End User License Agreement

CAUTION: READ THE FOLLOWING END USER LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. IF YOU INSTALL OR USE THE SOFTWARE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT. IF YOU DO NOT ACCEPT OR AGREE TO BE BOUND BY THE TERMS OF THE END USER LICENSE AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE AND REMOVE ALL COMPONENTS OF THE SOFTWARE FROM YOUR COMPUTER.

The subject of this license agreement is the computer program, the program description, the operating instructions and other associated written material provided by HörTech gGmbH, Marie-Curie-Str. 2, 26129 Oldenburg, Germany on a data carrier or a server under these license conditions. This is hereinafter referred to as the Software. The user / user acknowledges that the software may be used and employed as intended only for the purpose specified in the operating instructions.

§ The user acknowledges that the software is a protected computer program within the meaning of Section 69 a of the German Copyright Act (UrheberrG). Furthermore, the user acknowledges that HörTech gGmbH is the sole owner of the rights within the meaning of the German Copyright Act (UrheberrG).

§ 2 Granting of rights HörTech gGmbH grants the licensee / end user the right to use the software in the manner described in the program description and the operating instructions. The right of use is granted as a simple, non-exclusive right, transferable to third parties against payment only in accordance with § 3, to use the software within the scope of the provisions of this license agreement. For application purposes, HörTech gGmbH grants the Licensee / End User the right to use the Software on a single computer at a single location. If this single computer is a multi-user system, this right of use shall apply to all users of this one system. Licensee / End User may transfer the Software in physical form from one computer to another computer only if at any time the Software is used only on a single computer. Any further use is not permitted. The subject matter of the contract in the case of web applications as an Internet plug-in (iFrame) is the transfer of software for use by accessing a computer center provided by HörTech gGmbH via the Internet. HörTech gGmbH provides the licensee/end user with the use of the software at the router exit of the respective computer center. The software remains on the server of HörTech gGmbH at all times. The right of use on the user website is limited to one domain. The licensee / end user is only entitled to duplicate the software to the extent that this is necessary for proper use. To this extent, he is entitled to make a copy for backup purposes. In this respect, the licensee / end user is obligated to affix the copyright notice of HörTech gGmbH to the backup copy or to include it therein. A copyright notice present in the software as well as a registration number included in it may not be removed.

The Licensee / End User is not permitted to copy or otherwise reproduce the Software as well as the written material in whole or in part in original or modified form. The Licensee / End User is not permitted to reverse engineer the Software. The Licensee / End User is prohibited from decompiling and disassembling the Software outside the limits of the Copyright Act. For licenses that are delivered with a dongle (copy protection device) and where the software is only executable in the presence of the dongle, ownership of the licenses is directly tied to their respective dongle. Loss of the dongle means loss of the proof of ownership for the license. Licenses without proof of ownership cannot be replaced. Damaged dongles can be replaced for a fee. Dongles may not be used in the network as a shared resource for different workstations if it is not technically ensured that absolutely no simultaneous use by different workstations is possible. HörTech reserves the right to take protective measures against such use. Licenses that are requested online from a server on the Internet and the software can only be run or activated when the online license is present are dependent on a connection to the Internet for operation or activation. If there is no suitable connection to the Internet, HörTech reserves the right that the software cannot be executed or the functionality is limited. Licenses that authorize the execution of the software on a single workstation may not be used by technical manipulation to execute the software on multiple workstations simultaneously. HörTech reserves the right to take protective measures against such use. In particular, HörTech reserves the right not to execute the software or to restrict its functionality if it detects a possible misuse of the license in this way.

§ 3 Availability In the case of web applications as an Internet plug-in, HörTech gGmbH provides the licensee / end user with the software with an availability of 99.5% on a monthly average. HörTech gGmbH may interrupt the provision of services for a predefined period of time in order to carry out maintenance work. These periods shall not be taken into account when calculating the availability rate.

§ 4 Transfer The ownership and the right to use the software may only be transferred to a third party if

a) the installed software and any further stored data have been deleted,
b) the third party agrees in writing to the provisions of this agreement vis-à-vis HörTech gGmbH,
c) all components belonging to the software are transferred together with all accompanying written material, and
d) the transfer includes the latest updated version of the software together with all previous versions.

§ 5 Warranty HörTech gGmbH warrants to the original licensee that, at the time of delivery of the software, the data carrier on which the software is recorded and the program description and operating instructions delivered together with it are free of material defects under the assumed operating conditions. Due to the multitude of data and operating constellations occurring in practice as well as operating errors, HörTech gGmbH does not guarantee complete freedom from defects. A software defect does not exist if the affected program function works on the recommended hardware constellation. If the data carrier and / or the program description and operating instructions supplied with it are defective, the licensee may demand a replacement delivery during the warranty period of 6 months from delivery. For this purpose, the data carrier including the backup copy and / or the program description and operating instructions must be returned to HörTech gGmbH. If HörTech gGmbH cannot provide a replacement delivery without this defect within a reasonable period of time, the licensee is entitled to set HörTech gGmbH a reasonable grace period with the declaration that the replacement delivery will be rejected after the grace period has expired. After expiration of the period, the licensee shall be entitled to claim redhibitory action or reduction of the purchase price. In the case of web applications, HörTech gGmbH does not owe the guarantee of the data connection between the transition point and the IT systems of the Licensee/ End User. It is the responsibility of the licensee/end user to create the technical conditions for receiving the software at the transfer point and using it. 

§ 6 Limitation of liability The warranty does not cover the elimination of errors and / or liability for such damage caused by external influences, operating or maintenance errors. For this it depends on the information in the program description as well as the operating instructions. No warranty is given if the licensee / end user uses the software for a purpose other than that specified above. The warranty does not apply if the user modifies the software himself and / or through third parties. If warranty measures are carried out in these cases, the licensee is obliged to bear the additional expenses of HörTech gGmbH in addition to the material and labor costs. Furthermore, HörTech gGmbH shall not be liable for any loss of performance resulting from the use of the software, for financial losses, indirect damages or other consequential damages. Furthermore, HörTech gGmbH is not liable for the recovery of data. It is the responsibility of the licensee / end user to take care of any reconstruction in case of loss. Furthermore, HörTech gGmbH is only liable for damages that are based on intent, gross negligence or the lack of warranted characteristics. The indispensable liability according to the ProdHaftG remains otherwise unaffected.

§ 7 License Management In the following, Computer means the computer on which the Software is executed, Web Server means web servers operated by HörTech for license management, and License means one or more licenses required to operate the Software. The Software communicates with web servers via an Internet connection when an online activation or an online license verification is performed. The following data is transmitted in this process: (i) IP address and other properties of the computer that identify the computer, and (ii) license-related data. Transmitted data is stored on the web servers and used solely for license management purposes. Personal data is not transferred by the Software. If only an online activation of the license takes place and the license is stored on the computer in the process, no automatic communication of the Software with the web servers takes place in further operation. If the license is not saved on the computer during the online activation, an online license check is performed each time the software is subsequently executed. To end an online license check, the license must be deactivated online again, this applies in particular to demo licenses. Online activations or online checks of licenses are logged on the web servers. This data is used exclusively for license management. 

§ 8 Additional License Terms HörTech gGmbH reserves the right to determine additional and/or deviating license terms for individual software products. Should the license terms for a particular software product deviate, the deviating license terms shall apply to that software product. If the license terms for a particular software product do not explicitly include individual license terms from this End User License Agreement, the license terms from this End User License Agreement shall also apply, provided that reference is made to this End User License Agreement.