License Agreement
of Janus Software Solutions
(for the Software “SEPAApp”)
§1 Subject
For the software, the licensee is granted by Janus Software Solutions a fundamentally non-transferable license to use the software under the following conditions. The licensee is entitled to use the software and related templates and documents on the following conditions. Janus Software Solutions is only owner of the Software and the related rights. The Licensee shall have no further rights except the rights to use agreed here. If the licensee is a legal entity, such as a company or association, then transferring to another user within the same legal entity is allowed. The licensee must ensure that the software is not used contrary to the terms of the license.
§2 License and Software Usage Terms
The licensee may install and use the software on a single workstation. A single workstation corresponds to one user of the software on one computer. Use of the Software by multiple users on the same computer, e.g. technical operating system users, is not covered by the license. In the same way, the use of the software is not covered by the license if the software is installed on a central computer and is made accessible from there to several users. This also applies to server, virtualization and similar systems. Basically, each user must have their own license. A restriction of the above use through an agreement in text form between the licensee, e.g. as part of a maintenance contract, must in any case take precedence and be adhered to by the licensee. The licensee may make a copy of the Software for backup purposes, but must not modify, translate, reverse engineer, decompile, or create derivative works of the Software. In case of breach of the above obligations under exclusion of the continuation of a contractual penalty – the licensee has to pay the amount of EUR 20.000, –to Janus Software Solutions. Further claim for damages is not excluded. Without prejudice to the contractual penalty and the claim for damages Janus Software Solutions will revoke the right of use granted for violations of the above provisions, without that this is a claim for repayment of the license fee.
§3 Rights
The licensee recognizes the rights of Janus Software Solutions to the software (copyright, trade secrets) unrestricted. This also applies to copyright of documents. The licensee agrees to protect these rights and to take all steps to prevent and track impairments or violations of these rights by third parties, insofar as they are by him or about him in possession of the product.
§4 Updates
Janus Software Solutions may at any time update and / or revise the contents and implementations of the software. Updated or revised versions of the software are subject to the provisions of this license conditions. If updates are available online, the licensee can obtain them as part of the previously purchased license from Janus Software Solutions without any additional fees. However, the licensee is not entitled to software updates, and Janus Software Solutions is not obligated to provide them. After purchasing the license by paying a one-time fee, the licensee will not incur any further i.e. ongoing or recurring, charges for using the software or obtaining updates.
§5 Liability and Warranty
The software has been tested and has the functions described. Janus Software Solutions ensures that the software contains the functions described and is not affected by errors which may invalidate the suitability or significantly limits. Janus Software Solutions accepts no responsibility for the suitability of the software with respect to the intended use of the licensee. The licensee must notify Janus Software Solutions in text form of obvious defects in the software within 7 days of delivery at the latest. Hidden defects must be reported in text form immediately upon discovery. Join contractual terms of error, the licensee has to report them immediately in comprehensible form, giving useful for error detection information, in text form. The Janus Software Solutions may require the payment of its costs, as much as it has been acted upon by an error message without an error in the software was the cause of the error message. The licensee has to support Janus Software Solutions within reason in the elimination of errors. The warranty is provided by subsequent performance (repair or replacement). The licensee has the right to withdraw or reduction only if the repair or replacement failed and was left to Janus Software Solutions over a period of at least 40 days. Further warranty is excluded. Janus Software Solutions is liable to Licensee only in accordance with this Agreement. Further compensation claims of the licensee are excluded unless they are based on intent or gross negligence. Liability for indirect damages is excluded. If the licensee does not use the software updates provided by Janus Software Solutions and made available online, the licensee may not claim any software defect under warranty and liability, provided that such possible defect would have been eliminated by the software updates made available online. The warranty will be void if the licensee modifies the software and/or allows a third party to modify the software without the prior written consent of Janus Software Solutions.
§6 Data Transfer
SEPAApp is desktop software that is installed and executed on the user’s computer. No data, particularly payment data, which the user enters via the interface or imports into the software via the import file will be transferred to third parties, including Janus Software Solutions. The data is processed exclusively on the user’s computer. The software queries the current version of the software online at Janus Software Solutions in order to display a message to the user about a possible update if a new version is available. Only the usual data that is technically necessary for an online query, such as the IP address, is transmitted. In addition, the software can transmit the used license key to Janus Software Solutions, where it is used to identify possible violations of these license conditions, e.g. multiple use of a license key on several computers.
§7 Termination of the License Agreement
After completion of the license agreement, the licensee is no longer entitled to use the software. If the licensee violates any provision of this license conditions, Janus Software Solutions may terminate this license agreement without notice or prohibit future use of the software. The licensee is obliged to destroy or delete the software in his possession at the time of termination of the license agreement, as well as working copies and backup copies thereof. In addition, the license key including working copies and backup copies must be deleted.
§8 Final Provisions
The law of the Federal Republic of Germany applies, and Hamelin is agreed as the place of jurisdiction. Licensee is not authorized to transfer or assign any rights or obligations of this Agreement. Should any provision of this Agreement be or become invalid, then the validity of the remaining provisions shall not be affected. The void or ineffective provisions shall be replaced by effective provisions that come closest to the economic purpose of the ineffective provision.
Date: April 2024