.
(2) The right of either party to extraordinary termination for good cause remains unaffected.
(3) A termination requires to be in written form.

§ 8 Display and custodial obligations of the licensee

(1) The licensee is obliged to notify the licensor of the software about defects immediately. He is respecting the instructions of the licensor to problem analysis as long as reasonable and forward all necessary information to the licensor required for the elimination of the defect.
(2) The licensee must take appropriate precautions to protect the software against unauthorized access. He will keep the original disks and the disks with the copies made by him under contract in a secure location. He will inform its employees and other persons entitled to dependent use that to make copies beyond the contractual scope is illegal.

§ 9 Distribution

(1) The licensee may give the software to a third party only if disclaiming his own usage rights of the software completely and finally. The temporary or partial payment of the transfer of use to third parties is prohibited, regardless of whether the software transferred in a tangible or intangible form. The same goes for gratuitous transfer.
(2) The use by workers employed by the licensee or other transfer of the right of the licensee party subject in the context of appropriate use is permitted.

§ 10 Licensee’s rights in case of defects

(1) The licensor is obligated to repair defects in the transferred software and documentation.
(2) The rectification of defects by the licensor is either carried out by free repair or replacement.
(3) A notice of the licensee in accordance to § 543 paragraph 2 sentence 1 No. 1 BGB is due to non-granting of the contractual use only permitted if the Licensor has been given sufficient opportunity to correct the defect and the latter has failed. A failure of the remedial measures can only be assumed if this is impossible, if it is refused by the licensor or unreasonably delayed, if there are reasonable doubts about the prospects of success or if for other reasons it is unreasonable for the licensee.
(4) The rights of the licensee due to defects are excluded, as far as the licensee makes or allows changes to the leased property without the consent of the licensor, unless the licensee proves that the changes will not have an undue impact on analysis and elimination of shortcomings for the licensor. The Licensee’s rights remain unaffected due to defects, unless the licensee is entitled to make changes, especially in the exercise of self-elimination according to law § 536 paragraph 2 BGB and they were executed properly and documented.

§ 11 Limitation of Liability

(1) The licensor is liable under the statutory provisions in each case without limitation for damages
(a) arising from injury to life, limb or health, based on an intentional or negligent breach of duty or otherwise on the intentional or negligent conduct by the licensor or his legal representatives or agents;
(b) because of the absence or elimination of a guaranteed property or for non-compliance with a guarantee;
(c) based on an intentional or grossly negligent breach of duty or otherwise on the intentional or grossly negligent conduct by the licensor or his legal representatives or agents.
(2) The licensor shall be liable under the limitation on compensation for the typical contractual foreseeable damage for such damages caused by a slightly negligent breach of material obligations of the licensor or his legal representatives or agents. Essential duties are duties the fulfillment of the proper execution of the contract in the first, and must rely on their compliance with the licensee.
(3) The licensor shall be liable for other cases involving simple negligence is limited according to six times the annual rent claim.
(4) The strict liability of the Licensor pursuant to § 536a paragraph 1, 1st BGB alternative for defects that are already available at the time of concluding the contract is excluded.
(5) The licensor shall be liable for simple negligence caused data loss only for the harm that would be incurred even with proper and regular, appropriate to the importance of data backup by the licensee, this limitation does not apply if the backup to any restriction on the licensor for reasons or impossible.
(6) The foregoing provisions shall apply mutatis mutandis to the liability of Licensor with respect to the reimbursement of expenses.
(7) The liability remains unaffected under the Product Liability Act.

§ 12 Obligations upon termination of the contract

(1) Upon the termination of the contract, the licensee shall delete the software, including one on the computer system to any existing documentation of his computer system. If necessary, copies made by the licensor of the licensed software must be deleted completely and permanently.
(2) Any use of the Software after termination of the contract is invalid.

§ 13 Collision with other terms and conditions

If the licensee also uses standard terms, the contract is made without the explicit agreement on the inclusion of general business conditions. As far as the different terms and conditions are in tune, these are agreed. In place of conflicting individual regulations the provisions of standard contract law will take effect. The same applies to the case that the terms and conditions of the licensee include arrangements that are not included under these terms and conditions. If the terms and conditions of the licensee contain rules which are not included in the terms of the licensor, the licensor’s license terms and conditions are valid.

§ 14 Final clauses

(1) Changes or additions to these conditions require to be in written form. This also applies to the repeal of the writing requirement.
(2) The law of the Federal Republic of Germany applies. Mandatory provisions of the State in which the licensee has his usual residence remain unaffected. The uniform UN Sales Convention (Convention of Contracts for International Sale of Goods of 11.04.1980, UN UNCITRAL CISG) is excluded. The German version of this license agreement takes precedence over the English translation.
(3) If the licensee is an entrepreneur, for all disputes from this contract Karlsruhe is agreed to be the performance venue. The licensor is also entitled to the jurisdiction of the licensee, the entrepreneur.
(4) If any provision of this agreement be ineffective or oppose the statutory regulations, the remainder of the contract remains unaffected. The ineffective provision is replaced by the Contracting Parties by a legal provision that the economic intent and purpose of the invalid provision as closely. The above rule applies in case of loopholes.