Terms and Conditions
Copyright (C) 2003-2021 Langmeier Software GmbH, Freienbach Switzerland (All copyrights and ancillary copyrights reserved
Terms and Conditions
II. Exclusion of use on certain systems
III. Limitation of Liability and Warranty
IV. General, Partial Validity and Jurisdiction
V. Further Provisions
By purchasing licenses of our software, you acquire the right to use the software. The software itself remains the intellectual property of Urs Langmeier. The purchase of the license only entitles you to use the software on one computer. If the software is to be used for several computers, a separate license must be purchased for each computer.
Renting, lending or modifying the software is not permitted. Decompilation or disassembly of the Software is permitted only to obtain information necessary to establish interoperability of an independently created computer program.
II. Exclusion of use on certain systems
Use of the software is strictly prohibited in environments where it may endanger lives and, in particular, human lives. Regardless of whether the software is used in a proper or improper manner, and regardless of whether any defective components of the software could lead to the danger, the software may not be used where this danger could exist even under certain circumstances through the use of this software. Also a use, by the danger of an injury or a disease also only at least one human being or also only at least one animal exists, is strictly forbidden.
III Disclaimer and Warranty
General due diligence dictates that you first test any software you use to manipulate data that has commercially relevant value with worthless data or special test data.
The software is provided as it currently exists. Because the Software may be used in numerous different system environments that are not foreseeable by the manufacturer of the Software and that cannot be explicitly tested by the manufacturer, no warranty can be made by the manufacturer as to the proper functioning of the Software in any particular environment or as to its fitness for any particular purpose.
The manufacturer assumes no warranty for defects or damages resulting from a modification of the software by third parties or from a malfunction of the program. In particular, the manufacturer assumes no legal liability for consequential damages.
The manufacturer assumes no legal liability for consequential damages
In the event of a complaint, the licensee is obliged to provide a comprehensible and verifiable description of the defect. The warranty period is 24 months from the date of purchase of the user license. If a repair or replacement delivery does not lead to the elimination of a significant defect within a reasonable period of time, the licensee is entitled to withdraw from the contract or to demand a reduction of the license fee. Any further claims on the part of the Licensee are excluded.
Claims for damages against the manufacturer are EXCLUDED. In no event shall Langmeier Software GmbH or its bidders be liable for any damages whatsoever (including, but not limited to, damages for loss of profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the above software. This shall also apply if Langmeier Software GmbH has previously been advised of the possibility of such damages. The software may not be used in a country in which the above exclusion of liability is not valid. If the software is nevertheless used, although this licence agreement prohibits this, this is done at the user's own risk!
V. Additional Provisions§I. Definitions and Commencement
"Licensor" means Langmeier Software GmbH, Pfäffikon SZ, Switzerland.
"License Fee" means the consideration owed by Licensee for the use of the Software.
"Licensee" means the purchaser of the License or the user of the Software.
"Perpetual" means a right to use the Software for an unlimited period of time pursuant to Section II 1.
"Subscription" means a time-limited, recurring right of use pursuant to Section II 2.
"Pay as you Go" means billing according to use of the Software.
"In-App Purchase" means the activation of chargeable services within the aBusiness Platform.
"Software" means the computer program 'aBusiness' and its associated documentation.
This License Agreement is entered into upon the purchase or, as the case may be, installation or use of the Software and Web Services.
§II Scope of use
Perpetual: In consideration of the license fee paid, Licensor hereby grants to Licensee a perpetual, non-transferable, non-exclusive, worldwide right to use the Software in accordance with the terms of this Agreement. The license shall remain in effect until Licensee's use of the Software is terminated or until Licensor terminates the license for Licensee's failure to comply with this Agreement. Licensee is not entitled to free support or updates. It may obtain technical support or upgrades for a fee through one of the technical support channels provided by Licensor (https://www.langmeier-software.com/support). If the Licensee is informed by the Licensor about recommended upgrades or updates or patches, the Licensee has the right to purchase them for a fee. If Licensee does not follow these recommendations, Licensee will forfeit its rights to warranty or damages if the damage was caused by failure to obtain upgrades, updates or patches.
Subscription: In consideration of the license fee paid, Licensor hereby grants to Licensee a time-limited, non-transferable, non-exclusive, worldwide right to use the Software in accordance with the terms of this Agreement. The license shall remain valid for 12 months from the date of installation and shall automatically renew for additional 12 months unless terminated in writing by Licensee no later than 3 months prior to expiration. The Licensor reserves the right to terminate the Agreement due to the Licensee's failure to comply with the terms of this Agreement. Licensee is entitled to upgrades and updates and support through one of the technical support channels provided by Licensor (https://www.langmeier-software.com/support).
Billing according to use and in-app purchases: Apps, software, tools and services that are billed in the aBusiness platform according to the principle of use (also called "pay as you go" or "pay as you use") are billed monthly and are payable within 10 days. Storage space in the cloud and users are billed as basic services in this way. The use of fee-based apps, tools and services by the licensee is also billed in this way. The price list at https://www.abusiness.one/preise is decisive for the billing of the basic services. For additional apps, tools and services that can be activated via the app store within the aBusiness platform (also referred to as "in-app purchases"), the prices stated in the aBusiness app store apply (https://apps.abusiness.net/).
The purchase of the license only entitles you to use the software on one computer. If the software is to be used for multiple computers, a separate license must be purchased for each computer.
If the software is used in a cloud, the purchase of the license entitles the use for one user (User).
The Licensee may make one copy of the Software solely for backup and archiving purposes if it is locally installable software that the Licensee is entitled to use. If the Licensee uses cloud software running in aBusiness' public cloud, then the Licensee may only make copies of its user data for backup and archiving purposes.
The modification of freely accessible software source code or programming scripts is only permitted for the purpose of adapting the software to the user's needs within the scope of customizing. Modification of scripts and freely accessible software source code is not permitted in order to circumvent license limitations and similar restrictions. In all other cases, modification, redistribution, and distribution of source code or software binaries owned by the licensor under copyright law is not permitted.
Restrictions on Use: Renting, lending, sublicensing or modifying the Software of any kind is not permitted. Decompiling, reverse engineering, or disassembling the Software is permitted only to obtain information regarding the interoperability of an independently created computer program. Use of the Software is also prohibited in environments that endanger human or animal life.
In the event of termination of maintenance or of the software usage fees, the Customer shall immediately after the expiry of the notice period and thus of the occurrence of the termination delete from the Customer's servers, hard disks and computers all source codes and executables and databases handed over and imported via automatic updates, all of which are copyrighted material of Langmeier Software GmbH.
The Licensor warrants that the Software does not infringe any third party intellectual property rights.
The Licensor warrants that the Software will conform to the features described in the Documentation for a period of 90 days from the date of purchase of the Software. Since the Software may be used in numerous different system environments that are not foreseeable by the Licensor and cannot be explicitly tested, the functioning of the Software on any particular environment not mentioned in the Documentation is not warranted by the Licensor.
The warranty is also void to the extent that the licensee has modified the software himself or through third parties or the function is limited by the use of the software with a computer program of a third party.
In the event of a warranty claim by the Licensee, the Licensor may, at its discretion, remedy the defect, replace the Software with equivalent software or refund the Licensee's license fee and withdraw from the contract and prohibit further use of the Software.
For damage caused intentionally and by gross negligence, as well as in the case of personal injury, insofar as liability is mandatory, liability shall be governed by the statutory provisions.
The liability of the Licensor for direct damage caused by negligence shall be limited in total to the license fee paid by the Licensee up to the damage event. Liability for consequential or indirect damages of any kind, including but not limited to loss of profits, loss of revenue, business interruption, loss of business opportunity, damages caused by or for lost or damaged data, or other pecuniary loss, is excluded.
Direct damages include, but are not limited to, the cost and replacement of replacement software.
Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under this Agreement if caused by circumstances beyond its control, such as strikes, power failure, telecommunications failure, severe weather or war.
VI. final provisions
Termination The Licensor shall have the right to terminate this License at any time if the Licensee fails to perform its contractual or legal obligations under this Agreement or if it becomes insolvent. Upon termination by the Licensor, all rights of use shall automatically terminate.
Support + Consulting Services: All support and consulting services performed by Licensor on behalf of Licensee shall be automatically billed by Licensor at a daily or half-day rate. A half-day rate will be charged for half-days or part thereof, and a daily rate will be charged for days or part thereof in excess of a half-day. The half-day rate is 1560 Swiss francs and the daily rate is 2600 Swiss francs.
Administrative expenses: For the administrative expenses incurred by us, in particular for inquiries from, but not limited to, public institutions and bodies as well as private lawsuits, we charge an expense allowance of CHF 325 (three hundred and twenty-five Swiss francs) per hour or part thereof, as well as a lump-sum letter mail acceptance fee for the administrative administrative expenses of CHF 25 (twenty-five Swiss francs) plus a lump sum for incidental expenses of CHF 20.80 (twenty Swiss francs and eighty centimes).
Audit: The licensor has the right to check the licensee's compliance with the contract by means of audits. If the audit reveals discrepancies with Licensee's contractual obligations, the cost of such audit shall be charged to Licensee.
Prohibition of Assignment: The assignment of rights under this Agreement by Licensee is excluded with the exception of assignment to any successor in title.
Applicable law: This agreement is subject to Swiss law. The UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods 1980) is excluded.
The place of jurisdiction for all disputes arising from this license agreement or the use of the software is exclusively Freienbach (Switzerland). However, the manufacturer remains entitled to take legal action against the licensee at the licensee's general place of jurisdiction.
If individual provisions of this license agreement are not agreed upon, the licensee shall be entitled to terminate the agreement
If individual provisions of this license agreement are or become invalid or incomplete in whole or in part, this shall not affect the validity of the remaining provisions. Any assignment of rights under this license agreement by the licensee is excluded.
Any assignment of rights under this license agreement by the licensee is excluded
By using software offered to you by Langmeier Software GmbH, you agree to be bound by this License Agreement, and this Agreement shall become effective immediately.
© 2003-2021 Langmeier Software GmbH, Pfäffikon SZ, Schweiz