License agreement regarding the use of the software BIC Design Free WebEdition of GBTEC Software + Consulting AG

End-user license agreement (EULA) for the use of the software "BIC Design Free WebEdition"

A. General                

Please read this license agreement carefully before installing the software. This end-user license agreement is a legal agreement between you and the GBTEC Software + Consulting AG, - represented by the managing director Gregor Greinke,Universitätsstraße 142, 44799 Bochum (hereinafter called: GBTEC AG) for the software "BIC Design Free WebEdition" as well as pertinent media, printed materials and documentation in the 'on-line' or electronic format ("collectively hereinafter Software").

By installing, copying, downloading, accessing or otherwise using this software product you agree to be bound by all of the terms and conditions of the license agreement. If you do not agree to the terms of this end-user license agreement, you are not allowed to install or use the software.

This EULA applies to the granting of a license for the software and any accompanying documentation by GBTEC AG. This EULA also applies to updates of any kind as far as the GBTEC AG provides you with updates after installing the software.

The software will be supplied for the use through the Internet exclusively.

The terms and conditions in this EULA apply exclusively. Differing, conflicting or additional terms and conditions shall only become part of the contract if the GBTEC AG has expressly agreed to their validity in writing.

B. License Agreement

1. Delivery

You receive the Software in an executable version for download with automatic installation in a compatible web browser. There shall be no right to surrender of the source code. You are responsible for installing the software on your system.

The delivery of the software including integrated user documentation is carried out exclusively by downloading from the Internet. GBTEC AG makes the software via the URL www.bpm-software-tool.com available for retrieval.

This free version of the software does not have the full range of functions compared to the paid version of the modeling tool. Furthermore, this version is not subject to the same quality control as the paid version.

The system requirements necessary for a smooth use of the software are published on the website www.bpm-software-tool.com. For the fulfillment of the system requirements, you are alone responsible.

2. Granting of rights of use

This software is protected by copyright. All rights resulting from the copyright belong exclusively to the GBTEC AG and where appropriate their partners or their respective licensors. This EULA does not grant you an ownership of the software.

The GBTEC AG grants you the non-exclusive, non-transferable right to use the software "BIC Design Free WebEdition" for free; especially without any license fees in their current version only for your own purposes; "on-line"-connection fees for the download and possibly for updates must be paid by yourself.

You are entitled to install copies of the software to use, access, run, or otherwise interact with the software for free. The GBTEC AG reserves all rights not expressly granted.

In addition, you can make one copy for backup purposes, which must then be clearly marked as a backup copy.

The use of free software is restricted to use for private purposes only.

You may not reverse engineer, decompile, disassemble the software, or to decode, extract or otherwise modify the source code.

You are not authorized to license, rent, lease, loan the software or any part of it; you may use it neither for third parties nor within a network or make it accessible via the Internet to third parties. A redistribution of the software for a fee is expressly prohibited.

You acknowledge that you are not permitted to remove, disguise or change instructions to property rights, which are included in the software. This also applies to the copyright or trademark signs.

Without prejudice to any other rights of the GBTEC AG, the end users license expires automatically if you violate the terms of this license agreement. In such a case, you are obliged to destroy any copies of the software and all of its component parts.

3. Third party software, Open Source Software

The software may contain components from third-party software and/ or open-source-software for which separate terms of use have to be observed. In so far as, this is necessary for the legitimate use of the software the applicable third-party software or open-source-software license terms are set out in the attachment of this EULA. You agree to install the software only if you also agree with these third-party software or open-source-software license terms, which apply with priority. If you reject these, you will refrain from installing and using the software.   

4. Rights to the content that you have added

With the exception of materials and demo data, which the GBTEC AG supplied to you, GBTEC does not claim any ownership to the content you provide or make available through our software.

You are responsible for securing the content that you create.

You are also responsible for ensuring that the perhaps applicable instructions on data protection and data security are respected. GBTEC AG makes no warranty whether in this case the use of the software is in conformity with the applicable instructions.

The distribution of contents which violate copyright, personal rights or other rights (including intangible rights) constitutes a breach of this agreement. You warrant that you have all necessary rights to grant the necessary rights under this section and that the use of the inserted content does not violate any applicable law within the software. The GBTEC AG will make no payment for the contents.

5. Provision of software/ software updates

The provision of the software "BIC Design Free WebEdition" is free of charge.

In order to achieve a high level of user-friendliness, it is free to the GBTEC AG to provide continuously innovations. You agree that the software provided by GBTEC AG may be result to formal and content changes without prior notice.

As part of the continuous innovation, you acknowledge that the provision of the software (or a function of the software) can be set through the GBTEC AG (permanent or temporary). The expose of the provision can affect both you and all other users. Moreover, this is at the sole discretion of the GBTEC AG and do not require prior notice. You can terminate your use of the software at any time. To this, no separate notification of the GBTEC AG is necessary.

Through the software you are using updates of the GBTEC AG may be downloaded and installed automatically.

These updates support the optimization, expansion and development of the software and can be in the form of error corrections, enhanced functions, new software modules and completely new versions.

In the context of using the software, you agree to the receipt of such updates and give the GBTEC AG the permission to submit this update.

The GBTEC AG reserves the right to redeem exemption from costs of the software.

After the purchase of BIC Design Free WebEdition, the licensee can upgrade to a paid version of the BIC Platform at any time; then the contractual arrangements for the provision of the other version of the software exclusively apply. 

6. Limited support and error correcting

The GBTEC AG offers a support service due to the software exclusively through a user documentation and assistance in electronic format. A claim for additional support or error correcting does not exist.

7. Warranty/ Liability

At the agreed quality of the software it needs to be considered that it has only a limited range of functions. For this and for minor defects of the software GBTEC AG assumes no liability.

Liability for material defects and defects in the software, in particular for their correctness, accuracy, freedom from copyrights and proprietary rights of third parties, completeness and/ or usability is - except for contemplation or bad faith - are excluded.

Any other liability of GBTEC AG is excluded, as far as there is no mandatory liability e.g. due to product liability law, due to intention, gross negligence, due to infringement of life, body or health, due to grant of a guarantee of condition due to fraudulent concealment of a deficiency or due to infringement of substantial contractual obligations.

For loss of data, GBTEC AG is only liable as far as they were secured in machine-readable form at intervals suitable for the application and in any event at least once a day and thus warrants that these data can be restored at a justifiable of time and money. In the event that the user should not carry out such data back-up procedures, GBTEC's liability shall be restricted to the efforts and costs, which would have been necessary towards restoring data from due and proper data back-up. As well as the damages caused due to the loss of active data which data would have also been lost in the event of daily data back-up.

In any case, before using the software productively you are obliged to check the basic functionality with the use of test data.

8. Data protection

The GBTEC AG stores and processes your personal data in the context of and in compliance with the legal provisions concerning data protection. The GBTEC AG stores and processes your personal data only if it's necessary for the performance and fulfillment of the license agreement and/ or you have given your consent to the use of your data. In particular, the privacy policy of GBTEC AG is available in the current version on the GBTEC website.

9.Final provisions

Changes or additions to this EULA must be in writing. This applies to changes to this written form requirement itself.

The license agreement can be completed in German and English. The English version is only for better understanding; in case of contradictions, the German version takes precedence and remains legally the binding one. If any provision of this license agreement is or will be invalid or unenforceable, or should this be incomplete, the contract shall not affect the remaining provisions.

The laws of the Federal Republic of Germany are exclusively valid, excluding UN Commercial Laws (UNCITRAL- Commercial Laws).

Jurisdiction for all disputes in connection with this license contract is Bochum, if you are a merchant or an equivalent to such or you have your place or residence abroad.

10. Attachment 

We use the following open source components:

Appendix Open Source Software

This product includes software developed by The Apache Software Foundation (http://www.apache.org/).

This product uses PHPExcel. PHPExcel and its use are covered by the GNU Lesser General Public License (see phpexcel.codeplex.com/license).


© GBTEC Software + Consulting AG

Last updatet: May 2014

 

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