Read more on the official licensing terms of ecoDMS Archive software here.

The ecoDMS Archive software from the ecoDMS computer program group is the copyright of

ecoDMS GmbH
Salierallee 18a
D-52066 Aachen
Tel.: +49 (0) 241 47 57 2-01
Fax: +49 (0) 241 47 57 2-29
E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
http://www.ecoDMS.de
Management:
Michael Schmitz (Dipl. -Betrw. [degree in business administration])
Helge Lühmann
Seat of the Company: Aachen
Court of registration: Aachen County Court Register of Companies 19201

– hereinafter "Licensor" –

The unauthorised reproduction or distribution of this software (hereinafter: ecoDMS computer program) or parts thereof is a punishable offence. Such actions may be prosecuted under criminal and civil law, and result in severe penalties and high claims for compensation. The Licensor permits you – hereinafter Licensee – to use this software under the following licence terms:

§1 Subject of the Agreement

The subject of the Agreement is the present computer program ("ecoDMS computer program"), including the licence key required for activation in the case of the activated full version (as well as the program specification, instruction manual and other associated materials (the "Documentation")).

The ecoDMS computer program (umbrella term) was developed for the database-driven management of electronic documents. It is designed to manage mainly originally paper-based documents and digital documents in electronic systems. It is generally recognised that an electronic archiving system is audit-compliant if it meets the requirements of GoBS (Principles of Compliant IT-Based Accounting Systems ) and, in addition to that, the "Principles of Data Access and Verifiability of Digital Documents (GDPdU)"; moreover, if it is properly operated, the documents are archived such that they cannot be modified or forged, and if the archive system is devised in such a way that a third-party specialist (e.g. auditor), can gain an overview of the business transactions and situation of the company within a reasonable time. No document management and archiving product can in itself represent or claim audit compliance; the present ecoDMS computer program is merely a software solution that can serve as a basis for an overall audit-compliant solution. An attestation or certificate that archiving is audit-compliant, e.g. by an auditor, can only be issued for a specific archive solution. The solution for audit-compliant archiving pursuant to the requirements of the GoBS/GDPdU must comprise the whole system and how it is organised. The ecoDMS computer program can only provide one of the software technology prerequisites for the implementation of an overall audit-compliant solution. The main program is typically transferred to the Licensee by the Licensee downloading it from the website of the Licensor. Transfer of the main program by any other means is subject to separate agreement. In order to be able to use all the functions, the Licensee must purchase a licence from the Licensor or from an authorised reseller. In the case of the free "Free4Three" version for consumers pursuant to Section 13 of the German Civil Code ("A consumer means every natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession"), the licence is already included in the downloaded data. Entrepreneurs pursuant to Section 14 of the German Civil Code ("An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession") have the option of 30-day free use of a trial version, which may solely be used as a limited version prior to purchasing and issue of a licence.

The licence key is transferred to the licensee by email at the request of the Licensee and also in other cases as the Licensor chooses. The licence key provided by the Licensor must be activated either online via the website of the manufacturer, or directly via the ecoDMS computer program. During activation, hardware information of the computer on which the ecoDMS server is installed, is transferred in addition to the licence information. Alternatively, the manufacturer provides the option of requesting licence activation by telephone. After the Licensee has given the relevant licence and computer data, the manufacturer will send a valid licence for manual offline activation to the Licensee by email.

The Licensee will receive the documentation together with the main program; the documentation will be provided by the Licensor, irrespective of the form in which the software is transferred, either in printed form or as a file in a commonly used format (e.g. hlp, txt or pdf) as the Licensor chooses. If the Licensee receives the software by downloading it via modem or internet from the server of the Licensor, the Licensee will receive the documentation by the same means. The ecoDMS computer program described in detail in the given documentation conforms to the current state of the art. The Licensee is informed that according to the current state of the art, it is not possible to manufacture software in that way, and that they work error-free with all applications and in all combinations (in particular with the software of third-party providers).

§2 Scope of Use

The Licensor grants the Licensee the non-exclusive and personal right to use the ecoDMS computer program within the agreed scope – in particular with regard to the type and number of computers – during the term of the Agreement. The scope of the licence is indicated in the email in which the licence key is sent and/or the "?" program function under "Info". The granted licence always relates to a previously specified Licensee, and is intended for storing/use on one server instance; it may be accessed by individual users within the agreed scope. Simultaneous saving, keeping or use on more than one server instance is not permitted. If the Licensee would like to use the software on several server instances, for example at several branches, they must purchase a corresponding number of separate licences for these server instances.

§3 Reproduction Rights and Transfer of the Software

The ecoDMS computer program may only be reproduced insofar as required for use in compliance with the Agreement. The Licensee may make backup copies of the software within the necessary scope according to generally accepted technical practices. Backup copies on removable data carriers must be indicated as such and marked with the copyright notice of the original data carrier.

If the Licensee has purchased the ecoDMS computer program via online download, the Licensee is entitled to copy the software to a data carrier, assuming permissible use. In other respects, the right of the Licensor to the online copy is exhausted in the same way as if the Licensee had received the ecoDMS computer program on a data carrier.

The Licensee may only assign the ecoDMS computer program to a third party as a whole and with the full and final relinquishment of their own use of the subjects of the Agreement. The temporary or partial assignment of use to third parties against payment is prohibited, regardless of whether the subjects of the Agreement are assigned in tangible or intangible form. The same applies to assignment without payment; an exception is made for the assignment of the program copy of the software downloaded by the Licensee, providing the Licensee renders the program copy installed on their computer unusable at the time of the transfer. Apart from the rights of use granted in this Agreement, no rights to the programs supplied are assigned to the Licensee. Copyright notices, serial numbers or other identifiers may not be removed or modified under any circumstances. The software is standard software. The Licensor is not obliged to issue the source code.

The Licensee is only authorised to make modifications, extensions and other adaptations to the software pursuant to Section 69 c 2. of the German Copyright Act insofar as the right to do so is allowed by law and may not be waived under this Agreement. The Licensee does not have any rights of use and exploitation, beyond the rights of use granted pursuant to this Agreement, to such edits.

The Licensee is only entitled to decompile the software within the bounds of Section 69e of the German Copyright Act, and only if the Licensor has not provided the necessary data and/or information to establish interoperability with other hardware and software after being requested in writing to do so with a reasonable notice period.

If the Licensor provides the Licensee with additions (e.g. patches) or a new version of the subject of the Agreement (e.g. update, upgrade) that replaces the subjects of the Agreement provided earlier ("old software") for the purpose of rectification or maintenance, these will be subject to the present terms and conditions.

The multiple use of the given licence granted is only permitted within the scope in which the Licensor granted the Licensee the relevant type and number of licences.

The Licensor reserves the right to make any claims arising from unauthorised use of products and/or services by the Licensee, in particular copyright claims and compensation claims. It is expressly noted that the above actions may be subject to criminal liability.

§4 Other Rights to the Software

The Licensor is the owner of the exclusive right of use (copyright) and other industrial property rights. In the framework of the performance of the present Agreement, the Licensee only obtains full acquisition of rights to the physical data carriers on which the software and the documentation are recorded. Acquisition of use and exploitation rights to the software and the documentation only take place insofar as this is expressly provided for within the agreed scope (see Section 2). The Licensor in particular retains all rights to publication, reproduction, editing, translation and other exploitation of the software.

§5 Period of the Agreement and Termination

The Licensee is entitled to use the software and documentation for an indefinite period. The right of either party to extraordinary termination for material cause is unaffected. The Licensor in particular is entitled to terminate the Agreement without notice in the case of material breaches by the Licensee of their contractual obligations. Following termination of the Agreement, the Licensee is obliged to fully delete the software, in particular the original data carrier, any backup copies and files of the software installed on their computer system and to return the documentation. The Licensor is entitled to require a sworn statement by the Licensee regarding such deletion.

§6 Warranty, Liability

The Licensee may only make warranty claims owing to faults in the software or the documentation against the provider of the software, in particular the reseller. If the Licensor is itself the supplier – if the ecoDMS computer program is purchased directly from the Licensor – the Licensor will provide a warranty pursuant to the ecoDMS General terms and Conditions (www.ecoDMS.de), unless otherwise agreed in individual cases. The Licensor warrants according to regulations on the sale of goods that the ecoDMS computer program provided has the agreed characteristics. If the ecoDMS computer program is faulty, the statutory provisions of Sections 434 ff. of the German Civil Code will apply. That does not apply if the Licensee modifies the supplied ecoDMS computer program or the product or the settings of additionally provided third-party software components or has these modified by a third party, and the Licensee cannot prove that the fault that has occurred is not attributable to the modification.

Liability for ordinary negligent breach of an obligation is excluded, insofar as no material contractual obligations or guarantees are affected, damages arising from loss of life, physical injury or health damage are not involved, and claims pursuant to the German Product Liability Act are unaffected.

The above provisions also apply to the managing directors, legal representatives, staff and other agents of the Licensor.
No warranty is provided for products and services made available by the Licensor free of charge, except for the functionality of the computer program. Liability for compensation or reimbursement of wasted expenditure is based on the following paragraph.

In the event of loss of data for which the Licensor is responsible, the Licensor is liable solely for the costs of reproduction of data for the backup copies to be produced by the Licensee and the restoration of data that would have been lost even in the event of proper backing up of the data. Statutory provisions shall apply in other respects.

The Licensor reserves the right to make a plea of contributory negligence.

Further, the following special provisions apply if the Licensee is an entrepreneur (pursuant to Section 14 of the German Civil Code):

If the Licensee is an entrepreneur, the warranty is limited to 12 months. The statutory periods of limitation shall apply in the case of wilful intent or gross negligence, personal injury or defects of title pursuant to Section 438 (1) 1. of the German Civil Code, and guarantees (Section 444 of the German Civil Code), and for claims pursuant to the German Product Liability Act.

If the Licensee is an entrepreneur, pursuant to Section 377 of the German Commercial Code, they shall assume a duty of inspecting all products supplied and services of the Licensor during the Agreement performance and of giving notice of defects (without delay).

If the Licensee is an entrepreneur, faults in the software, including other documents, of which the Licensor is notified, will be remedied by the Licensor within the warranty period. The Licensor may do so by supplementary delivery or replacement free of charge as the Licensor chooses. In the case of replacement, the Licensee is obliged to return the software, including other documents where applicable. If two attempts at subsequent performance fail, the Licensee is entitled to set an appropriate grace period for the rectification of the faults. The Licensee must indicate expressly and in writing that they reserve the right to withdraw from the contract in the case of further failure and/or to claim compensation. If the correction also fails in the grace period, the Licensee may withdraw from the Agreement or reduce the payment, unless the fault is insignificant. The Licensor will provide compensation or reimbursement of wasted expenditure within the limits set out in this section. If the Licensor renders troubleshooting or error elimination services without being obliged to do so, the Licensor may require remuneration in accordance with the Licensor's usual rates. That applies in particular if a fault cannot be demonstrated or is not attributable to the Licensor.

If the Licensee is an entrepreneur, the licensor shall solely provide compensation in any cases of contractual and non-contractual liability up to the following limits:

1. in the case of wilful intent, or lack of a characteristic for which the Licensor has assumed a guarantee: in full;
2. in the case of gross negligence: only to the extent of the foreseeable damage that the duty that was breached was intended to prevent;
3. in other cases: only resulting from the violation of a material contractual obligation, and only to the extent of the foreseeable damage. "Material contractual obligations" are obligations that protect the material contractual rights of the Licensee that the Agreement must grant the Licensee according to its content and purpose; further, those contractual obligations are material whose performance is essential for the proper performance of the Agreement and which the Licensee may routinely trust to be fulfilled.

The liability limits do not apply to liability for personal damage and to liability pursuant to the German Product Liability Act.

If the Licensee is an entrepreneur, they may only offset res judicata or uncontested claims against the claims of the Licensor. When describing, isolating, establishing and reporting errors, the Licensee, where possible, should make their error reports and queries as precise as possible, and, where available, use appropriately skilled staff for this purpose. Where applicable, checklists provided by the reseller or Licensor should be used.

§7 Duty of Cooperation

The Licensor has studied the key features of the ecoDMS computer program and bears the risk of whether these meet their wishes and requirements. The Licensor, if in doubt, should seek the advice of staff of the Licensor or third-party specialists before concluding the Agreement.

The establishment of a functioning hardware and software environment for the subjects of the Agreement, including a sufficient capacity to handle the additional load that the subjects of the Agreement represent, is the sole responsibility of the Licensee. The same applies to appropriate precautions in case the software does not work properly or not in full (e.g. by backing up data on a daily basis, error diagnosis, regular checking of the data processing results and the safekeeping of the digitalised documents to enable easy reconstruction of any lost data).

The Licensee installs the ecoDMS computer program at his own risk and at his own expense. The same applies if certain updates/upgrades and releases require the re-installation of the ecoDMC computer program during the agreed licence period.

The Licensee will take note of the advice given by the Licensor for the installation and operation of the ecoDMS computer program, and will study current advice on the websites accessible via the internet at regular intervals.

§8 Updates

After purchasing the licence, the Licensee is entitled to obtain and use updates. Updates are obtained, unless otherwise agreed, by downloading them from the website of the Licensor. Unless other rules are agreed for the use of such updates, the present terms and conditions shall apply. The period and the scope of the authorisation to obtain and use updates is based on the terms of the licence purchased. Extension of the authorisation to obtain and use updates is based on the relevant agreements made. If no agreement is reached to such effect, the rules that the Licensor has established and published on his website shall apply.

§9 Remuneration of the Licensor

If the present Agreement is concluded and performed directly with the Licensor, without the involvement of a reseller, the payment agreements reached between the Licensor and the Licensee, and the General Terms and Conditions will apply. If the software is purchased through a reseller, the licence fee and, where applicable, purchased update authorisation for the first period of use, is deemed settled with payment of the purchase price.

§10 Open Source Components

The following components of the software have a special open source licence, the content of which can be viewed on the websites given below respectively. Express reference is made to this.

The ecoDMS printer client uses the following software:
GPL Ghostscript 9.02 (http://www.ghostscript.com)

The ecoDMS printer client itself has a GPLv2 licence. The source code may be requested from the author of the software.

Called programs from the printer driver do not have a GPLv2 licence.

By installing the software, you accept the terms and conditions of GPLv2: http://www.gnu.org/licenses/gpl-2.0.html

§11 Data Transfer Between the App Device and the Customer Server

The General Terms and Conditions of the Licensor apply (available at https://www.ecodms.de/index.php/en/gtc) and the EULA (available at https://www.ecodms.de/index.php/en/ecodms-archive/eula).

In the case of use/implementation of the "ecoDMS Mobile" tool, data sets of the user are transferred via the internet (mobile server – open source). The data transfer is encrypted (currently 2048 RSA encryption. "ecoDMS Mobile" only provides the necessary functionality on the end devices/ hardware of the users for this purpose, and not the relevant server capacity and functionality. No claims may be brought against ecoDMS as a result of failure of the mobile server.

Since the transfer involves stored data/data sets of the user, the user must observe and comply with statutory data protection rules when transferring data via the internet using the "ecoDMS Mobile" tool.

§12 Lifecycle

Only the last two versions (major releases) of the ecoDMS computer program are supported. You can read more about the lifecycle of the software at https://www.ecodms.de/index.php/en/ecodms-archive/lifecycle.

ecoDMS Mobile
The mobile service provided by ecoDMS GmbH and the associated mobile apps are under continual further development. The latest version of ecoDMS Mobile is always available for download in the App stores. The functions, services and processes are always in line with the technical development of the latest ecoDMS version. After the lifecycle of an ecoDMS version has expired, ecoDMS can no longer guarantee the functions and services. Users have no right for rectification of the ecoDMS Mobile version in case of incompatibility with an ecoDMS version after the lifecycle has come to an end.

§13 Miscellaneous

Amendments and additions to this Agreement must be made in writing. No oral agreements will be made. The General Terms and Conditions of the Licensee do not form part of this Agreement and do not apply to this contractual relationship.

This Agreement is governed exclusively by German law (of the Federal Republic of Germany), with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

If the Licensee is an entrepreneur, the exclusive jurisdiction for any and all disputes arising from and in connection with this Agreement is the seat of the Licensor. Should the Licensor file a lawsuit, the Licensor is also entitled to select the jurisdiction of the seat of the Licensee. The right of both parties to seek interim legal protection before the competent courts pursuant to statutory provisions is unaffected.

If any provision of this Agreement or any provision subsequently added shall be or become fully or partially void, or should a lacuna be found in this agreement or additions to it, the effectiveness of the remaining provisions will not be affected. The parties are aware that a severability clause may only invert the burden of proof with regard to whether the entire legal transaction is void. It is, however, the express wish of the parties to maintain the effectiveness of the remaining contractual provisions under all circumstances and thereby to waive Section 139 of the German Civil Code as a whole. The ineffective/void provision or contractual lacuna shall be replaced by an effective and enforceable provision agreed by the parties that comes closest to the intentions of the parties or what they would have intended in line with the purpose of the Agreement and any later additions if they had considered the item in question when concluding the Agreement. If the invalidity of a provision concerns a specified measure of performance or time (period or deadline), a provision must be agreed with the legally permissibly measure of performance or time that comes closest to the original measure.

§14 Components

The following components are elements of the ecoDMS computer program:
  • ecoDMS Client
  • ecoDMS Server
  • Connection Manager
  • PDF/A Printer (Printer Client)
  • Microsoft Office Plugin (not included with Free4Three)
  • OpenOffice & LibreOffice Addon (not included with Free4Three)
  • Thunderbird Addon (not included with Free4Three)
  • ecoDMS Webclient (not included with Free4Three)
  • ecoDMS Mobile App (not included with Free4Three)
  • ecoICE Client [until Version 14.08 (krusty)]
Individual, customer-specific extensions, developments and/or adaptations may be optionally purchased for the ecoDMS computer program.