Aagon Produkt EULA

BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, YOU MAY NOT INSTALL OR USE THE SOFTWARE.

1. Trial version

The customer has the option of using a functionally unrestricted trial version of the software, including access to the online manual, for an unlimited period of time for testing purposes. Productive use of the trial version is not permitted. Before beginning the trial period, the customer must confirm this EULA. These shall also continue to apply if the customer converts the test installation into a productive version without reinstallation by concluding a license agreement. Any deviations agreed upon in this context shall take precedence over this EULA.

2. Productive version

In order to be able to use the software productively, the customer must conclude a license agreement (software purchase with update and support agreement or software rental) with Aagon.

a)

If the customer concludes a software purchase agreement with an update and support agreement, Aagon grants the customer the non-exclusive, temporally and spatially unrestricted right to use the purchased software, subject to the condition precedent of full payment of the agreed purchase price.

The customer receives an identification key for each Aagon server. The customer's server(s) connect(s) to Aagon's license server, which activates the modules. The software regularly (once a day) checks the validity of the license by querying Aagon's license server. The customer is obliged to use the software on a system that can reach Aagon's license server via the Internet. The software loses its operability if it cannot reach the Aagon license server for more than 30 days.

The customer is not entitled to rent, sublicense, reproduce in any wired or wireless form, make publicly available, or otherwise make the software available to third parties. Third parties in this sense do not include employees of the customer and persons whom the customer employs to ensure the proper use of the software.

The customer is entitled to permanently transfer the purchased copy of the software, including the documentation, to a third party, subject to the scope of the rights granted herein. In this case, the customer undertakes to completely cease use of the software upon conclusion of the contract and to delete all copies of the software, unless he is obliged to retain them for a longer period. Aagon may request information from the customer regarding the implementation of the measures to be taken in accordance with the preceding sentence. A splitting of purchased license volume packages is not permitted. If Aagon determines that a license key is being used for more than one installation at the same time, Aagon is entitled to disable the license key. This will render the software inoperable. The update and support contract cannot be transferred to the third party, but must be concluded anew with Aagon.

The customer is only entitled to decompile and reproduce the contractual software to the extent permitted by law. However, this only applies if Aagon has not made the necessary information available to the customer upon request within a reasonable period of time.

If the customer uses the software to an extent that exceeds the acquired rights of use qualitatively (with regard to the type of use permitted) or quantitatively (with regard to the number of licenses acquired), he shall immediately acquire the rights of use necessary for the permitted use. If he fails to do so, Aagon shall assert the rights to which it is entitled.

Copyright notices, serial numbers and other features serving to identify the program may not be removed from the software or altered.

b)

If the customer closes a software rental agreement, Aagon grants the customer, subject to the condition precedent of full payment of the agreed rental, the non-exclusive, non-transferable and non-sublicensable right to use the rented software, limited in time to the term of the agreement and unrestricted in terms of location. The granting of the rights of use is subject to the condition that the customer does not enable the necessary validity check of the license key.

The customer receives an identification key for his servers. The customer's server(s) connect(s) to Aagon's license server, which activates the modules or disables them after the right of use has expired. The software regularly (once a day) checks the validity of the license by querying Aagon's license server. The customer is obliged to use the software on a system that can reach Aagon's license server via the Internet. After expiry of the right of use, the software can no longer be installed and operated by the customer. The software also loses its operability if it cannot reach Aagon's license server for more than 30 days.

Furthermore, the customer is only entitled to reproduce, edit or decompile the software if this is permitted by law and only if the information necessary for this is not made available by Aagon at the customer's request.

If the customer violates any of the above provisions, all rights of use granted under the contract shall immediately become invalid and shall automatically revert to Aagon. In this case, the customer must immediately and completely cease using the software, delete all copies of the software installed on its systems and delete any backup copies created or hand them over to Aagon. In this case, Aagon is also entitled to disable the software.

3. Liability

Aagon shall be liable without limitation in cases of intent or gross negligence, for injury to life, limb or health, in accordance with the provisions of the Product Liability Act, to the extent of any warranty assumed and for the breach of an essential contractual obligation (an obligation whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the contractual partner regularly relies and may rely, “cardinal obligation”), but limited to compensation for the foreseeable, typically occurring damage and to an amount of 500,000.00 euros. cardinal obligation"), but limited to compensation for foreseeable, typically occurring damage and to an amount of EUR 500,000.00. Otherwise, any liability on the part of Aagon is excluded. The above liability provisions also apply to the personal liability of Aagon's employees, representatives, and organs.

4. Applicable law

The agreements between the customer and Aagon are governed exclusively by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Law).

5. Place of jurisdiction/place of performance

The place of performance and exclusive place of jurisdiction is the registered office of Aagon.

6. No use in high-risk areas

The services and software of Aagon may not be used by the customer in high-risk areas. This excludes in particular use for the operation of nuclear power plants, air traffic navigation and communication equipment, direct life support systems or weapon systems, as well as in safety-critical areas in which the failure of the software could directly or indirectly lead to death or injury to persons or to serious environmental or other physical damage.

7. Import and export restrictions

The customer is aware that the software may be subject to export and import restrictions. In particular, licensing requirements may apply or the use of the software or related technologies may be subject to restrictions abroad. The customer shall comply with the applicable export and import control regulations of the Federal Republic of Germany, the European Union, and the United States of America, as well as all other relevant regulations. Aagon's performance of the contract is subject to the proviso that there are no obstacles to performance due to national and international export and import regulations or other legal regulations.