EULA for current software versions
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License Agreement for ecoDMS (burns) | Build 22.08 and higher EULA - Licensing Terms
Read the licensing terms for ecoDMS software here.
This software is protected by copyright for the
ecoDMS GmbH
Dresdener Straße 1
D-52068 Aachen
Telephone: +49 (0) 241 47 57 2-01
Fax: +49 (0) 241 47 57 2-29
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
http://www.ecodms.de
Management:
Dipl.-Betrw. Michael Schmitz
Helge Lühmann
Registered Office: Aachen
Register Court: Aachen Local Court HRB 19201
- hereafter referred to as "ecoDMS" -.
ecoDMS-hereafter referred to as the Licensor-shall grant you the rights to use this software under the following Licensing Terms. These Terms shall apply equally to entrepreneurs and consumers.
A consumer in the sense of Section 13 of the German Civil Code [Bürgerliches Gesetzbuch] is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
An entrepreneur in the sense of Section 14 of the German Civil Code is 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.§1 Contract Object
This contract regulates the use of the archiving software (hereafter referred to as the "software") in its approved full version, including the licensing key required for approval (and the program description, instructions and other related materials/the "documentation").
Should this Contract be concluded or implemented without a dealer directly through ecoDMS, the license and payment agreement between ecoDMS and the Licensee and the General Terms and Conditions of ecoDMS (hereafter: GTC, retrievable at: http://www.ecodms.de/index.php/en/gtc) shall apply. Should the software be acquired through a dealer, the licensing fee and any update authorization that may have been granted for the first usage period shall be considered settled with the payment of the purchase price.
The Licensee shall not obtain any intellectual property rights to the provided software. The source code of software is not part of the provided software.
The product description on the ecoDMS website shall be decisive for determining the characteristics of the software provided by ecoDMS. ecoDMS shall owe no further characteristics for the software. The Licensee may especially not derive any further characteristics from other depictions of ecoDMS software in public statements or advertisement by the seller and/or ecoDMS, its employees or distribution partners, unless ecoDMS expressly confirms these further characteristics in writing.
Should ecoDMS employees and/or distribution partners and resellers provide guarantees prior to Contract conclusion, such guarantees shall only be effective if confirmed by ecoDMS's management in writing.
Installation of the provided software shall not be part of the Contract. ecoDMS shall refer to the installation instructions. This shall especially also apply to the hardware and software environment in which the software is used. The software is only compatible with operating systems approved by ecoDMS. A list of approved operating systems is published by ecoDMS at "http://www.ecodms.de" and shall therefore be considered essential components of the respective Contract.
Unless resulting otherwise from the ecoDMS product description(s) or GTC, the Licensee shall receive no additional support services, such as updates to acquired ecoDMS software or individual user support by ecoDMS.§2 Delivery/Installation
The handover of the main program to the Licensee shall occur exclusively by the Licensee downloading of a digital copy of the ecoDMS software from the ecoDMS website and saving the file onto a storage location selected by him.
To use every function, the Licensee must acquire a license from ecoDMS or from an authorized dealer/reseller. ecoDMS shall send the licensing key to the Licensee by email. The licensing key provided by ecoDMS must either be activated online via the ecoDMS website or directly through the ecoDMS software. During activation, information about the hardware of the computer on which the ecoDMS server is installed will be transferred in addition to the licensing information.
For free versions of the software only provided for download to consumers in the sense of Section 13 of the German Civil Code, the respective license shall already be included in the data downloaded from the ecoDMS website. Entrepreneurs in the sense of Section 14 of the German Civil Code shall have the opportunity to use a trial version of the software free of charge which may merely be employed as a limited/temporary version prior to its acquisition or granting of the license.
For the installation of the software, ecoDMS shall refer to the installation notices in the product description, especially for the hardware and software environment which the Licensee must have.
To meet delivery deadlines, the time at which the software is provided to be retrieved online and the Licensee is notified of this by ecoDMS shall be decisive.
As long as ecoDMS is hindered ("force majeure") from providing its services due to strikes or lockouts at third-party or ecoDMS operations (though, in the later case, only if the labor dispute is legal), intervention by officials, statutory prohibitions or other circumstances for which ecoDMS is not responsible, the delivery and service period shall be extended for the duration of the hindrance and for an appropriate period after the hindrance is removed ("downtime"). No breach of duty shall occur during downtime. ecoDMS shall notify the Licensee without delay of any such hindrances and of their projected duration. Should the force majeure continue uninterrupted for more than 3 months, both Parties shall be released from their service obligations.§3 Usage Rights
ecoDMS shall grant the Licensee the simple, transferrable right to use the software in the agreed hardware and software environment for private and/or business purposes (depending on the license type) without temporal limitations. The discounted ecoDMS private license may only be used for private purposes. Any commercial or business use of this license is not permitted
The license number, the version and the extent of the license (number of licenses) may be found in the email in which the licensing key was sent. The license number and the version may also be viewed through a function in the program. The granted license shall always refer to a previously defined licensee and is intended to be saved/used on a computer that may be accessed to the agreed extent by individual users. Simultaneous saving, storing or use on more than one computer shall not be permitted. Should the Licensee wish to use the software on several computers simultaneously, such as at several branch offices, he must acquire an according number of licenses.
No editing rights shall be granted to the Licensee.
Renting the software shall not be permitted.
The Licensee may not remove and/or alter any existing copy protection.
The Licensee must take appropriate technical and organizational measures to ensure that the software will be used according to its intended use.
The Licensee may make a copy of the software for backup purposes. Reproduction of the software for an orderly data backup is part of its intended use.
Should the Licensee exercise his right to transfer his usage rights to a third party, he must also subject the third party to his Contractual obligations. The usage rights of the Licensee shall expire with the transfer. Any existing copies of the software must be deleted.
Under Section 158(1) of the German Civil Code, rights granting shall only come into effect after the Licensee pays the required compensation in full.
Should the Licensee seriously infringe on the agreed usage rights, ecoDMS may extraordinarily terminate the usage rights granted for the affected software. However, this shall require ecoDMS to have provided an unsuccessful warning with an appropriate grace period.
In case of termination, the Licensee must delete all of his copies of the software and confirm having done so to ecoDMS in text form upon request.
Further statutory and Contractual regulations shall remain unaffected.
The above-stated regulations on rights granting shall apply accordingly to free versions for consumers in the sense of Section 13 of the German Civil Code and, if used free of charge, to trial versions for entrepreneurs in the sense of Section 14 of the German Civil Code.
Should the software refer to third-party licenses, these components shall be noted during the installation process and/or as a text file with the software.§4 Updates
After acquiring the license, the Licensee may receive and use updates. Updates shall-unless agreed to otherwise-be obtained via download from the ecoDMS website. If no other regulations are agreed to for the use of these updates, the updates shall also be governed by these terms. The duration and extent of the authorization for the use of the updates shall follow the regulations of the acquired license. The extension of the authorization to obtain and use the updates shall follow the respective agreements. Should no agreement be concluded about this, the regulations that ecoDMS issued and published on its website shall apply. When a license expires, the licensee is no longer entitled to obtain updates or to use them. The software version available, when a license expires, can still be used by the licensee in accordance with §3 (1); Support from ecoDMS no longer takes place.
§5 Licensee Obligation to Cooperate
The Licensee has informed himself about the essential functional characteristics of the ecoDMS software and shall bear the risk of whether it meets his expectations. If in doubt, ecoDMS recommends that the Licensee seek advice from ecoDMS employees or competent third parties prior to Contract conclusion.
The Licensee shall be solely responsible for establishing a functional-and, also in consideration of the additional burden by the Contractual object, sufficiently dimensioned-hardware and software environment for the Contractual objects. The same shall apply to appropriate provisions in case the software fails to work fully or partially (e.g., by performing daily data backups, error diagnoses, regular data processing results reviews and safekeeping digitized documents to allow simple reconstruction of any lost data).
The Licensee shall install the software at his responsibility and expense. This shall also apply if certain updates/upgrades and releases require the software to be re-installed during the agreed licensing period. The Licensee shall follow the notices provided by ecoDMS for the installation and operation of the software; he shall regularly visit the websites accessible through the Internet to inform himself about current notices and consider them when operating the software.§6 Guarantee, Liability
Guarantee claims for software or documentation defects shall only be granted to the Licensee against the supplier of the software-i.e., especially the dealer. Should ecoDMS be the supplier -if the software is acquired directly from ecoDMS-, ecoDMS shall provide as follows in accordance with its GTC, unless agreed to otherwise in individual cases:
In accordance with sales law regulations, ecoDMS must guarantee that the provided software meets the agreed characteristics. Should the software be defective, the statutory regulations of Section 434 et seq. of the German Civil Code shall apply. However, they shall not apply if the Licensee changes the provided software or has it changed by third parties and if the Licensee cannot prove that a defect did not occur due to the changes.
Should the Licensee discover an error/defect in the provided software, he may report this to ecoDMS using their published contact details or via http://www.ecodms.de/index.php/en/support/error-tickets and receive support. However, the latter case shall only be subject to the regulations of the guarantee if the reported error is a software error/defect that was not caused by third-party software, a user error, incorrect installation or the like. A fee will be charged for non-software error/defect support.
Except for the functionality of the software, no guarantee shall be provided for the products and services provided by ecoDMS free of charge. Liability for damage compensation or reimbursement of comparable expenses shall follow § 12 of these Terms. ecoDMS shall reserve the right of defense of contributory fault.
Liability for simply (slightly) negligent breaches of duty shall be excluded, except for essential Contract duties or guarantees, injuries to life, the body or one's health and if claims under the German Product Liability Act [Produkthaftungsgesetz] remain unaffected.
In case of loss of data for which ecoDMS is responsible, ecoDMS shall only be liable for the costs of the reproduction of the data for the backup copies to be created by the Licensee and for the restoration of the data that would also have been lost if the data had been secured properly. Apart from that, statutory regulations shall apply.
The above-stated regulations shall also apply to the managing directors, legal representatives, employees and other vicarious agents of ecoDMS.
If the Licensee is an entrepreneur (Section 14 of the German Civil Code), the special regulations of § 8 of these Terms shall also apply.§7 Special Regulations for Entrepreneurs (Section 14 of the German Civil Code)
If the Licensee is an entrepreneur, the statute of limitations for any guarantee claims (§ 7) shall be one year and commence with the delivery or providing (as well as notifying the Licensee) of the Contractual objects or the performance of the service. The same statute of limitations shall apply to any other claims of any kind against ecoDMS.
In case of intent or gross negligence, fraudulent concealment, personal injuries, defect claims in the sense of Section 438(1) No. 1a of the German Civil Code and for guarantees (Section 444 of the German Civil Code) and claims under the German Product Liability Act, the statutory statute of limitations shall apply.
If the Licensee is an entrepreneur, he shall, in accordance with Section 377 of the German Commercial Code [Handelsgesetzbuch], assume (without delay) the inspection and reporting obligations for any deliveries and services by ecoDMS for the implementation of the Contract.
Should ecoDMS perform services when searching for or remedying errors without being required to do so, ecoDMS may charge a fee in compensation in accordance with its regular rates. This shall especially apply to defects that cannot be demonstrated or attributed to ecoDMS.
If the Licensee is an entrepreneur, ecoDMS shall provide damage compensation for all cases of Contractual and non-Contractual liability according to the following limitations:
- In case of intent or lacking characteristics for which ecoDMS provided a guarantee, in full;
- In case of gross negligence, only for foreseeable damages that were supposed to be prevented by the duty that was breached;
- In other cases: Only for breaches of essential contractual obligations, but always for the amount of foreseeable damages. "Essential contractual obligations" are obligations that protect the contractual legal positions of the Licensee which the contract must grant him under its purpose; furthermore, contractual obligations whose fulfillment make orderly contract implementation possible and on whose adherence the Licensee may regularly rely are essential;
- Apart from that, if ecoDMS is insured against the damages, under its insurance coverage and conditional upon insurance payments.
These liability limitations shall not apply to liability for personal damages or to liability under the German Product Liability Act.
If the Licensee is an entrepreneur, the sole place of jurisdiction for any disputes arising from or in relation to the Contract shall be the registered office of ecoDMS. However, should ecoDMS sue, it may also file suit at the location of the Licensee. The right of both parties to interim relief for seeking redress in court in accordance with statutory regulations shall remain unaffected.
If the Licensee is an entrepreneur, he may only offset claims of ecoDMS with legally established or undisputed claims.§8 Privacy
The privacy rules for the operation of the ecoDMS web portal result from its respectively valid Privacy Policy, retrievable under http://www.ecodms.de/index.php/en/privacy-policy. Apart from that, information on data collection or data processing by ecoDMS shall be provided through separate declarations.
§9 Final Provisions
Changes and additions to the Contract must be issued in writing. Oral side agreements shall not be concluded. General terms and conditions of the Licensee shall not be part of this Contract and shall have no validity for the Contractual relationship.
German law (of the Federal Republic of Germany) shall apply exclusively under exclusion of the UN Convention on the Sale of Goods (CISG). However, this governing law shall only apply to consumers (Section 13 of the German Civil Code) insofar as the provided protection is not revoked by relevant statutory regulations of the state in which the consumer has his habitual residence.
Should a regulation of the Contract or a subsequently added regulation prove to be fully or partially invalid or should a gap be discovered in the Contract or in its additions, the validity of the remaining regulations shall remain unaffected. The Parties are aware that a severability clause may merely reverse the burden of proof. Nonetheless, it is the express will of the Parties to uphold the validity of the remaining Contractual regulations under any circumstances and to thereby waive Section 139 of the German Civil Code. Instead of the invalid regulation or to fill the gap, an effective and enforceable regulation shall be concluded that most closely approximates what the Parties intended or would have wanted legally and economically in accordance with the purpose of the Contract and its subsequent additions if they had thought of this point during Contract conclusion. Should the invalidity of the regulation be due to a measure of performance or time specified therein (period or date), a regulation shall be concluded that most closely and approximates the original measure to the legally permissible extent.
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License Agreement for ecoMAILZ (donnie) This software is protected by copyright for the
ecoDMS GmbH
Dresdener Straße 1
D-52068 Aachen
Telephone: +49 (0) 241 47 57 2-01
Fax: +49 (0) 241 47 57 2-29
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
http://www.ecodms.de
Management:
Dipl.-Betrw. Michael Schmitz
Helge Lühmann
Registered Office: Aachen
Register Court: Aachen Local Court HRB 19201
- hereafter referred to as "ecoDMS" -.
ecoDMS-hereafter referred to as the Licensor-shall grant you the rights to use this software under the following Licensing Terms. These Terms shall apply equally to entrepreneurs and consumers.
A consumer in the sense of Section 13 of the German Civil Code [Bürgerliches Gesetzbuch] is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
An entrepreneur in the sense of Section 14 of the German Civil Code is 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.§1 Contract Object
The object the Contract is the present archiving software (hereafter referred to as the "software") in its approved full version, including the licensing key required for approval (and the program description, instructions and other related materials/the "documentation").
Should this Contract be concluded or implemented without a dealer directly through ecoDMS, the payment agreement between ecoDMS and the Licensee and the General Terms and Conditions of ecoDMS (hereafter: GTC, retrievable at: http://www.ecodms.de/index.php/en/gtc) shall apply. Should the software be acquired through a dealer, the licensing fee and any update authorization that may have been granted for the first usage period shall be considered settled with the payment of the purchase price.
The Licensee shall not obtain any intellectual property rights to the provided software. The source code of software is not part of the provided software.
The product description on the ecoDMS website shall be decisive for determining the characteristics of the software provided by ecoDMS. ecoDMS shall owe no further characteristics for the software. The Licensee may especially not derive any further characteristics from other depictions of ecoDMS software in public statements or advertisement by the seller and/or ecoDMS, its employees or distribution partners, unless ecoDMS expressly confirms these further characteristics in writing.
Should ecoDMS employees and/or distribution partners and resellers provide guarantees prior to Contract conclusion, such guarantees shall only be effective if confirmed by ecoDMS's management in writing.
Installation of the provided software shall not be part of the Contract. ecoDMS shall refer to the installation instructions. This shall especially also apply to the hardware and software environment in which the software is used. The software is only compatible with operating systems approved by ecoDMS. A list of approved operating systems is published by ecoDMS at "http://www.ecodms.de" and shall therefore be considered essential components of the respective Contract.
Unless resulting otherwise from the ecoDMS product description(s) or GTC, the Licensee shall receive no additional support services, such as updates to acquired ecoDMS software or individual user support by ecoDMS.§2 Delivery/Installation
The handover of the main program to the Licensee shall occur exclusively by the Licensee downloading of a digital copy of the ecoDMS software from the ecoDMS website and saving the file onto a storage location selected by him.
To use every function, the Licensee must acquire a license from ecoDMS or from an authorized dealer/reseller. ecoDMS shall send the licensing key to the Licensee by email. The licensing key provided by ecoDMS must either be activated online via the ecoDMS website or directly through the ecoDMS software. During activation, information about the hardware of the computer on which the ecoDMS server is installed will be transferred in addition to the licensing information.
For free versions of the software only provided for download to consumers in the sense of Section 13 of the German Civil Code, the respective license shall already be included in the data downloaded from the ecoDMS website. Entrepreneurs in the sense of Section 14 of the German Civil Code shall have the opportunity to use a trial version of the software free of charge which may merely be employed as a limited/temporary version prior to its acquisition or granting of the license.
For the installation of the software, ecoDMS shall refer to the installation notices in the product description, especially for the hardware and software environment which the Licensee must have.
To meet delivery deadlines, the time at which the software is provided to be retrieved online and the Licensee is notified of this by ecoDMS shall be decisive.
As long as ecoDMS is hindered ("force majeure") from providing its services due to strikes or lockouts at third-party or ecoDMS operations (though, in the later case, only if the labor dispute is legal), intervention by officials, statutory prohibitions or other circumstances for which ecoDMS is not responsible, the delivery and service period shall be extended for the duration of the hindrance and for an appropriate period after the hindrance is removed ("downtime"). No breach of duty shall occur during downtime. ecoDMS shall notify the Licensee without delay of any such hindrances and of their projected duration. Should the force majeure continue uninterrupted for more than 3 months, both Parties shall be released from their service obligations.§3 Usage Rights
ecoDMS shall grant the Licensee the simple, transferrable right to use the software in the agreed hardware and software environment for private and/or business purposes without temporal limitations.
The license number, the version and the extent of the license (number of licenses) may be found in the email in which the licensing key was sent. The license number and the version may also be viewed through a function in the program. The granted license shall always refer to a previously defined licensee and is intended to be saved/used on a computer that may be accessed to the agreed extent by individual users. Simultaneous saving, storing or use on more than one computer shall not be permitted. Should the Licensee wish to use the software on several computers simultaneously, such as at several branch offices, he must acquire an according number of licenses.
No editing rights shall be granted to the Licensee.
Renting the software shall not be permitted.
The Licensee may not remove and/or alter any existing copy protection.
The Licensee must take appropriate technical and organizational measures to ensure that the software will be used according to its intended use.
The Licensee may make a copy of the software for backup purposes. Reproduction of the software for an orderly data backup is part of its intended use.
Should the Licensee exercise his right to transfer his usage rights to a third party, he must also subject the third party to his Contractual obligations. The usage rights of the Licensee shall expire with the transfer. Any existing copies of the software must be deleted.
Under Section 158(1) of the German Civil Code, rights granting shall only come into effect after the Licensee pays the required compensation in full.
Should the Licensee seriously infringe on the agreed usage rights, ecoDMS may extraordinarily terminate the usage rights granted for the affected software. However, this shall require ecoDMS to have provided an unsuccessful warning with an appropriate grace period.
In case of termination, the Licensee must delete all of his copies of the software and confirm having done so to ecoDMS in text form upon request.
Further statutory and Contractual regulations shall remain unaffected.
The above-stated regulations on rights granting shall apply accordingly to free versions for consumers in the sense of Section 13 of the German Civil Code and, if used free of charge, to trial versions for entrepreneurs in the sense of Section 14 of the German Civil Code.
Should the software refer to third-party licenses, these components shall be noted during the installation process and/or as a text file with the software.§4 Updates
After acquiring the license, the Licensee may receive and use updates. Updates shall-unless agreed to otherwise-be obtained via download from the ecoDMS website. If no other regulations are agreed to for the use of these updates, the updates shall also be governed by these terms. The duration and extent of the authorization for the use of the updates shall follow the regulations of the acquired license. The extension of the authorization to obtain and use the updates shall follow the respective agreements. Should no agreement be concluded about this, the regulations that ecoDMS issued and published on its website shall apply.
§5 Licensee Obligation to Cooperate
The Licensee has informed himself about the essential functional characteristics of the ecoDMS software and shall bear the risk of whether it meets his expectations. If in doubt, ecoDMS recommends that the Licensee seek advice from ecoDMS employees or competent third parties prior to Contract conclusion.
The Licensee shall be solely responsible for establishing a functional-and, also in consideration of the additional burden by the Contractual object, sufficiently dimensioned-hardware and software environment for the Contractual objects. The same shall apply to appropriate provisions in case the software fails to work fully or partially (e.g., by performing daily data backups, error diagnoses, regular data processing results reviews and safekeeping digitized documents to allow simple reconstruction of any lost data).
The Licensee shall install the software at his responsibility and expense. This shall also apply if certain updates/upgrades and releases require the software to be re-installed during the agreed licensing period. The Licensee shall follow the notices provided by ecoDMS for the installation and operation of the software; he shall regularly visit the websites accessible through the Internet to inform himself about current notices and consider them when operating the software.§6 Guarantee, Liability
Guarantee claims for software or documentation defects shall only be granted to the Licensee against the supplier of the software-i.e., especially the dealer. Should ecoDMS be the supplier-if the software is acquired directly from ecoDMS-, ecoDMS shall provide the following guarantees, unless agreed to otherwise in individual cases:
In accordance with sales law regulations, ecoDMS must guarantee that the provided software meets the agreed characteristics. Should the software be defective, the statutory regulations of Section 434 et seq. of the German Civil Code shall apply. However, they shall not apply if the Licensee changes the provided software or has it changed by third parties and if the Licensee cannot prove that a defect did not occur due to the changes.
Should the Licensee discover an error/defect in the provided software, he may report this to ecoDMS using their published contact details or via http://www.ecodms.de/index.php/en/support/error-tickets and receive support. However, the latter case shall only be subject to the regulations of the guarantee if the reported error is a software error/defect that was not caused by third-party software, a user error, incorrect installation or the like. A fee will be charged for non-software error/defect support.
Except for the functionality of the software, no guarantee shall be provided for the products and services provided by ecoDMS free of charge. Liability for damage compensation or reimbursement of comparable expenses shall follow § 12 of these Terms. ecoDMS shall reserve the right of defense of contributory fault.
Liability for simply (slightly) negligent breaches of duty shall be excluded, except for essential Contract duties or guarantees, injuries to life, the body or one's health and if claims under the German Product Liability Act [Produkthaftungsgesetz] remain unaffected.
In case of loss of data for which ecoDMS is responsible, ecoDMS shall only be liable for the costs of the reproduction of the data for the backup copies to be created by the Licensee and for the restoration of the data that would also have been lost if the data had been secured properly. Apart from that, statutory regulations shall apply.
The above-stated regulations shall also apply to the managing directors, legal representatives, employees and other vicarious agents of ecoDMS.
If the Licensee is an entrepreneur (Section 14 of the German Civil Code), the special regulations of § 8 of these Terms shall also apply.§7 Special Regulations for Entrepreneurs (Section 14 of the German Civil Code)
If the Licensee is an entrepreneur, the statute of limitations for any guarantee claims (§ 7) shall be one year and commence with the delivery or providing (as well as notifying the Licensee) of the Contractual objects or the performance of the service. The same statute of limitations shall apply to any other claims of any kind against ecoDMS.
In case of intent or gross negligence, fraudulent concealment, personal injuries, defect claims in the sense of Section 438(1) No. 1a of the German Civil Code and for guarantees (Section 444 of the German Civil Code) and claims under the German Product Liability Act, the statutory statute of limitations shall apply.
If the Licensee is an entrepreneur, he shall, in accordance with Section 377 of the German Commercial Code [Handelsgesetzbuch], assume (without delay) the inspection and reporting obligations for any deliveries and services by ecoDMS for the implementation of the Contract.
Should ecoDMS perform services when searching for or remedying errors without being required to do so, ecoDMS may charge a fee in compensation in accordance with its regular rates. This shall especially apply to defects that cannot be demonstrated or attributed to ecoDMS.
If the Licensee is an entrepreneur, ecoDMS shall provide damage compensation for all cases of Contractual and non-Contractual liability according to the following limitations:- In case of intent or lacking characteristics for which ecoDMS provided a guarantee, in full;
- In case of gross negligence, only for foreseeable damages that were supposed to be prevented by the duty that was breached;
- In other cases: Only for breaches of essential contractual obligations, but always for the amount of foreseeable damages. "Essential contractual obligations" are obligations that protect the contractual legal positions of the Licensee which the contract must grant him under its purpose; furthermore, contractual obligations whose fulfillment make orderly contract implementation possible and on whose adherence the Licensee may regularly rely are essential;
- Apart from that, if ecoDMS is insured against the damages, under its insurance coverage and conditional upon insurance payments.
These liability limitations shall not apply to liability for personal damages or to liability under the German Product Liability Act.
If the Licensee is an entrepreneur, the sole place of jurisdiction for any disputes arising from or in relation to the Contract shall be the registered office of ecoDMS. However, should ecoDMS sue, it may also file suit at the location of the Licensee. The right of both parties to interim relief for seeking redress in court in accordance with statutory regulations shall remain unaffected.
If the Licensee is an entrepreneur, he may only offset claims of ecoDMS with legally established or undisputed claims.§8 Privacy
The privacy rules for the operation of the ecoDMS web portal result from its respectively valid Privacy Policy, retrievable under http://www.ecodms.de/index.php/en/privacy-policy. Apart from that, information on data collection or data processing by ecoDMS shall be provided through separate declarations.
§9 Final Provisions
Changes and additions to the Contract must be issued in writing. Oral side agreements shall not be concluded. General terms and conditions of the Licensee shall not be part of this Contract and shall have no validity for the Contractual relationship.
German law (of the Federal Republic of Germany) shall apply exclusively under exclusion of the UN Convention on the Sale of Goods (CISG). However, this governing law shall only apply to consumers (Section 13 of the German Civil Code) insofar as the provided protection is not revoked by relevant statutory regulations of the state in which the consumer has his habitual residence.
Should a regulation of the Contract or a subsequently added regulation prove to be fully or partially invalid or should a gap be discovered in the Contract or in its additions, the validity of the remaining regulations shall remain unaffected. The Parties are aware that a severability clause may merely reverse the burden of proof. Nonetheless, it is the express will of the Parties to uphold the validity of the remaining Contractual regulations under any circumstances and to thereby waive Section 139 of the German Civil Code. Instead of the invalid regulation or to fill the gap, an effective and enforceable regulation shall be concluded that most closely approximates what the Parties intended or would have wanted legally and economically in accordance with the purpose of the Contract and its subsequent additions if they had thought of this point during Contract conclusion. Should the invalidity of the regulation be due to a measure of performance or time specified therein (period or date), a regulation shall be concluded that most closely and approximates the original measure to the legally permissible extent.
