License Agreement

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 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. 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.

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.