This document is an addition to the End User License Agreement between the contractual partner (hereafter “licensee”.) and United Planet GmbH; it defines the use of the provided mobile apps from United Planet GmbH.
The licensee is a customer of United Planet who is already using the software Intrexx. Users are agents, employees, business partners or any other individuals who work together with the licensee in the existing Intrexx portaland to whom the licensee has provided the mobile app for use within the scope of their commercial or autonomous occupational function; and are therefore users of the respective portal. A licensee who is a natural person can also bea user.
The licensee and their users, to whom the licensee – where applicable – has given permission to use the mobile app, may not be minors nor be limited in whole or in part in their contractual capacity.
General terms and conditions of the licensee that deviate from these conditions will not be considered to be subject matter of the contract, even if the order from the licensee took place on the basis of their general terms and conditions or if United Planet GmbH has not explicitly ruled out their validity.
Provided something isn’t defined as an exception in this contract, the General Terms and Conditions of United Planet GmbH
in its most current version, the License Conditions of Intrexx
as well as the Terms and Conditions for push notifications
apply, provided this service is used. Intended purpose of the mobile app
The mobile app is a generic native application for iOS and Android devices designed to improve the use of Intrexx in mobile scenarios. At least one Intrexx portal, which is displayed and can be edited using the mobile app, forms the basis for the mobile app usage.
The native app is fully operational upon delivery and may therefore only be customized by United Planet or after consulting United Planet. § 1. Subject matter of the contract
The subject matter of this contract is the computer program, assistance programs, program libraries, scripts, demonstration files, description of program and operating instructions as well as additional written material. They are referred to below as “mobile app”.
The licensee receives from United Planet GmbH the non-exclusive right limited to the duration of this contract to use the software solely for its own purposes within the scope of this agreement, the License Agreement of Intrexx and the General Terms and Conditions of United Planet. Information concerning the scope and content of the software can be found in the product documentation.
Installation and configuration services are not part of this contract but can be agreed upon separately between the parties.
The contractual products are delivered in a ready to use form, therefore in its object code.The source code is not a subject of this contract. So long as it is technically not possible to deliver the licensed products without the source code, the licensee is not permitted to modify or otherwise edit the delivered products in any way outside of the scope of the exceptions defined in these license conditions.
These terms ofuse do not constitute rights for or against third-parties. They apply solely between United Planet and the licensee. In particular, rights against the manufacturer of the mobile devices, on which the mobile app is installed, the provider of the operating system or the App-Store are not obtained.
If the licensee or a user no longer wishes to be bound to these license conditions, then they may no longer use the mobile app and should uninstall it immediately. § 2. Download the mobile app via an App-Store
In some cases, additional conditions apply to using an App-Store; these may need to be agreed to by the licensee or user before downloading or installing.United Planet is neither responsible for these nor can it affect these in any form. United Planet is not associated with the owners or operators of the App-Stores and does not represent it.
The licensee recognizes that the owners and operators of the App-Stores are not obliged to provide any kind of support or maintenance regarding a mobile app from United Planet. All rights and duties stated in these conditions exist between the licensee and United Planet. Should the licensee have questions regarding the app, they are to contact United Planet. § 3.
Installation of a mobile app, technical requirements
Either the operating system Google Android or Apple iOS needs to be installed on the mobile device. On other operating systems and/or versions, the mobile app may expire: full functionality and a complete and appropriate presentation of information is not technically guaranteed in this case.
The licensee is obliged to ensure that the implemented mobile devices are suitable for using the App-Store and a mobile app, that all required permissions are provided and that third-party software, which could impair the use or installation of the mobile app, is not installed on the mobile device. The installation of a mobile app may not be interrupted or modified because this could otherwise prevent correct installation and use, or data on the mobile device could be lost. § 4.
Use of a mobile app
The licensee may only use – or allow users to use – the mobile app from United Planet for legal purposes subject to the applicable laws and only in the scope of the specified or discernible possible uses or purposes envisaged by a mobile app.
In particular, any improper use of a mobile app is forbidden, for example the decompiling or hacking of a mobile app.
The licensee is liable to report any improper use of a United Planet mobile app, or any other security-relevant incident in relation to the use of a mobile app, to United Planet without delay. § 5.
Granting of rights
United Planet provides the user with the simple, non-exclusive and personal right to install and use the software on a mobile end device. The user is not permitted to interfere in security mechanisms or remove copyright or any other notifications.
Acquisition of additional rights to the software itself does not form part of this contract. United Planed maintains all rights of the software in particular the rights of publication, reproduction, processing and use.
The contractual software is protected by copyright laws and international copyright agreements(§69a ff German Copyright Act.). The copyright is a component of this license contract. Notices concerning copyright or other intellectual property rights, which are part of the software, may not be altered, removed or made unrecognizable in any other way. § 6.
The software may be modified and edited by the user.
Modifications or developments to the software by the user are not allowed, provided it doesn’t serve the purpose of removing a fault and United Planet has exceeded the deadline with regards to fixing said fault. In any case, it is prohibited to revert, decompile or disassemble the software or written materials or develop products that derive from the software. The relevant provisions of §§69a-69g of the Copyright Act remain unaffected.
The user is liable for all damages resulting from copyright violations incurred to United Planet, which arise due to any violation of these contractual conditions made by the user.
United Planet is entitled to update the software at its own discretion and at any time they see fit. United Planet is not obliged to make said updates available to users, whose software is not registered or if a possible maintenance fee was not paid.
Any changes, additions or limitations of the mobile app only concern one mobile app (re.) downloaded from the App-Store. A direct modification on the mobile deviceis not made by United Planet.
Automatic updates depend on the App-Store, its access software and the individual mobile device of the user. They cannot be initiated by United Planet alone, but must be permitted by the user in the settings of the mobile device, where applicable. § 7.
Duration and termination of the rights of use
Any use of the products by the licensee which goes beyond the regulations specified in §2 of this agreement, is a violation of this contract. In this case, United Planet is entitled to terminate the rights of use with immediate and full effect. All rights of use provided under this agreement are then immediately ineffective for the licensee and are automatically returned to United Planet. In this case, the user should immediately cease using the software and uninstall it. § 8.
Downloading and installing the mobile app is free of charge.
However, using the mobile app may incur connection costs depending on the applicable mobile/data tariff and based on the contract between the licensee oruser, whose mobile device is used, and the access provider. § 9.
Liability for defects
The licensor guarantees that the software is in compliance with the description and specifications laid out in the relevant program documentation and has been created with due care and skill, in accordance with §§ 434 ff of the German Civil Code. The subject matter of the contract is therefore only a software that can fundamentally be used in the sense of the program description and user manually.
United Planet will rectify the software’s defects which do not cause negligible limitations to theuse in accordance with the regulations. This is done at the discretion of United Planet, depending on the significance of the error, by providing an improved software version, information as to how to remove the defect or how to circumvent the effects of the fault. The licensee is obligated to accept the new software version, which will remove the defect, unless this leads to undue adjustment and implementation problems.
If the defect cannot be remedied within a reasonable period of time or if the repair or replacementis deemed to have failed for any other reason, the customer may request areduction in price or rescission of the contract. On the termination of the contract, the licensee must destroy or render the contractual software, including all documentation and copies which have been made, unusable and return the software to United Planet.
The defect cannot be deemed as the responsibility of United Planet if the defect is due to the fact that the system requirements specified in the software documentation are not met and not suitable for the product. In addition, the licensor does not guarantee that the software meets all the requirements of the licensee and can connect with other software programs selected by the licensee. The responsibility for the proper selection and use of the software as well as its intended and achieved result is the responsibility solely of the licensee.
Technical information, specifications and performance information, which is made in public statements, in particular advertising materials, are not guarantees. The functionality of the software is based on the description within the written documents and where appropriate,supplementary agreements made for this purpose.
As long as this does not concern a consumer good purchase in accordance with §§ 474, 475 of the German Civil Code, the right to claim for defects – except in cases of defect defined in §7, Paragraph 1 – expires after 12 months of the software being delivered. The licensee must immediately notify United Planet of any defects discovered in writing. In the case of material defects, the licensee is obliged to provide United Planet with a description of the time of discovery and any other necessary information.
Due to the nature of the internet, the necessity of using a telecommunucational connection of a third-party provider to use the mobile app and the necessity of collaboration with the individual mobile device of the user, other software and other computer systems, United Planet cannot assume any responsibility for a continual, uninterrupted availability of the mobile app and the content it displays.
United Planet assumes no responsibility or liability that the mobile app is definitely free of viruses or malware because the administration of the App-Store, the provision of the download and the collaboration with other software when the mobile app is used on a mobile device are not governed by United Planet. However, United Planet makes every effort within its responsibility and means to technically safeguard the mobile app with the applicable methods in accordance with the current state of technology. § 10.
In the case of loss of life, limb or injury to health, United Planet is fully liable if the loss is intentional or through gross negligence in accordance with the regulations of the Product Liability Act and in the scope of a breach of the services or properties guaranteed by United Planet.
United Planet is only liable for slight negligence, if a duty, whose fulfillment facilitates the proper consummation of the contract in the first place and in whose fulfillment the licensee can trust (cardinal duty) is breached. The amount to be paid is limited to the damages, which are predictable or typical based on the type of business in question, but to two times the amount paid by the licensee for the license fee for the mobile app.
Unless otherwise stated in §6 and §7, United Planet is only liable for direct damage to the product – not indirect and consequential defects (in particular, loss of profit and loss of production.). United Planetis not liable for loss of data, unless United Planet caused a defect by gross negligence or willful intent and only if the licensee has ensured to back up their data in machine readable form that can be reconstructed with a reasonable effort.
The licensee is aware that they should conduct regular backups of their data in the context of their obligation to minimize any damage in the case of a suspected software error and they shall take all reasonableadditional safeguards to ensure they carry out these regular backups.
United Planet assumes no responsibility for damages that occur during installation or usage of the mobile app on a mobile device or for damages to its data.
United Planet is not liable in any additional case. The above provisions also apply to the benefit of any agents acting on behalf of United Planet. § 11.
The provision of the mobile app is a voluntary service of United Planet GmbH; there is no legal entitlement to its future maintenance.
The maintenance of the software is governed solely by the terms of a separate software maintenance agreement, the “Software Service Contract”. § 12.
Any additional clauses or amendments to the terms of this contract only apply if they are confirmed by United Planet in writing. The same applies to the removing of said condition.
With regards to all legal relationships from this contractual relationship, the law of the Federal Republic of Germany is applicable excluding the UN sales of goods law.
The invalidity of one or more provisions of this contract shall not affect the validity of the contract as a whole. The parties agree to replace the invalid provision with a provision that best fits the purpose that the invalid clause previously covered. The same applies in the case of an omission of a clause within this agreement.