END USER LICENSE AGREEMENT ("EULA")
Thank you for your interest in using our software "LeanIX Automation Platform". Our software supports companies with automation and data quality management in the enterprise architecture management tool LeanIX. The core functions are the creation of quality reports, automatic reminders for quality gaps and due quality checks, as well as the definition of automated event-driven actions in LeanIX for the operational improvement of data quality (hereinafter referred to as the "Software").
To use the Software, you need a LeanIX-EAM workspace and a current Internet browser such as Chrome or Firefox.
Below you will find the terms and conditions of Aronis GmbH, Louisenstr. 58, 61348 Bad Homburg, Germany (hereinafter referred to as the "Provider") for the use of the Software by you (hereinafter referred to as the "User").
BY CLICKING THE "I AGREE" BUTTON, YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY TERM OF THIS AGREEMENT, PLEASE CANCEL THIS PROCESS NOW. YOU ARE THEN NOT PERMITTED TO USE THE SOFTWARE.
§ 1 General provisions
(1) The following terms and conditions of the Provider (hereinafter referred to as the "Terms") apply to the use of the Software.
(2) The Provider's terms and conditions apply exclusively. Conflicting, additional or deviating terms and conditions of the User shall not become part of the contract unless the Provider has expressly agreed to their validity. The Provider's terms and conditions shall also apply if the Provider performs a service without reservation in the knowledge of conflicting or deviating terms and conditions of the user.
(3) The Provider's terms and conditions shall only apply if the user is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.
§ 2 Subject matter of the contract
The object of these terms and conditions is the free provision of the Software for revocable use.
§ 3 Rights of use; illegal use and legal consequences
(1) The user receives simple, spatially unlimited, non-sublicensable and non-transferable rights of use to the Software, which can be revoked by the Provider at any time.
(2) The Provider is entitled to revoke the right to use the Software free of charge at any time.
(3) The user may expressly neither carry out the following actions on the Software himself nor have them carried out by third parties, unless expressly permitted by law: Correcting errors in the Software, modifying and/or adapting it, decompiling, decrypting, disassembling. The user may not reverse engineer the Software, nor reconstruct or determine the source code or underlying ideas, algorithms, file formats and/or programming or interoperability interfaces of the Software or files contained therein or generated by it, nor rewrite the Software in any other way into a human-readable form, nor pass the Software on to third parties (hereinafter referred to as "illegal use")
(4) For each case of illegal use, the User shall pay the Provider an appropriate contractual penalty, the amount of which shall be determined by the Provider at its reasonable discretion and, in the event of a dispute, shall be reviewed by the competent court. The assertion or payment of the contractual penalty does not exclude the assertion of a claim for injunctive relief or damages in excess of the contractual penalty against the user by the Provider. A forfeited and paid contractual penalty shall be offset in full against such compensation.
§ 4 Remuneration
The Software is made available to the user by the Provider free of charge upon revocation.
§ 5 Further development of the Software
The user is not entitled to further development of the Software, but the Provider is entitled to do so at any time.
§ 6 General liability of the Provider
(1) The liability of the Provider is governed by §§ 599, 600 of the German Civil Code. In the case of simple negligence, the Provider is also liable for damages resulting from injury to life, body or health. The provisions of the Product Liability Act remain unaffected by this.
(2) Insofar as liability towards the Provider is excluded or limited, this also applies to the personal liability of the Provider's legal representatives.
§ 7 Term, termination
(1) The right of use may be terminated by the Provider in writing or in text form at any time.
(2) The right to extraordinary termination for good cause remains unaffected.
§ 8 Final provisions
(1) If the User is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction for any disputes arising from the business relationship between the Provider and the User shall be Frankfurt, Germany. The Provider is also entitled to take legal action at the registered office of the User as well as at any other permissible place of jurisdiction.
(2) The relationship between the Provider and the User shall be governed exclusively by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) shall not apply.
(3) Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.