End User License Agreement for Rhenso Software (Beta Version)
Version Acapulco 1.0.2. Release Date 20, June 2022
This End User License Agreement (“License Agreement”) is a legal agreement between you as the user (“User”) and Rhenso GmbH, Wilhelm-Leuschner-Str. 41, 60329 Frankfurt am Main, Germany. By accepting this License Agreement during the registration process and/or by downloading, installing, reproducing or otherwise using the software provided by Rhenso (“Software”), the User enters into this License Agreement, and this License Agreement governs the User’s use of the Software, associated media and internet based services. The use of the Software without the conclusion of this License Agreement is an infringement of copyright.
1 Subject Matter
1.1 Rhenso is entitled to provide the Software to the User and to grant rights to use the Software under this License Agreement. Rhenso retains all intellectual property rights in the Software, and this License Agreement provides for a limited license for the Software, but not for a sale or transfer of Rhenso’s intellectual property rights.
1.2 If the User enters into this License Agreement on behalf of another natural person or legal entity, only this person or entity shall be party of this License Agreement.
1.3 Rhenso primarily supplies the Software to the User by making the Software available for download on the Internet. In order to use the Software, the User might be obliged to register with Rhenso and from time to time connect to the Internet in order to download updates or verify the licensing of the Software.
1.4 This License Agreement does not apply to any of Rhenso's programs that the User has purchased or licensed under another agreement and prior to the Release Date defined herein.
2 Beta License
2.1 Rhenso licenses the Software with different license models. This License Agreement regulates the Beta License. Any use of the Software shall be governed exclusively by this License Agreement.
2.2 The Beta License for the Software is free of charge and the User does not have to pay a license fee or remuneration to Rhenso.
2.3 With the Beta License for the Software, the User receives the time-limited, non-remunerable, non-exclusive, non-transferable, non-sublicensable and personalized right to download, install and use the Software on one (1) single device.
2.4 The Beta License may have a limited scope and the User may use the Software only for testing and evaluating. The use, whether directly or indirectly, for productive use or any other purpose (especially other purposes than testing or evaluating), is prohibited. The functions and use of the Software may be restricted.
2.5 The Beta License has a limited term of thirty (30) days without automatic renewal. The User must then cease all use of the Software immediately. Rhenso may, at its sole discretion, enable the User to download and install an update of the Software that will renew the limited term, and allow the User to use the Software for another limited term of thirty (30) days. The User expressly acknowledges that he has no enforceable claim to the provision of such an update and an extension of the limited term.
2.6 Except as set forth in the above-mentioned right of use, the User may not use, copy, rework, decompile, reverse-engineer, distribute, modify or reproduce the Software except to the limited extent, if any, that applicable law permits such acts notwithstanding any contractual prohibitions. Other uses of the Software are not permitted to the User. In particular, the User may not make publicly accessible, rent or otherwise enable third parties to use the Software.
2.7 The User shall take reasonable precautions in case the Software does not function properly. He shall save his data according to state of the art and ensure that data can be restored with reasonable effort.
2.8 The User shall not remove or change copyright notices, serial numbers or other features of the Software that serve as identification.
2.9 Rhenso may, at its sole discretion, offer the User to switch from the Beta License to another license model to use the Software also for productive use. In this case, the User will have to register, the license model and conditions of this License Agreement will be changed, or the Parties shall enter into a new license agreement.
2.10 If Rhenso provides the User with software of a third party as part of the Software, the User’s right of use shall be governed exclusively by the license terms of such third party. Upon request, Rhenso shall inform the User which third party software is included in the Software and provide the User with access to the license terms. This applies accordingly to open source software.
3 Updates and Upgrades
3.1 Rhenso may, from time to time and at its sole discretion, develop and provide to the User updates of the Software to remedy defects, enable continuous use, improve performance and provide extended functions.
3.2 The right to use the updates and upgrades is based on the applicable license model and the User‘s right to use the Software. The User is only entitled to use an update and upgrade if the User has the right to use the Software.
3.3 If Rhenso provides the User with an update to ensure the stipulated use of the Software or to remove a defect, the User must install the update to continue to use the Software in accordance with this License Agreement. It is possible that the Software cannot be used without defects or at all without installing this update. Rhenso is not responsible for defects and damages caused by the User not installing the update.
4.1 The User acknowledges that Rhenso provides the Software by courtesy, free of charge and „as is”. The Software may have defects of quality and title that could cause program malfunctions, system failures, loss of data or infringement of third-party rights. The Software does not comply to a specific level of usability, merchantability and fitness for a purpose. Rhenso shall be under no obligation to provide technical maintenance, support, patches, updates, upgrades and to rectify defects and to restore failed systems and lost data.
5.1 Rhenso shall be liable without limitations in case of intent and gross negligence, in case of injuries to life, body or health, pursuant to the terms of the German Product Liability Act, and under a guarantee granted by Rhenso.
5.2 This limitation of liability also applies to the personal liability of Rhenso’s employees, representatives and organs.
5.3 Any other liability of Rhenso shall be excluded.
6 Breach of Copyright
7.1 If the User breaches this License Agreement, uses the Software without the required right of use or otherwise infringes Rhenso’s intellectual property rights, the right of use granted in this License Agreement shall immediately become invalid and Rhenso may terminate this License Agreement without notice. The User must then cease all use of the Software immediately and completely and delete or destroy all copies. Rhenso’s other rights, claims and measures against the User remain reserved.
7 Data Protection
7.2 The User acknowledges that Rhenso may collect technically necessary data for the provision and use of the Software by which the User may be uniquely identifiable. This information may include: The version, area and language settings of the Software, system information about the hardware, and information about the use, configuration and defects of the Software. The content and files created and processed by the User are not sent to Rhenso. Rhenso processes and uses the information for statistical purposes and to improve its products and services and will only pass it on to third parties or use it for other purposes with the User‘s prior consent.Rhenso collects the User’s IP address specifically for the execution of updates (update check and transfer). The legal basis of the processing is Art. 6 (1) (b) GDPR.
8 General Provisions
8.1 If any provision of this License Agreement is held to be invalid, unenforceable or incomplete, the remainder of this License Agreement shall continue in full force and effect. The invalid or unenforceable provision or the filling of the gap shall be replaced by the statutory provisions.
8.2 This License Agreement shall be governed by the laws of the Federal Republic of Germany, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
8.3 The place of jurisdiction for all legal disputes in connection with this License Agreement is Frankfurt am Main, Germany.