Terms and Conditions
Copyright (C) 2003-2023 Langmeier Software GmbH, Freienbach Switzerland (All copyrights and ancillary copyrights reserved
§I. DEFINITIONS AND CONDITIONS
"Licensor" means Langmeier Software GmbH, Pfäffikon SZ, Switzerland. Also referred to as "Langmeier Software".
"License Fee" means the consideration owed by Licensee for the use of the Software.
"Licensee" means the acquirer of the license or the user of the Software.
"Perpetual" means a right to use the Software for an unlimited period of time pursuant to Section II 1.
"Subscription" means a recurring right of use for a limited period of time pursuant to Section II 2.
"Pay as you Go" means billing according to use of the Software.
"In-App Purchase" means the activation of chargeable services within the aBusiness platform.
"Software" means the computer program 'aBusiness' and its related documentation.
This license agreement comes into effect with the purchase respectively the installation or the use of the software and web services.
§II. SCOPE OF USE
In consideration of the license fee paid, Licensor hereby grants to Licensee a perpetual, non-transferable, non-exclusive, worldwide right to use the Software in accordance with the terms of this Agreement. The license shall remain in effect until Licensee's use of the Software is terminated or until Licensor terminates the license for Licensee's failure to comply with this Agreement. Licensee is not entitled to free support or updates. It may obtain technical support or upgrades for a fee through one of the technical support channels provided by Licensor ). If the Licensee is informed by the Licensor about recommended upgrades or updates or patches, he has the right to purchase them with costs. If Licensee does not follow these recommendations, Licensee shall forfeit its rights to warranty or damages if the damage was caused by failure to obtain upgrades, updates or patches.
In consideration of the license fee paid, Licensor hereby grants to Licensee a time-limited, non-transferable, non-exclusive, worldwide right to use the Software in accordance with the terms of this Agreement. The license shall remain valid for 12 months from the date of installation and shall automatically renew for additional 12 months unless terminated in writing by Licensee no later than 3 months prior to expiration. The Licensor reserves the right to terminate the license due to the Licensee's failure to comply with this Agreement. Licensee is entitled to upgrades and updates and support through one of the technical support channels provided by Licensor (https://www.langmeier-software.com/support).
3. BILLING BY USE AND IN-APP PURCHASES:
Apps, software, tools and services that are billed in the aBusiness platform on a pay-as-you-use basis (also called "pay as you go" or "pay as you use") are billed monthly and are payable within 10 days. Storage space in the cloud and users are billed as basic services in this way. The use of paid apps, tools and services by the licensee is also billed in this way. The price list at https://www.abusiness.one/preise is decisive for the billing of the basic services. For additional apps, tools and services that can be activated via the app store within the aBusiness platform (also referred to as "in-app purchases"), the prices stated in the aBusiness app store apply (https://apps.abusiness.net/).
4. INDIVIDUAL USER AND CLOUD LICENSES
The purchase of single-machine licenses entitles you to use the software on one computer only. If this software is to be used for multiple computers, a separate license must be purchased for each computer.
If the software is used in the cloud (SaaS, aBusiness), the purchase of the license entitles the user to use it for one user (User) as long as the purchase agreement has not been terminated by one of the two parties within the notice periods specified in clause §V1.
Licensee may make one copy of the Software solely for backup and archival purposes if the Software is locally installable Software that Licensee has the right to use. If Licensee is using cloud software running in aBusiness's public cloud, then Licensee may only make copies of its user data for backup and archival purposes.
Modification of freely available software source code or programming scripts is permitted only for the purpose of adapting the software to the user's needs in the context of customizing. It is not allowed to modify scripts and freely available software source code in order to circumvent license limitations and similar locks. In all other cases, modification, redistribution, and distribution of source code or software binaries owned by the licensor under copyright law is not permitted.
7. Restrictions on use:
Renting, lending, sublicensing or modifying the Software of any kind is not permitted. Decompilation, reverse engineering or disassembly of the Software is permitted only to obtain information regarding the interoperability of an independently created computer program. Use of the Software is also prohibited in environments that endanger human or animal life.
8. TERMINATION ON THE PART OF THE CUSTOMER
In the event of a termination of maintenance or of the software usage fees, the Customer shall immediately after the expiry of the notice period and thus of the occurrence of the termination delete from the Customer's servers, hard disks and computers all source codes and executables and databases handed over and imported via automatic updates, all of which are copyrighted material of Langmeier Software GmbH.
1. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS LICENSED "AS IS". LICENSEE ASSUMES ALL RISK ASSOCIATED WITH ITS USE. LANGMEIER SOFTWARE MAKES NO EXPRESS WARRANTIES OR GUARANTEES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LANGMEIER SOFTWARE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. LIMITATION AND EXCLUSION OF DAMAGES
IF LICENSEE FAILS TO COMPLY WITH THE WARRANTY DISCLAIMERS SET FORTH IN ARTICLE §IV. PARAGRAPH 1, THEN LICENSEE MAY RECEIVE COMPENSATION FROM LANGMEIER SOFTWARE AND ITS SUPPLIERS ONLY FOR DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED 5.00 CHF (FIVE SWISS FRANCS). LICENSEE SHALL NOT BE ENTITLED TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, OTHER, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES.
This limitation applies first to anything relating to the software, services, content (including code) on third party websites or third party applications, and second to claims based on breach of contract, breach of warranty, guarantee or promise, strict liability, negligence or tort, and all other claims, and in each case to the extent permitted by applicable law.
It shall also apply if Langmeier Software or its bidders knew or should have known of the possibility of the damages. If Licensee acquired the Software in a state or country where the exclusion or limitation of liability for incidental, consequential or other damages is not permitted, then use of the Software is strictly prohibited. If you nevertheless use the software under these circumstances, you do so entirely at your own risk.
§V. FINAL PROVISIONS
1. EXCLUSION OF USE ON CERTAIN SYSTEMS AND FOR CERTAIN PURPOSES
USE OF THE SOFTWARE IS STRICTLY PROHIBITED IN ENVIRONMENTS OR FOR PURPOSES WHERE IT MAY DANGER LIFE, INCLUDING HUMAN AND ANIMAL LIFE. REGARDLESS OF WHETHER THE SOFTWARE IS OPERATED PROPERLY OR IMPROPERLY, AND REGARDLESS OF WHETHER ANY DEFECTIVE COMPONENT OF THE SOFTWARE COULD CAUSE THE HAZARD, THE SOFTWARE MUST NOT BE USED WHERE SUCH HAZARD COULD EXIST EVEN UNDER CERTAIN CIRCUMSTANCES AS A RESULT OF THE USE OF THE SOFTWARE. EVEN USE WHERE THERE IS A RISK OF INJURY OR DISEASE TO AT LEAST ONE HUMAN BEING OR AT LEAST ONE ANIMAL BEING IS STRICTLY PROHIBITED.
Use of the Software is also strictly prohibited if the Software was acquired in a state or country where, pursuant to §IV. Paragraph 2, the exclusion or limitation of liability for incidental, consequential or other damages is not permitted.
The Licensor has the right to terminate the current licenses and purchase agreements at any time with immediate effect if the Licensee fails to meet its contractual or legal obligations under this Agreement or if it becomes insolvent or unwilling to pay. Upon termination by the Licensor, all rights of use shall automatically terminate.
By depositing an advance of CHF 15,000 (fifteen thousand Swiss francs), access to the cloud can be activated for a further four weeks. All outstanding invoices will be settled using this advance and should there be any balance remaining, this remaining balance will be refunded within 6 months if no further costs (including but not limited to support, materials and other expenses) have been incurred by then.
If data is stored in the cloud, the licensee can request a copy of his data (data portability right). The expenses incurred for data requests will be charged to the licensee at CHF 52.50 (fifty-two Swiss francs and fifty centimes) per quarter hour or part thereof. This requires the advance payment of CHF 1500 (one thousand five hundred Swiss francs) which is not refundable in whole or in part.
3. SUPPORT + CONSULTANCY SERVICES
All support and consulting services performed by Licensor on behalf of Licensee shall be automatically billed by Licensor at a daily or half-day rate. A half-day rate will be billed for half-days or part thereof, and a daily rate will be billed for days or part thereof in excess of a half-day. The half-day rate is 1560 Swiss francs and the daily rate is 2600 Swiss francs.
4. ADMINISTRATIVE EXPENSES
For the administrative expenses of written inquiries incurred by us, in particular for inquiries from, but not limited to, public institutions and Instutitionen as well as private plaintiffs or other inquirers, we charge an expense allowance of CHF 325 (Three hundred and twenty-five Swiss francs) per hour of effort or part thereof, as well as a flat-rate letter post acceptance fee for the administrative expenses of letter post processing of CHF 25 (Twenty-five Swiss francs) plus a small expense allowance of a flat rate of CHF 20.80 (Twenty Swiss francs and eighty centimes).
The licensor has the right to check the contract conformity at the licensee by means of audits. If the audit reveals discrepancies with the Licensee's contractual obligations, the costs of such audit will be charged to the Licensee.
No assignment of any rights under this Agreement by Licensee shall be made except to any successor in interest.
7. APPLICABLE LAW:
This agreement is governed by Swiss law. The UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods 1980) is excluded.
Jurisdiction: The place of jurisdiction is Pfäffikon SZ, Switzerland.
© 2003-2023 Langmeier Software GmbH, Pfäffikon SZ, Schweiz