General Terms and Conditions

Copyright (C) 2003-2025 Langmeier Software GmbH, Freienbach Switzerland (All copyrights and ancillary copyrights reserved

GTC

General Terms and Conditions of Langmeier Software and the Terms of Use of aBusiness

§I. DEFINITIONS AND CONCLUSION

"Licensor" means Langmeier Software GmbH, Pfäffikon SZ, Switzerland. Also referred to as "Langmeier Software".
"License Fee" means the fee owed by the Licensee for the use of the Software.
"Licensee" means the purchaser of the license or the user of the software.
"Perpetual" means a right of use for an unlimited period of time in accordance with Clause II 1.
"Subscription" means a time-limited, recurring right of use in accordance with Clause 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 the associated documentation.

This license agreement is concluded with the purchase or installation or use of the software and web services.

§II. SCOPE OF USE

1 PERPETUAL:

In consideration of the license fee paid, the Licensor hereby grants the 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 valid until the Licensee terminates the use of the Software or until the Licensor terminates the license due to the Licensee's failure to comply with this Agreement. The Licensee is not entitled to free support or updates. The Licensee may obtain technical support or upgrades for a fee via one of the technical support channels provided by the Licensor ). If the Licensor informs the Licensee of recommended upgrades or updates or patches, the Licensee has the right to purchase these for a fee. If the Licensee does not follow these recommendations, he forfeits his claims to warranty or compensation if the damage was caused by the failure to upgrade, update or patch.

2 ABO:

In consideration of the license fee paid, the Licensor hereby grants the 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 installation and shall be automatically renewed for a further 12 months unless terminated in writing by the Licensee at least 3 months prior to expiry. The Licensor reserves the right to terminate the license due to non-compliance with this agreement by the Licensee. The Licensee is entitled to upgrades and updates and support via one of the technical support channels provided by the Licensor (https://www.langmeier-software.com/support).

3. BILLING ACCORDING TO USE AND IN-APP PURCHASES:

Apps, software, tools and services that are billed in the aBusiness platform according to the principle of usage (also called "pay as you go" or "pay as you use") are invoiced monthly and are payable within 10 days. Storage space in the cloud and users are billed in this way as basic services. The use of chargeable apps, tools and services by the licensee is also billed in this way. The price list at https://www.abusiness.one/preise is authoritative for the billing of basic services. For additional apps, tools and services that can be activated via the app store within the aBusiness platform (also known as "in-app purchases"), the prices stated in the aBusiness app store apply (https://apps.abusiness.net/).

4. SINGLE USER AND CLOUD LICENSES

The purchase of single-machine licenses only entitles the user to use the software on one computer. If this software is to be used on 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 the software for one user as long as the purchase contract has not been terminated by either party within the notice periods specified in section §V1.

5. COPIES

The Licensee may make a copy of the Software solely for backup and archiving purposes if it is locally installable software that the Licensee is entitled to use. If the Licensee uses cloud software that runs in the aBusiness public cloud, the Licensee may only make copies of its user data for backup and archiving purposes.

6 MODIFICATION

The modification of freely accessible software source code or programming scripts is only permitted for the purpose of adapting the software to user requirements within the scope of customizing. The modification of scripts and freely accessible software source code in order to circumvent license limitations and similar restrictions is not permitted. In all other cases, the modification, passing on and distribution of source codes or software binaries that are the copyright property of the licensor is not permitted.

7. RESTRICTIONS ON USE:

Renting, lending, sublicensing or modifying the software in any way is not permitted. Decompiling, reverse-engineering or disassembling the software is only permitted in order to obtain information on the interoperability of an independently created computer program. The use of the software is also prohibited in environments that endanger human or animal life.

8. TERMINATION BY THE CUSTOMER

In the event of termination of maintenance or software usage fees, the customer must delete all source codes, executables and databases, all of which are copyrighted material of Langmeier Software GmbH, from the customer's servers, hard disks and computers immediately after the expiry of the notice period and thus the occurrence of the termination.


§IV. LIABILITY

1. EXCLUSION OF WARRANTIES

THE SOFTWARE IS LICENSED "AS IS". THE LICENSEE BEARS THE RISK ASSOCIATED WITH ITS USE. LANGMEIER SOFTWARE MAKES NO EXPRESS WARRANTIES OR GUARANTEES. TO THE EXTENT PERMITTED BY 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 THE LICENSEE, DESPITE THE WARRANTY EXCLUSIONS UNDER ARTICLE §IV. PARAGRAPH 1, THE LICENSEE MAY ONLY RECEIVE COMPENSATION FROM LANGMEIER SOFTWARE AND ITS SUPPLIERS FOR DIRECT DAMAGES IN THE AMOUNT OF UP TO 5.00 CHF (FIVE SWISS FRANCS). THE LICENSEE MAY NOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, OTHER, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL 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 covenant, strict liability, negligence or tort, and all other claims, in each case to the extent permitted by applicable law.

It shall also apply if Langmeier Software or its licensors knew or should have known of the possibility of damage. If the licensee has acquired the software in a state or country in which the exclusion or limitation of liability for incidental, consequential or other damages is not permitted, then the use of the software is strictly prohibited. If the software is used under these circumstances, it is used 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 ENDANGER LIFE, INCLUDING HUMAN AND ANIMAL LIFE. REGARDLESS OF WHETHER THE SOFTWARE IS USED PROPERLY OR IMPROPERLY, AND REGARDLESS OF WHETHER ANY DEFECTIVE COMPONENTS OF THE SOFTWARE COULD LEAD TO THE HAZARD, THE SOFTWARE MAY NOT BE USED IN ANY LOCATION WHERE SUCH HAZARD COULD EXIST EVEN UNDER CERTAIN CIRCUMSTANCES THROUGH THE USE OF THE SOFTWARE. IT IS ALSO STRICTLY FORBIDDEN TO USE THE SOFTWARE WHERE THERE IS A RISK OF INJURY OR ILLNESS TO AT LEAST ONE PERSON OR AT LEAST ONE ANIMAL.

Use of the software is also strictly prohibited if the software was acquired in a state or country in which, according to §IV. Paragraph 2, the exclusion or limitation of liability for incidental, consequential or other damages is not permitted.


2. TERMINATION

The Licensor has the right to terminate the current licenses and purchase agreements at any time with immediate effect if the Licensee fails to comply with 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 expire.

Access to the cloud can be activated for a further four weeks by depositing an advance payment of CHF 15,000 (fifteen thousand Swiss francs). All outstanding invoices will be settled with the help of 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 may request a copy of its data (data portability right). The Licensee will be charged CHF 52.50 (fifty-two Swiss francs and fifty centimes) per quarter of an hour or part thereof for the expenses incurred for the data requests. This requires the advance payment of CHF 1500 (one thousand five hundred Swiss francs) which is neither fully nor proportionately refundable.

3. SUPPORT + CONSULTING SERVICES

All support and consulting services provided by the Licensor on behalf of the Licensee shall be automatically invoiced by the Licensor at a daily or half-day rate. A half-day rate shall be charged for half days or part thereof, and a daily rate shall be charged for days or part thereof lasting more than half a day. The half-day rate is 1560 Swiss francs and the daily rate is 2600 Swiss francs.

4. ADMINISTRATIVE EXPENSES

For the administrative expenses incurred by us for written inquiries, in particular for inquiries from, but not limited to, public bodies and institutions as well as private claimants or other enquirers, we charge an expense allowance of CHF 325 (three hundred and twenty-five Swiss francs) per hour of work 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 flat-rate small expenses allowance of CHF 20.80 (twenty Swiss francs and eighty centimes).

5 AUDIT:

The licensor has the right to check the licensee's compliance with the contract by means of audits. If the audit reveals discrepancies with the Licensee's contractual obligations, the costs of such an audit shall be charged to the Licensee.

6. PROHIBITION OF ASSIGNMENT:

The assignment of rights under this Agreement by the Licensee is excluded with the exception of assignment to any legal successor.

7. APPLICABLE LAW:

This Agreement shall be governed by Swiss law. The UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods of 1980) is excluded.

Place of jurisdiction: The place of jurisdiction is Pfäffikon SZ, Switzerland.
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© 2003-2025 Langmeier Software GmbH, Pfäffikon SZ, Schweiz