License Agreement
of Janus Software Solutions
(for the software “Easy EPC QR Code Generator”)
§1. Subject of the contract
Janus Software Solutions grants the licensee a non-transferable license to use the software for the software under the following conditions. The licensee is entitled to use the software and the associated templates and documents in accordance with the following conditions. Janus Software Solutions is the sole and exclusive owner of the software and related rights. The licensee does not receive any further rights apart from the rights of use agreed here.
§2. License or software use
The licensee may install and use the software on one (1) single workstation (computer). A restriction of the above use through a written agreement between the licensee, e.g. as part of a maintenance contract, has priority in any case and must be observed by the licensee. Licensee may make one copy of the Software for backup purposes, but may not modify, translate, reverse engineer, decompile, or create derivative works of the Software. In the event of a breach of the above obligations, the licensee must pay a contractual penalty of EUR 20,000 to Janus Software Solutions, excluding the continuation of the relationship. This does not rule out the assertion of claims for damages. Irrespective of the contractual penalty and the assertion of damages, Janus Software Solutions will revoke the granted right of use in the event of violations of the above provisions, without there being a claim to reimbursement of the license fee paid.
§3. Property rights
The licensee fully recognizes the rights of Janus Software Solutions to the software (copyrights, trade secrets). This also applies to the copyright of documents that are in writing or on computer storage media. Licensee undertakes to protect these rights and to take all steps to prevent and prosecute any infringement or violation of these rights by third parties, insofar as they have come into possession of the product through or through him.
§4. Updates
Janus Software Solutions may update and/or revise the design and content of the Software at any time. Updated or revised versions of the Software are governed by the terms of this Agreement.
§5. Liability and warranty
The software has been tested and has the functions described in the help. Janus Software Solutions guarantees that the software contains the functions described and is not afflicted with errors that make it unsuitable or significantly limit it. Janus Software Solutions does not guarantee the suitability of the software for the licensee’s intended use. The licensee must notify his contractual partner or Janus Software Solutions in writing of any obvious defects in the software within 7 days of delivery at the latest. Hidden defects must be reported in writing immediately after discovery. If errors occur during contractual use, the licensee must report them immediately in a comprehensible form, stating the information useful for error detection, and in writing at Janus Software Solutions’ request. Janus Software Solutions can demand reimbursement of its expenses if it has acted on the basis of an error message without an error in the software being the cause of the error message. The licensee must support Janus Software Solutions as far as reasonable in eliminating errors, in particular by sending a data carrier with the software in question at Janus Software Solutions’ request. The warranty is provided by supplementary performance (repair or replacement delivery). The licensee only has the right to withdraw or reduce the price if the repair or replacement delivery has failed and a grace period of at least 40 days has been set for Janus Software Solutions. Any further warranty is excluded. Janus Software Solutions is only liable to the licensee in accordance with this contract. Further claims for damages by the licensee are excluded unless they are based on intent or gross negligence. Liability for indirect damage is excluded. If the licensee does not use the software updates offered by Janus Software Solutions and made available online, he cannot invoke a possible software defect within the scope of the warranty and liability, insofar as this possible defect would have been remedied by the software updates made available online can become. The warranty expires in cases in which the licensee has interfered with the software and/or had it done by third parties without the prior written consent of Janus Software Solutions.
§6. Termination of License Agreement
After termination of the license agreement, the licensee is no longer entitled to use the software. If the licensee violates a provision of this contract or the contract concluded with a contractual partner, Janus Software Solutions can terminate this license contract without notice or prohibit future use of the software. The licensee is obliged to return the software in his possession at the time of termination of the license agreement, as well as working and backup copies thereof, to Janus Software Solutions or to destroy or delete them.
§7. Final Provisions
The law of the Federal Republic of Germany applies, with Hameln as the place of jurisdiction. Licensee may not transfer or assign any rights or obligations under this Agreement. Should individual provisions of this license agreement be or become invalid, this shall not affect the validity of the remaining provisions. The void or ineffective provisions will be replaced by effective provisions that come closest to the economic purpose of the ineffective provision.
Date: June 2022