Customer Agreement for Free Server Apps
General Terms and Conditions of K15t GmbH Free Software License
Sec. 1 Scope of Application
These General Terms and Conditions (hereinafter "GTC Free") shall apply to the provision of software by us, K15t GmbH, Stuttgart, Germany, to you as a customer (hereinafter "Customer") if we make one of our free software solutions available to the Customer via the Atlassian Marketplace for download and installation on the Customer's own system. We will not provide support services for such software solutions.
Our GTC Free shall apply exclusively. Terms and conditions of the Customer conflicting with, additional to or deviating from the present GTC Free shall not constitute a part of the Agreement, unless we have expressly agreed to their application. Our GTC Free shall also apply if we provide a service without any reservations, in spite of being aware of the Customer's conflicting or deviating terms and conditions.
Our GTC Free shall apply only if the Customer is an entrepreneur (Sec. 14 German Civil Code (BGB), a legal entity under public law or a special fund under public law.
Sec. 2 Subject Matter
The Software shall be made available to the Customer "as is" at the time of its availability for download (hereinafter "Software"). We shall not be obligated to provide any specific service.
User documentation shall be provided at our discretion only (hereinafter "User Documentation").
The Customer shall receive the Software as an executable program in object code form. The source code of the Software shall not be part of our service.
Sec. 3 Provision; Force Majeure
We shall keep the Software and, if applicable, the User Documentation available for download on the Internet; however, we are not obligated to do so.
In addition, the provisions of Sec. 8 shall apply to any claims of the Customer for damages or reimbursement of futile expenses in the event of default or impossibility of performance.
Sec. 4 Customer's Duties to Cooperate and Furnish Information
The Customer shall check him-/herself whether and how he/she can use the Software.
Prior to using the Software, the Customer shall thoroughly test it for freedom from defects and usability in the existing hardware and software configuration.
The Customer shall observe the instructions provided by us for installation and operation of the Software; he/she shall regularly check our current instructions online on our website https://help.k15t.com/labs and consider them during operation.
Sec. 5 Data Backup by the Customer; Liability for the Loss of Data
The Customer shall take appropriate precautions in the event that the Software does not work properly altogether or in part (e.g. by backing up data daily, fault diagnosis, regular checking of data processing results).
We shall not be liable for any loss of the Customer's data if the damage is due to the fact that the Customer, in breach of his/her obligation under para. 1, has failed to back up data to ensure that lost data can be restored with reasonable effort. In addition, Sec. 8 shall apply.
Sec. 6 Scope of Use
We shall grant the Customer a non-exclusive, non-transferable and non-sublicensable right to use the Software, unrestricted in terms of time.
The Customer shall not be entitled to transfer the Software for use by third parties. In particular, the Customer shall not be permitted to sell, gift, lend, let, or otherwise sublicense the Software or to publicly present the Software or make it accessible.
The Customer shall be entitled to alter, extend and or otherwise modify the Software within the meaning of Sec. 69c no. 2 German Copyright Act (UrhG) only to the extent that such rights by law may not be waived.
The Customer shall be entitled to decompile the Software only within the limits of Sec. 69e UrhG.
The User documentation may not be reproduced or modified - subject to paragraphs 4 and 5 (insofar as the documentation is integrated into the Software).
Sec. 7 Protection of Software and User Documentation
Unless the Customer is expressly granted rights under this Agreement, all rights to the contractual objects (and all copies made by the Customer) - in particular copyright, rights to or interest in inventions as well as technical property rights - shall exclusively belong to us. This shall also apply to any processing of the contractual objects by us.
The Customer shall keep the contractual objects in safe custody so as to prevent any misuse. He/she shall make contractual objects (whether unchanged or modified) available to any third parties only with our prior written consent. The Customer's employees as well as other any persons present at the Customer's premises for the contractual use of the contractual objects shall not be deemed third parties.
The Customer shall not be permitted to alter or remove any of our copyright notices, any marks and/or control numbers or symbols. If the Customer alters or modifies the contractual objects, such notices and marks must be included in the altered version of the contractual object.
Sec. 8 Defects in Law and Quality, Liability
(1) Our liability shall be governed by Sec. 599 et seq. of the German Civil Code. In case of simple negligence, we shall furthermore be liable for any damage resulting from injury to life, limb or health. The provisions of the Product Liability Act shall not be affected.
(2) To the extent that our liability is excluded or limited, this shall also apply to the personal liability on the part of our legal representatives and vicarious agents.
Sec. 9 Export and Import Control
The Parties are aware that the services under this Agreement may be subject to export and import restrictions. In particular, authorisation requirements may apply or the use of the Software or technologies associated with it may be subject to restrictions in certain countries.
The Customer shall comply with the applicable export and import control regulations of the Federal Republic of Germany, the European Union and the United States of America as well as all other relevant regulations.
Our performance of the Agreement shall be subject to the proviso that performance is not met with any obstacles due to provisions of national and international export and import law or any other statutory regulations.
Sec. 10 Final Provisions
The Customer cannot transfer any rights and obligations under or in connection with this Agreements to any third parties without our prior written consent.
Place of performance shall be our registered seat in Stuttgart, Germany.
If the Customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction for any disputes arising under the business relationship between us and the Customer shall be our registered seat in Stuttgart, Germany. We shall also be entitled to bring action at the Customer's registered seat as well as at any other admissible place of jurisdiction.
The relations between us and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.
If individual provisions of these GTC Free are or become unenforceable, this shall not affect the validity of the remaining provisions.