General Terms and ConditionsCopyright (C) 2003-2025 Langmeier Software GmbH, Freienbach Switzerland (All copyrights and ancillary copyrights reserved GTC General Terms and Conditions of Langmeier Software and Terms of Use for aBusiness §I. DEFINITIONS AND CONCLUSION “Licensor” refers to Langmeier Software GmbH, Pfäffikon SZ, Switzerland, hereinafter also referred to as “Langmeier Software”. “License Fee” denotes the fee owed by the Licensee for the use of the Software. “Licensee” means the purchaser of the license or the user of the Software. “Perpetual” describes a right of use for an unlimited period in accordance with Clause II.1. “Subscription” refers to a time-limited, recurring right of use as outlined in Clause II.2. “Pay as you Go” means billing based on the actual use of the Software. “In-app purchase” refers to the activation of paid services within the aBusiness platform. “Software” means the computer program ‘aBusiness’ and its associated documentation. This license agreement is concluded upon the purchase, installation, or use of the Software and web services. §II. SCOPE OF USE 1. PERPETUAL LICENSE: Upon payment of the license fee, the Licensor grants you, the Licensee, a perpetual, non-transferable, non-exclusive, worldwide right to use the Software in accordance with the terms of this Agreement. The license remains valid until you terminate your use of the Software or until the Licensor terminates the license due to your failure to comply with this Agreement. You are not entitled to free support or updates. However, you may obtain technical support or upgrades for a fee via one of the technical support channels provided by the Licensor. If the Licensor recommends upgrades, updates, or patches, you have the right to purchase these for a fee. Should you choose not to follow these recommendations, you forfeit any claims to warranty or compensation if damages result from the failure to upgrade, update, or patch. 2. SUBSCRIPTION: Upon payment of the license fee, the Licensor grants you a time-limited, non-transferable, non-exclusive, worldwide right to use the Software in accordance with this Agreement. The license is valid for 12 months from installation and will automatically renew for an additional 12 months unless you terminate it in writing at least 3 months prior to expiry. The Licensor reserves the right to terminate the license in the event of non-compliance with this Agreement. As a subscriber, you are entitled to upgrades, updates, and support via the technical support channels provided by the Licensor (https://www.langmeier-software.com/support). 3. BILLING ACCORDING TO USE AND IN-APP PURCHASES: Apps, software, tools, and services billed on the aBusiness platform according to usage (“pay as you go” or “pay as you use”) are invoiced monthly and must be paid within 10 days. Cloud storage and user accounts are billed as basic services in this manner. The use of paid apps, tools, and services by you is also billed accordingly. The price list at https://www.abusiness.one/preise is authoritative for the billing of basic services. For additional apps, tools, and services that can be activated via the app store within the aBusiness platform (“in-app purchases”), the prices stated in the aBusiness app store apply (https://apps.abusiness.net/). 4. SINGLE USER AND CLOUD LICENSES: The purchase of a single-machine license entitles you to use the Software on one computer only. If you wish to use the Software on multiple computers, a separate license must be purchased for each device. If the Software is used in the cloud (SaaS, aBusiness), the purchase of the license entitles you to use the Software for one user, provided the purchase contract has not been terminated by either party within the notice periods specified in section §VI. 5. COPIES: You may make a copy of the Software solely for backup and archiving purposes if it is locally installable software to which you are entitled. If you use cloud-based Software running in the aBusiness public cloud, you may only make copies of your user data for backup and archiving purposes. 6. MODIFICATION: Modification of freely accessible software source code or programming scripts is permitted only for the purpose of adapting the Software to your requirements within the scope of customization. Modifying scripts or source code to circumvent license limitations or similar restrictions is strictly prohibited. In all other cases, modification, distribution, or transfer of source codes or software binaries that are the copyright property of the Licensor is not permitted. 7. RESTRICTIONS ON USE: You are not permitted to rent, lend, sublicense, or otherwise modify the Software. Decompiling, reverse-engineering, or disassembling the Software is only allowed to obtain information necessary for interoperability with an independently created computer program. The use of the Software is strictly prohibited in environments that may endanger human or animal life. 8. TERMINATION BY THE CUSTOMER: Upon termination of maintenance or software usage fees, you must delete all source codes, executables, and databases—each of which is copyrighted material of Langmeier Software GmbH—from your servers, hard drives, and computers immediately after the expiry of the notice period and the effective date of termination. §IV. LIABILITY 1. EXCLUSION OF WARRANTIES THE SOFTWARE IS LICENSED “AS IS”. YOU, THE LICENSEE, BEAR ALL RISKS ASSOCIATED WITH ITS USE. LANGMEIER SOFTWARE MAKES NO EXPRESS WARRANTIES OR GUARANTEES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LANGMEIER SOFTWARE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 2. LIMITATION AND EXCLUSION OF DAMAGES IF, DESPITE THE WARRANTY EXCLUSIONS UNDER ARTICLE §IV, PARAGRAPH 1, YOU ARE ENTITLED TO COMPENSATION, SUCH COMPENSATION FROM LANGMEIER SOFTWARE AND ITS SUPPLIERS IS LIMITED TO DIRECT DAMAGES UP TO A MAXIMUM OF 5.00 CHF (FIVE SWISS FRANCS). YOU MAY NOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR OTHER DAMAGES. This limitation applies to all matters relating to the Software, Services, content (including code) on third-party websites or applications, and to claims based on breach of contract, warranty, guarantee, covenant, strict liability, negligence, tort, or any other legal theory, to the extent permitted by applicable law. This limitation also applies if Langmeier Software or its licensors knew or should have known of the possibility of such damages. If you have acquired the Software in a jurisdiction where the exclusion or limitation of liability for incidental, consequential, or other damages is not permitted, use of the Software is strictly prohibited. If you use the Software under these circumstances, you do so entirely at your own risk. §V. FINAL PROVISIONS 1. EXCLUSION OF USE ON CERTAIN SYSTEMS AND FOR CERTAIN PURPOSES USE OF THE SOFTWARE IS STRICTLY PROHIBITED IN ENVIRONMENTS OR FOR PURPOSES WHERE IT MAY ENDANGER LIFE, INCLUDING HUMAN OR ANIMAL LIFE. REGARDLESS OF WHETHER THE SOFTWARE IS USED PROPERLY OR IMPROPERLY, AND REGARDLESS OF WHETHER ANY DEFECTIVE COMPONENTS OF THE SOFTWARE COULD LEAD TO SUCH HAZARD, THE SOFTWARE MAY NOT BE USED IN ANY LOCATION WHERE SUCH HAZARD COULD EXIST, EVEN UNDER CERTAIN CIRCUMSTANCES, THROUGH THE USE OF THE SOFTWARE. IT IS ALSO STRICTLY FORBIDDEN TO USE THE SOFTWARE WHERE THERE IS A RISK OF INJURY OR ILLNESS TO AT LEAST ONE PERSON OR ANIMAL. Use of the Software is also strictly prohibited if it was acquired in a jurisdiction where, according to §IV, Paragraph 2, the exclusion or limitation of liability for incidental, consequential, or other damages is not permitted. 2. TERMINATION The Licensor reserves the right to terminate current licenses and purchase agreements at any time with immediate effect if you fail to comply with your contractual or legal obligations under this Agreement, or if you become insolvent or unwilling to pay. Upon termination by the Licensor, all rights of use shall automatically expire. Access to the cloud may be extended for an additional four weeks by providing an advance payment of CHF 15,000 (fifteen thousand Swiss francs). All outstanding invoices will be settled using this advance. Should any balance remain, it will be refunded within six months, provided no further costs (including but not limited to support, materials, or other expenses) have been incurred. If data is stored in the cloud, you may request a copy of your data (data portability right). The Licensee will be charged CHF 52.50 (fifty-two Swiss francs and fifty centimes) per quarter hour or part thereof for the expenses incurred in processing data requests. This requires an advance payment of CHF 1,500 (one thousand five hundred Swiss francs), which is non-refundable. 3. SUPPORT AND CONSULTING SERVICES All support and consulting services provided by the Licensor on your behalf will be automatically invoiced at a daily or half-day rate. A half-day rate applies for half days or part thereof, and a daily rate applies for days or part thereof lasting more than half a day. The half-day rate is CHF 1,560, and the daily rate is CHF 2,600. 4. ADMINISTRATIVE EXPENSES For administrative expenses incurred for written inquiries—particularly those from, but not limited to, public bodies, institutions, private claimants, or other enquirers—an expense allowance of CHF 325 (three hundred and twenty-five Swiss francs) per hour or part thereof will be charged, as well as a flat-rate letter post acceptance fee of CHF 25 (twenty-five Swiss francs) for letter post processing, plus a flat-rate small expenses allowance of CHF 20.80 (twenty Swiss francs and eighty centimes). 5. AUDIT The Licensor reserves the right to audit your compliance with this Agreement. If the audit reveals discrepancies with your contractual obligations, the costs of such an audit will be charged to you. 6. PROHIBITION OF ASSIGNMENT Assignment of rights under this Agreement by you is excluded, except in the case of assignment to a legal successor. 7. APPLICABLE LAW This Agreement is governed by Swiss law. The United Nations Convention on Contracts for the International Sale of Goods of 1980 (UN Sales Convention) is excluded. Place of jurisdiction: The place of jurisdiction is Pfäffikon SZ, Switzerland. ______________________________________ © 2003-2025 Langmeier Software GmbH, Pfäffikon SZ, Schweiz |
|
