Table of Contents
Version 2.0 from 01. September 2016
This license agreement grants a non-exclusive right to use the Groupware Client developed by Intra2net AG under the following license conditions. By installing the software you agree to the following license terms.
§ 1 Object of the Contract
1) The object of the contract is the "Intra2net Groupware Client", which comprises a MAPI Storage Provider application. This application can only be used in combination with Microsoft Outlook.
2) Intra2net AG grants the Licensee the non-exclusive right to use the above-mentioned and purchased "Intra2net Groupware Client" on a permanent basis and only in accordance with the following provisions. The software is protected by copyright (§§ 69a ff. UrhG).
§ 2 Authorized Use
1) A license for a specific number of users is issued to a natural or legal person. This license is part of the "Intra2net Business Server" or "Intra2net Enterprise Edition" license, is bound to it, and applies to the number of users listed there.
2) Simultaneous installation, storage or use is only permitted in the amount up to the number of licensed users.
§ 3 Restrictions of Use
1) The licensee must prevent repeated use beyond the maximum number of purchased users. If this number of users is exceeded, the functionality can be reduced for the surplus logged in users.
2) The licensee is not entitled to use the "Intra2net Groupware Client" or individual components thereof for hazardous applications which require faultless continuous operation with corresponding systems. Hazardous applications include, in particular, high-risk and high-availability activities such as the operation of nuclear power facilities, weapon systems, aeronautical navigation or communication systems, transport systems, hospital and healthcare equipment and other applications relevant to people's lives and health.
3) The Licensee shall observe the Licensor's instructions regarding the "Intra2net Groupware Client" operating environment, the approved versions of the operating system, Microsoft Outlook and Microsoft Outlook configurations that differ from the basic version. This applies in particular to the use of additional Outlook plugins and addins.
§ 4 Additional Services
If the license entitles the right to time-limited services (e.g. update service), their term is bound to the license of the "Intra2net Business Server" or the "Intra2net Enterprise Edition".
§ 5 Evaluation license
1) If no license has been purchased from an end customer, they are entitled to an evaluation period of 30 days, which grants them the right to install and test the software in non-production-critical environments under these license conditions. If a non-self-purchased license is entered, the evaluation license expires immediately.
2) The evaluation license or another, time-limited license may only be used for the corresponding period after installation and can only be extended with the written consent of Intra2net AG. The remaining time is displayed on the user interface of the software.
3) At the end of this period, the software terminates functionality. The customer is responsible for securing all data in advance.
4) An evaluation license does not entitle the licensee to warranty claims, except in cases where the licensor is responsible for intent or gross negligence.
§ 6 Decompiling and Program Changes
1) The re-translation of the provided program code into other code forms (decompilation), as well as other types of redevelopment at the different stages of production in the software (reverse engineering), including program modification, are only permitted in the following cases.
2) The consent of the rights holder shall not be required if the reproduction of the code or the translation of the code form is essential in order to either a) meet the conditions of the LGPL or b) obtain the information necessary to establish the interoperability of an independently created computer program with other programs, provided that the following conditions are met:
The actions are carried out by the licensee or by another person authorized to use a copy of the program or on their behalf by an authorized person;
the information necessary for establishing interoperability is not yet readily available to the persons referred to in point 1;
the actions are limited to those parts of the original software which are necessary to achieve interoperability.
In the case of information obtained from such acts referred to in (a) and (b), it shall not be permitted to
be used for purposes other than to achieve interoperability of the independently created programme,
provided to third parties unless this is necessary for the interoperability of the independently created programme,
used for the development, production or marketing of a program with substantially similar purposes or for any other acts infringing copyright.
3) Copyright notices, license codes, serial numbers and other features used to identify the program may not be removed or changed under any circumstances.
4) If the "Intra2net Groupware Client" is modified, warranty or guarantee claims can only be asserted if the customer can prove that the defects are not related to the modifications.
§ 7 Resale and Rental
1) The Licensee may sell or give away the Software, including the User Manual and other accompanying material, to third parties on a permanent basis, provided that the acquiring third party agrees to the continuation of these Terms and Conditions of Contract. In the event of transfer, the Licensee must hand over to the new Licensee all copies of the program, including any backup copies that may be available, or destroy the copies that have not been handed over. As a result of the transfer, the right of the old licensee to use the program expires.
2) The Licensee may not rent the Software, including the accompanying material, to third parties.
3) The Licensee may not transfer the software to third parties if there is a reasonable reason to suspect that the third party will violate the contractual terms and conditions, in particular if it produces illegal copies. This also applies to employees of the licensee.
§ 8 Warranty
1) Defects in the software programmed by Intra2net AG, including the accompanying documents, will be remedied by the licensor within the warranty period of 24 months for consumers or 12 months for companies from the time of delivery after notification by the licensee. This shall be done at the discretion of the licensor by subsequent repair or delivery of a replacement.
2) In the event of two unsuccessful repair or replacement deliveries, the Licensee may withdraw from the contract or demand compensation for damages. Subject to § 9, the statutory regulations apply.
§ 9 Liability
1) The following provisions apply to all claims for damages made by the Licensee, irrespective of their legal basis, whether due to culpability at the time the contract was concluded, or due to other breaches of obligation, criminal, or other circumstances.
2) Intra2net AG is liable in full for damages resulting from injury to life, limb or health caused by an intentional or negligent breach of obligations by the legal representatives or persons employed by Intra2net AG.
3) Intra2net AG shall be liable in full for any other damages resulting from an intentional or grossly negligent breach of obligation by its legal representatives or persons employed in the performance of its obligations.
4) Intra2net AG is fully liable for the absence of a guaranteed quality of the promised service and for fraudulent concealment of a defect.
5) Intra2net AG shall be liable for the remaining damages arising from any culpable breach of fundamental obligations. Fundamental obligations are defined as contractual obligations, the fulfilment of which makes the correct performance of the contract possible and on whose adherence contractual partners may regularly rely. In such cases Intra2net AG shall be held liable to the extent limited to compensation for damages which were typical and foreseeable at the time of conclusion of the contract.
6) Liability under the Product Liability Act remains unaffected.
7) Otherwise, the liability of Intra2net AG is excluded.
8) Any negligence on the part of the Licensee as a result of insufficient participation, delayed notification of damages, the use of unreleased software or for other reasons shall be attributed to the Licensee.
9) Intra2net AG shall not be liable for the loss of data and/or programs insofar as the damage is due to the Licensee's failure to carry out the necessary data backups or to regularly check the integrity of the data backups and thereby ensure that lost data can be restored with justifiable effort.
10) For damages caused by any additional installed software Intra2net AG is only liable in case of delivery and installation.
11) No liability is accepted for the compatibility of the software with versions of the operating system, Microsoft Outlook and configurations of Microsoft Outlook that deviate from the basic version not explicitly approved by Intra2net AG. This applies in particular to the use of other Outlook plugins and addins.
§ 10 Obligation to check and give notice of defects
1) The Licensee shall inspect the delivered software including the documentation within eight working days after delivery, in particular with regard to the integrity of the data storage and manuals as well as the functionality of basic software functionality. Defects that are discovered or identifiable must be reported to the licensor within a further eight working days. The notification of defects must include a thorough description of the defects.
2) Defects that cannot be detected within the scope of the described examination must be reported within eight working days of discovery, in compliance with the notification requirements set out.
3) In the event of a breach of the obligation to check and give notice of defects, the software shall be deemed to have been approved in view of the defect in question.
§ § 11 Written Form
All agreements that include a change, amendment or specification of these contractual conditions as well as special assurances and agreements must be made in writing. If they are issued by the Licensor's representatives or assistants, they shall only be binding if the Licensor provides written consent.
§ 12 Governing Law
The parties agree to accept the application of the law of the Federal Republic of Germany with regard to all legal relationships arising from this contractual relationship, excluding the UN Convention on Contracts for the International Sale of Goods.
§ 13 Place of Juristiction
Insofar as the Licensee is a trader within the definition of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special asset under public law or has no place of jurisdiction in Germany, Stuttgart shall be agreed as the place of jurisdiction for all disputes arising in connection with the establishment, performance and termination of this contractual relationship.
§ 14 Severance Clause
Should individual terms and conditions be or become invalid, ineffective or contestable, they shall be interpreted or supplemented in such a way that the intended economic purpose is achieved in a legally permissible manner as closely as possible; the remaining terms and conditions shall remain unaffected. This shall also apply correspondingly to any omissions requiring further attention.