LICENSE.txt
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End User License Agreement (EULA) for the use of the BCONNECTV2 software
baramundi software GmbH (hereinafter referred to as the "Licensor") is the provider of the bConnectV2 software (hereinafter referred to as the "Contract Software"). The Contract Software is a PowerShell module that simplifies interaction with the bConnect v2 REST API for the user and offers an efficient way to manage and automate tasks. § 1 Scope of these license terms (1) This End User License Agreement (hereinafter referred to as "EULA") applies between the Licensor and the user, insofar as the Contract Software is made available to the user free of charge for a limited period of time. Users within the meaning of this EULA are exclusively entrepreneurs and their employees. Entrepreneurs within the meaning of this EULA are natural or legal persons or partner- ships with legal capacity who, at the time of concluding the legal transaction, are acting in the exercise of their commercial or inde- pendent professional activity. (2) The Microsoft PowerShell Gallery Terms of Use, which are available at https://www.powershellgallery.com/policies/Terms, also apply. For other deliveries and services of a different nature provided by the Licensor, further or supplementary contractual terms and conditions may apply. Furthermore, separate contractual terms and conditions of the respective telecommunications services may apply to access to the Internet or mobile network and their use. (3) Individual contractual agreements shall also take precedence over this EULA. Deviating, conflicting, or supplementary general terms and conditions of the user shall not become part of the contract unless their validity is expressly agreed to. (4) The user has already declared their agreement with the validity of this EULA prior to the conclusion of the contract. This EULA is recognized as binding at the latest upon use of the Contractual Software. § 2 Subject matter of the license (1) The subject matter of the license is the use of the Contractual Software, which is provided to the user free of charge by the Licen- sor. (2) The user has no right to receive the source code. (3) For third-party software products, the license terms of the respective manufacturer apply. This also applies to open source soft- ware. § 3 Rights of use (1) The user is granted the non-exclusive, non-transferable, and non-sublicensable right, limited to the term of the contract, to use the subject matter of the license in unmodified form to the extent of the agreed type of use on the devices for which it is intended. The application may only be used by the maximum number of authorized users (so-called clients) in accordance with the licenses pur- chased by the customer in accordance with these license terms. (2) The right to reproduce is limited to the reproduction necessary for loading, displaying, running, transferring, and storing the Con- tractual Software, as well as to the right to make backup copies to the extent necessary for its operation by a person authorized to do so in accordance with § 69 d (2) of the German Copyright Act (UrhG). (3) The right to decompile software is only granted under the conditions of § 69 e (1) Sec. 1 to 3 UrhG and within the scope of § 69 e (2) Sec. 1 to 3 UrhG. (4) This license does not entitle the user to receive future upgrades, updates (with the exception of security updates), or enhance- ments to the software. Upgrades and updates are not automatically installed for the user; rather, the user must install them them- selves. If such upgrades, updates, or enhancements are obtained, the use of these upgrades or updates and any changes to which they may be subject are nevertheless subject to this EULA. (5) The user is not entitled to remove or circumvent technical protection measures of software, unless this is necessary to achieve trouble-free use of the program. (6) If the user violates any of the above provisions, all rights of use granted within the scope of the contractual relationship shall immediately become invalid and automatically revert to the Licensor. In this case, the user must immediately and completely cease use of the Contractual Software and, if necessary, delete any backup copies and hand them over to the Licensor. (7) The Licensor may terminate the rights of use for good cause. Good cause shall be deemed to exist in particular if the Licensor cannot reasonably be expected to continue to adhere to the contract, especially if the user violates the license terms in a significant manner. (8) The user is not granted any further rights of use to the software. (9) The above provisions are also binding on the parties under contract law. § 4 Open source software (1) The software may contain open source software that the Licensor has received from a third party. The Licensor has not paid any license fees for the inclusion of open source software; accordingly, the user will not be charged any license fees for the use of the open source software. (2) Open source software is subject exclusively to the license terms of the rights holder underlying this software. The Licensor shall either provide the relevant software license terms for the open source software in the software documentation or provide a link in the documentation where the applicable license terms can be downloaded. The user shall comply with the terms of use. (3) The Licensor is not liable for errors in open source software. Warranty claims regarding the open source software used are ex- cluded against the Licensor. (4) The Licensor shall not be liable for any damage of any kind incurred by the user through the use of open source software, even if the Licensor has supplied the open source software to the user or if the Licensor has indicated in the documentation that open source software is also required by the Licensor for the operation of the software. Liability for open source software is not excluded if it is required by law. § 5 Provision of the software/software documentation (1) The Licensor shall make the Contractual Software available to the user for download. (2) In addition to the Contractual Software, the Licensor shall provide the user with a user manual and product documentation to the extent necessary. The user shall receive the documentation in electronic form. (3) The user is entitled to store and print the documentation and manual provided, while maintaining existing property right notices, and to reproduce them in reasonable numbers for the purposes of this contract. § 6 User obligations (1) The user shall promote the proper use of the applications through active and appropriate cooperation. The user shall provide the Licensor with the information and data necessary for the proper provision of services. (2) The user must comply with the applicable law of the Federal Republic of Germany, in particular data protection and youth protec- tion regulations, criminal law provisions, and these license terms. In particular, the user is obligated to: • protecting the access data provided and the corresponding identification and authentication mechanisms from access by unauthorized third parties and not passing them on to such third parties; • not to execute any applications that could lead to a change in the physical or logical structure of the networks, such as vi- ruses. § 7 Warranty (1) It is expressly pointed out that the trouble-free and unrestricted quality and functionality of the software is also regularly depend- ent on software components from third-party providers. Any changes to such software components or to the user's hardware and software environments may lead to restrictions in the functionality of the software to be provided by the Licensor. (2) The quality and functionality of the software are specified in the corresponding service description, which is not to be understood as a warranty. A warranty is only granted if it has been expressly designated as such. (3) The Licensor shall provide all deliveries and services in accordance with the current state of the art. (4) The following explicit restriction applies generally to software applications provided: no software or IT infrastructure on the mar- ket is 100% secure and 100% free of defects. This is due, among other things, to the large number of viruses in circulation and the fact that there are fundamental security risks that cannot yet be counteracted by the current state of the art. The Licensor cannot, per se, provide protection against improper operation or modification of software applications, against possible contamination of soft- ware components with computer viruses or other malware, or against other security vulnerabilities that are beyond the Licensor's control or for which the Licensor is not otherwise responsible. The services provided by the Licensor do not protect against possible infringements of intellectual property or other illegal activities by third parties—such as through cyber attacks/hacker attacks, spying and interception of data, or other illegal data modifications and computer sabotage. (5) The Licensor generally warrants that the services owed are free from material defects and third-party rights that restrict the nor- mal use of the services. The Licensor guarantees that the services owed by the Licensor have the quality that is customary for ser- vices of the same type and that the Licensor can expect according to the type of the specific service. In accordance with the above provisions, it is expressly pointed out that the trouble-free and unrestricted quality and functionality of the services owed by the Li- censor is also regularly dependent on software and hardware components from third-party providers over which the Licensor has no influence. In particular, any changes to such software components or to the user's hardware and software environments may lead to restrictions in the functionality of the services owed by the Licensor. Restrictions due to technical or other problems beyond the Li- censor's control (force majeure, fault of third parties, etc.) are not attributable to the Licensor. (6) The content posted on the Licensor's infrastructure, if provided, is third-party content for the Licensor. The legal responsibility in this regard lies with the user. (7) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. Therefore, the Licensor does not assume any liability for technical defects for which the Licensor is not respon- sible, in particular for the constant and uninterrupted availability of the databases and their contents or for the complete and error- free reproduction. § 8 Liability (1) The Licensor accepts no liability for the uninterrupted availability of systems or for system-related failures, interruptions, and malfunctions of technical equipment and services for which the Licensor is not responsible. In particular, the Licensor shall not be liable for disruptions in the quality of access to services due to force majeure or events for which the Licensor is not responsible. This includes, in particular, strikes, lockouts, lawful internal industrial action, and official orders. This also includes the complete or partial failure of the communication and network structures and gateways of other providers and operators required for the Licensor's own service provision. The Licensor is entitled to postpone the services incumbent upon the Licensor for the duration of the hindering event plus a reasonable start-up period. The Licensor shall not be liable for minor interruptions. Furthermore, the Licensor shall not be liable for errors arising from the risk area of the user or other third parties, in particular for errors caused by improper operation or modification of the applications or other third-party software, by contamination of corresponding software components with comput- er viruses, use of unsuitable data carriers, faulty hardware, failure of the power supply or data-carrying lines, errors due to insufficient information security or unsuitable environmental conditions at the location where the applications are operated. (2) In the event of slightly negligent breaches of duty, liability shall be limited to the average damage that is foreseeable, typical for the contract, and direct, depending on the type of goods. This also applies to slightly negligent breaches of duty by the legal repre- sentatives or vicarious agents of the Licensor. The Licensor shall not be liable for slightly negligent breaches of insignificant contrac- tual obligations. However, the Licensor shall be liable for breaches of the user's essential legal positions under the contract. Essential legal positions under the contract are those which the contract must grant to the user according to the content and purpose of the contract. The Licensor shall also be liable for breaches of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the user may rely. (3) The above limitations of liability do not affect claims of the user arising from guarantees and/or product liability. Furthermore, the limitations of liability do not apply in cases of fraudulent intent, breach of essential contractual obligations, physical injury or damage to health attributable to the Licensor, or loss of life of the user. Furthermore, the above limitations of liability do not apply to claims for which the Licensor's liability is mandatory by law. § 9 Data protection All processing of personal data is carried out in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and, in particular, the statutory data protection provisions of the Federal Data Protection Act (BDSG). The Licensor's detailed data protection provisions can also be viewed at https://www.baramundi.com/de-de/datenschutz/. These contain detailed information on how personal data is handled, how it is protected, and what rights the data subject has in this regard. § 10 Blocking of access (1) The Licensor reserves the right to delete information from servers and block user accounts if these license terms are violated. In the event of a violation of applicable laws, the Licensor is entitled to forward the relevant information to the competent government authorities. (2) The Licensor reserves the right to temporarily block access to the agreed services in whole or in part if and to the extent that the user uses these services unlawfully or violates the essential obligations set out in these license terms. The user will be informed of this immediately. § 11 Amendment of license terms (1) The Licensor reserves the right to amend these license terms at any time, subject to a reasonable notice period of at least six weeks. The Licensor shall notify the user of any such amendment in writing. (2) If the user does not object, the amended license terms shall be deemed accepted. In the event of an objection, the contract shall continue unchanged under the previous license terms, but the Licensor shall be entitled to terminate the contract in the ordinary manner. § 12 Final provisions (1) German substantive law shall apply to the contractual relationship, excluding the UN Convention on Contracts for the International Sale of Goods. (2) The possible invalidity of individual provisions of the EULA shall not affect the validity of the remaining content of the contract. (3) Unless a standard mandatorily prescribes another place of jurisdiction, the exclusive place of jurisdiction shall be the court com- petent at the Licensor's place of business. Address baramundi software GmbH Forschungsallee 3 86159 Augsburg Managing Director Dr. Lars Lippert Michael Huber Headquarters and registry court Augsburg HRB No. 38692 Version 08/2025 |