EULA

DATRON End-User Licence Agreement for Paid Software

Preamble

Pursuant to the terms of this EULA (End-User Licence Agreement), DATRON AG grants to you a licence regarding the Software DATRON next and DATRON Live Machine Apps, including the pertaining user documentation. DATRON next has been developed to facilitate the control of your DATRON milling machine and to guide you easily through the milling programme. DATRON Live Machine Apps allow you to access the milling machine control from a mobile device or PC to facilitate location-independent work. Please note that, as a matter of course, Software will never be free of errors. Should unforeseen Software errors occur, DATRON AG will endeavour to offer you a solution to the issue once the Software error is known and identified.

§ 1 Definitions

  1. GTC – means the General Terms and Conditions of Business of DATRON. See www.datron.de/en_gb/service/gtc.html. As stated below, these GTC shall prevail over the provisions of this EULA.
  2. User Documentation – means the written documents, in printed or electronic form, describing the features of the Software and/or Updates and Upgrades and intended to help you use the Software, Updates and/or Upgrades efficiently. Such documentation does not alter the terms of this EULA or the pertaining GTC.
  3. DATRON – means DATRON AG in den Gänsäckern 5, 64367 Mühltal-Traisa, Germany.
  4. DATRON Live Machine Apps – means Software for digital and data-driven DATRON products, in object code format, including all pertaining Updates and Upgrades provided by DATRON and for which DATRON has granted you a Licence.
  5. DATRON next – means the Software for the control of DATRON milling machines in object code format, including all pertaining Updates and Upgrades, which DATRON provides and for which DATRON has granted you a Licence.
  6. Fee – means the price or licence fee for DATRON Software.
  7. Customer – refers exclusively to you as an entrepreneur/a business (“Business”).
  8. Licence – means your right to use the Software in accordance with this EULA and the GTC in effect at the respective contract date. The Licence defines the type and scope of your right to use the Software.
  9. Licence Period – means the period for which the Licence for the Software is granted. The Licence Period begins when you start using the machine or when you receive a Licence Key.
  10. Licence Key – means the code used to unlock the Software and that is given to you upon full payment of the Fee.
  11. Software – means the computer programmes DATRON next and/or DATRON Live Machine Apps from DATRON in object code format, including all pertaining Updates and Upgrades provided by DATRON, and for which DATRON has granted you a Licence.
  12. Business – means a natural person with legal capacity, a legal entity or partnership that, when ordering or receiving Software from DATRON, acts in the exercise of its commercial or independent professional or other activity outside their personal or household use.
  13. Updates and Upgrades – means enhancements of the Software. Whether an enhancement is an Update or an Upgrade is decided by DATRON alone.
  14. Confidential Information – means each and any information and documents of the respective other party that are marked as confidential or are considered confidential from the circumstances, in particular information about operational processes, business relations and know-how.

§ 2 Object of the Agreement

  1. The object of this Agreement concerns the permanent transfer of the Software in object code as specified in the respective purchase offer, including the pertaining user documentation, and the granting of the rights of use described in § 4 below. The hardware and software environment within which the Software is to be used is specified in the user documentation, in combination with the Licence Key for activating the Software, as well as in the respective individual order confirmation.
  2. DATRON provides you with a copy of the user documentation as a printed version or as a download. The Software is protected by a Licence Key, which you receive exclusively for the use of the Software as specified in the respective order confirmation and in the user documentation.
  3. The features and functionality of the Software are finally determined by the enclosed user documentation. The information contained therein are to be understood as a performance description and not as a guarantee (“Garantie” under German law). A guarantee is only granted if specifically designated as such.
  4. Installation and configuration services are not subject of this EULA.

§ 3 Industrial property rights

The Software is protected by international copyright laws, treaties and other legislation. DATRON and its licensors own and retain any right, title and interest in and to the Software, including copyrights, patents, trade and business secrets, trademarks and other intellectual property rights of whatever type. This EULA does not transfer any title in the Software to you. With the exception of the rights described in § 4 below, you do not acquire any rights in relation to the Software.

§ 4 Granting of Licences/rights of use

  1. DATRON hereby grants you, upon full payment of the Fee, a non-exclusive, transferable, perpetual Licence to use the Software in object code on DATRON machines or on devices recommended by DATRON (e.g. smartphones), including the pertaining user documentation, subject to any limitations contained in this EULA or in the DATRON GTC. The DATRON GTC shall prevail in the event of any conflict between this EULA and the GTC.
  2. A Licence for the DATRON Live Machine Apps can only be granted if you have at least DATRON next version 2.13 installed on your equipment.
  3. In the case of Software for which Updates and Upgrades are provided by DATRON, your Licence includes the right to receive and use Updates and Upgrades for a period of one year (twelve months) upon full payment of the Fee. After one year (twelve months) you will not be entitled to the provision of further Updates and Upgrades for the Software licensed according to § 4, para.1. However, DATRON may choose to offer further Updates and Upgrades at its own discretion. You may use only the version of the Software for which you have paid if no further Updates or Upgrades are available from DATRON.
  4. DATRON next is used exclusively on DATRON milling machines. The right of use is thus vested in the individual milling machine sold by DATRON.
  5. DATRON Live Machine Apps can be used in a web browser on one or more suitable devices.
  6. In all other respects, the number of Licences and also the type and scope of use are determined by the conditions stipulated in the order confirmation and by the user documentation. However, you have the right to let or sell the milling machine together with the Software.
  7. You are allowed to use the Software once it has been unlocked with the Licence Key and it is used for the intended purpose pursuant to the user documentation.
  8. DATRON authorises you to decompile and copy the Software only to the extent provided for by law. Such provision shall only apply, however, if DATRON has not made necessary information available to you within a reasonable period of time upon request.
  9. You must not, and you must not permit any other person to, modify the Software in whole or in part, or create derivative works that are based on the Software in whole or in part.
  10. Should you sell the milling machine, you may permanently let the DATRON next Software together with the machine and the DATRON Live Machine Apps to a third party, provided that the respective Licence Keys and the user documentation are also transferred. In such a case, you must no longer use the Software, must remove any copies of the Software from your equipment and delete any copies on other data carriers or hand them over to the third party, except to the extent that you are required by law to retain them for a longer period of time. Upon request by DATRON, you must confirm in writing that the above measures have been fully implemented or, if necessary, explain the reasons for longer periods of storage. Furthermore, you must specifically oblige the third party to comply with the scope of the granting of rights in accordance with this § 4.
  11. Copyright labels, serial numbers and other features serving Software identification must not be removed or changed from the Software.

§ 5 Third-party licences

DATRON next Software and DATRON Live Machine Apps contain Software from third-party suppliers. You hereby agree to comply with the licence terms set forth in such third-party licences. Inquiries regarding third-party licences attaching to DATRON Software may be made by written request to the following address: DATRON AG, Abteilung Forschung und Entwicklung, In den Gänsäckern 5, 64367 Mühltal, Germany. Please mention the product name, Software version and an email address in your written request. DATRON will then send you an email you with the relevant licence conditions.

Third-party licences for DATRON Live Apps can also be viewed in the app in the "More-Menu" under "Other"/"About". DATRON next third-party licences can be found on the home screen under "Settings" in "Machine status" under "Installed software components".

§ 6 Technical support

DATRON offers technical support services and can be reached at service(at)DATRON.de or by telephone: +49 (0) 6151-1419-999. DATRON provides technical support at its sole discretion and these services are not linked to any guarantee or warranty. It is your responsibility to back up all your existing data, Software and applications before you receive technical support from DATRON. DATRON reserves the right to suspend, terminate or refuse to provide any technical support at its sole discretion.

§ 7 Warranty (concept of Gewährleistung under German law)

  1. DATRON offers a warranty on the agreed quality as specified in the user documentation and that you can use the Software without infringement of third-party rights. The warranty for defects does not apply to defects resulting from the fact that the Software is used in a hardware and/or software environment that does not meet the requirements specified in the user documentation or to changes and modifications made by you to the Software without being entitled to do so by law or this EULA, or without the prior written consent of DATRON.
  2. As a Business, you must inspect the Software for obvious defects as soon as reasonably practicable upon receipt and notify DATRON as soon as reasonably practicable if such defects exist, otherwise warranty for such a defect is excluded. The same shall apply accordingly if such a defect becomes apparent at a later date. § 377 of the German Commercial Code, HGB, shall apply in this respect.
  3. Because you are a Business, DATRON may initially provide subsequent performance in the event of a defect, i.e. it may, at its own discretion, remedy the defect ("rectification of defects") or deliver a replacement. In the event of a replacement delivery, you may have to adopt a new version of the Software, unless this would be unreasonably onerous. In the event of a defective title, DATRON shall, at its own discretion, either provide for a legally unobjectionable way to use the Software or modify the Software so that it no longer infringes on third-party rights.
  4. DATRON is entitled to carry out warranty-related activities on your premises. DATRON may also fulfil its obligation to remedy defects if it makes Updates with an automated installation routine available for download on its homepage and offers the Customer support by telephone to solve any installation problems that may arise.
  5. Your right to either reduce the purchase price or withdraw from the contract, at your discretion, remains unaffected in the event that the repair or replacement delivery fails twice. A right of withdrawal does not exist in the case of insignificant defects. Liability by DATRON for your claims for damages or compensation for wasted expenditure is governed by § 8 below.
  6. With the exception of claims for damages, warranty claims based on defects become time-barred after twelve (12) months, unless DATRON fraudulently concealed the defect, assumed a guarantee for the quality of the Software or is responsible for intent or gross negligence. The limitation period starts when the Licence Key is communicated to you. Claims for damages and compensation of wasted expenditure are governed by § 8.

§ 8 Liability

  1. Liability on the part of DATRON is not limited in the following cases:
    - intent or gross negligence;
    - culpable injury or death;
    - defects DATRON has fraudulently concealed;
    - governed by the provisions of the Product Liability Act; and
    - scope covered by guarantee assumed by DATRON.
  2. DATRON shall only be liable for damage resulting from a slightly negligent dereliction of duty by DATRON or its legal representatives or agents if this constitutes an essential breach of contract (i.e. of an obligation owed by DATRON that is crucial for the achievement of the purpose of the contract, or to which DATRON must adhere to and that, if not fulfilled, may jeopardise the achievement of the purpose of the contract). In the case of a slightly negligent breach of a fundamental condition of contract, liability shall be capped at an amount of reasonably foreseeable damage.
  3. DATRON does not assume any other or further liability.
  4. The above limitation of liability also applies to the personal liability of DATRON's employees, representatives and committees.

§ 9 Protection measures, right to audit

  1. You are obliged to take appropriate measures to protect the Software and, if applicable, the respective Licence Keys for online use from access by an unauthorised third party. In particular, the Licence Keys must be kept in a safe place.
  2. At DATRON'S request, you must assist DATRON in ascertaining that the Software is used properly, in particular whether you use the Software in accordance with the Licences acquired by you, both in terms of quality and quantity. To this end, you will provide DATRON with information, grant access to relevant documents and records and enable DATRON or an auditing company appointed by DATRON and acceptable to you to check the hardware and Software environment used. DATRON may carry out the inspection on your premises during regular business hours or have it carried out by a third party bound to secrecy. DATRON will try to ensure that your business operations are disturbed as little as possible by its activities on site. If the inspection reveals any other, non-contractual use, you must pay the costs of the inspection, otherwise DATRON will.

§ 10 Confidentiality

  1. You are obliged to maintain secrecy about Confidential Information that becomes known to you, e.g. during activities permitted by law in accordance with § 69 lit. (d) of the German Copyright Act UrhG.
  2. This duty does not apply to Confidential Information that are:
    (a) demonstrably already known to the recipient at the time of acceptance of this EULA or subsequently have become known to the recipient from a third party without breach of any confidentiality agreement, statutory provision or public order;
    (b) publicly known at the time of acceptance of this EULA or are subsequently publicised, provided that this is not attributable to a violation of the present Agreement;
    (c) must be disclosed by law or by order of a court or public authority. A recipient subject to a disclosure obligation will, to the extent permissible and possible, inform DATRON in advance and enable it to take action against the disclosure.
  3. You will disclose Confidential Information only to those employees who need to have this information to correct the error, and you will oblige these employees to maintain confidentiality even after they leave the company, to the extent permitted by employment law.
  4. Any culpable violation of these rules will entail prosecution under civil and criminal law.

§ 11 Data protection

DATRON collects, stores and processes personal data of the ordering companies as is necessary for the transaction. DATRON is also entitled to have this data processed and stored by a third-party contractor.

The data protection measures that must be observed when operating the Software are your responsibility in your capacity as the user of the Software.

§ 12 General provisions

  1. Each and any legal relationship between DATRON and you shall be governed by German law alone. The application of the UN Sales Convention is excluded
  2. The place of jurisdiction for any disputes arising from this EULA between DATRON and you shall be Darmstadt, Germany.
  3. If a provision of this EULA is or becomes wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision/part of the provision shall be deemed replaced by a legally valid provision that is nearest to the purpose pursued by the invalid provision.
  4. Each and any rights not expressly set forth in this EULA are reserved by DATRON.
  5. Your general terms and conditions of business are inapplicable.
  6. Software may be subject to export and import restrictions. In particular, official licences may be required or the use of the Software or related technologies abroad may be subject to restrictions. The applicable export and import control regulations of the Federal Republic of Germany, the European Union and the United States of America and all other relevant regulations must be adhered to.
  7. You are not entitled to assign the rights you have under this EULA without the prior written consent of DATRON. § 4 para. 10 remains unaffected.
  8. DATRON reserves the right to amend this EULA at any time.

Mühltal, 01 July 2020

DATRON End User Licence Agreement for the DATRON next software – EULA

Preamble

DATRON AG licenses to you, pursuant to the conditions of the present EULA (End User License Agreement), the DATRON next software, including the pertaining user documentation. DATRON next has been developed to facilitate controlling your DATRON milling machine and to guide you through the milling program easily. Please note that software, in general, can never be totally error-free. Should, unexpectedly, software errors occur, DATRON AG will endeavour to offer you a solution as soon as it becomes aware of and has identified such error.

§ 1 Definitions

  1. AV-Version – means Software that is not machine-related and licensed for one computer.
  2. User Documentation – means written materials in printed or electronic form that describe the functions of the Software and/or updates and upgrades helping you to use the Software, Updates and/or Upgrades effectively. The User Documentation does not modify the provisions of this EULA and/or its underlying general terms and conditions.
  3. DATRON – means DATRON AG, In den Gänsäckern 5, 64367 Mühltal-Traisa, Germany.
  4. Fee - means the price of or licence fee for DATRON software.
  5. GTC - means the DATRON general terms and conditions of business. See also www.datron.de. The provisions of the GTC shall take precedence over the provisions of the present EULA as stipulated hereunder.
  6. Customer – means only you in your capacity as a business.
  7. Licence – means your right to use the Software pursuant to this EULA and the GTC applicable at the date when the respective contract is concluded. The Licence determines the scale and scope for which the Licence to the Software is granted.
  8. Licence Period – means the period of time for which the licence is granted. The Licence Period starts when you put the machine into operation and/or receive a software dongle.
  9. Software - means the DATRON next software from DATRON in the object code, including any pertaining updates and upgrades that are provided by DATRON and for which DATRON has granted you a Licence.
  10. Software Dongle – is a copy-protection measure and helps to prevent unauthorised duplication of Software.
  11. Test Licence – means a free licence to test the AV-Version for a limited period and/or with limited functionality by a Customer.
  12. Business – means any natural person, legal person or partnership with legal capacity ordering or receiving the DATRON Software in pursuit of its commercial or independent professional or other activity outside its personal or family-related sphere.
  13. Updates and Upgrades - means new software versions. Whether a new software version is an Update or an Upgrade shall be decided by DATRON alone.
  14. Confidential Information – means all information and documents of the other party that have been earmarked as confidential or classify as confidential under the given circumstances, including, without limitation, information regarding operational processes, business relationships and know-how.
  15. Access Data – are given to the Customer by DATRON and include a valid dongle and a pertaining password that the customer must use to activate the Software.

§ 2 Object of the Agreement

  1. The object of the present Agreement concerns the long-term transfer of the Software in the object code as described in the offer, including the pertaining user documentation and the rights of use described in Article 4 below. The hardware and software environment in which the Software must be used is described in the user documentation, combined with the Dongle to activate the Software, and also in the respective individual confirmation of the order.
  2. DATRON provides you with one printed or downloadable copy of the User Documentation. In the event of a download, DATRON makes the Software and the User Documentation available for download on its website (www.datron.de). The Software is protected with the Dongle, which you receive solely for the purpose of using the Software as described in the individual confirmation of the order and the User Documentation.
  3. The quality and functionality of the Software is finally determined by the contents of the attached User Documentation. The data contained therein is a performance description and cannot be construed to constitute a guarantee. A guarantee is given only if specifically described as such.
  4. Installation and configuration work is not covered by this EULA.

§ 3 Property Rights

The Software is protected by international copyright laws, treaties and other laws. DATRON and its licensors own and maintain any rights, title and claims vested in and related to the Software, including any copyrights, patterns, operating and business secrets, trademarks and other industrial property rights. No title in the Software is transferred onto you hereunder. Except as provided for in § 4, you shall have no rights whatsoever related to the Software.

§ 4 Granting of Licence/Rights to Use

  1. Upon full payment of the Fee, DATRON grants you a non-exclusive, transferable, permanent licence for the use of the Software in the object code on DATRON machines or as AV-Version on one computer of the Customer, including the pertaining User Documentation and subject to any restrictions imposed hereunder or in the DATRON GTC. In the event of a conflict between the present EULA and the GTC, the DATRON GTC shall prevail.
  2. Should you receive a Test Licence of the AV-Version of the Software, the time during which the Software can be used shall be restricted to the period indicated in the confirmation of the order.
  3. With respect to Software for which DATRON has provided Updates and Upgrades, your Licence includes the right to receiving and using Updates and Upgrades during a period of one year (12 months), subject to full payment of the Fee. After a period of one year (12 months), you are no longer entitled to further Updates and Upgrades regarding the Software license pursuant to § 4(1). Yet, DATRON is entitled to offer to provide further Updates and Upgrades on a voluntary basis. With respect to Software for which no Updates or Upgrades are available from DATRON, your right to use the Software is restricted to the version of the Software for which you have paid.
  4. The use of the Software is restricted to DATRON machines. The right to use the Software is thus linked to the individual machine sold by DATRON. The AV-Version is used on one computer of the Customer.
  5. The number of Licences and the type and scope of use are further determined by the conditions stipulated in the confirmation of the order and the User Documentation. Yet, you do have the right to lease or sell the machine including the Software.
  6. The permitted use of the Software requires that the Software is activated through the Access Data and used in accordance with the User Documentation.
  7. DATRON allows you to decompile and/or copy the Software only to the extent permitted by law. This, however, applies only to the extent that DATRON has previously failed to provide you with the necessary information within a reasonable period as requested by you.
  8. You are not allowed to and you must not allow another person to fully or partially modify the Software or create derivative works that are fully or partially based on the Software.
  9. If the machine is sold, you will be entitled to permanently transfer the Software you bought to a third party in connection with the machine, including the Dongle and the User Documentation. In this case, you shall refrain from using the Software any longer, delete any copies of the program installed from your computers and delete any copies stored on other data media or hand them over to your buyer, unless you are subject to longer statutory retention periods. Upon request by DATRON, you will be under the obligation to confirm in writing that you adhered to each and any of the aforementioned measures or give the reasons for longer retention periods, if necessary. Furthermore, you are under the obligation to include in your agreement with such third party the adherence to the scope of the granting of rights pursuant to this § 4.
  10. Copyright marks, serial numbers or other features aimed at identifying the Software shall not be removed or modified in whatever way.

§ 5 Third-party Licences

DATRON next Software includes third-party software. You herewith agree and acknowledge adherence to the licensing conditions imposed by the third-party software. Queries regarding third-party software underlying the DATRON next Software should be sent to: DATRON AG, Abteilung Forschung und Entwicklung, In den Gänsäckern 5, 64367 Mühltal, Germany. You written query should include the name of the product, the Software version and a return address. DATRON will then provide you with the relevant licensing conditions by email.

§ 6 Technical Support

DATRON offers technical support services through its website (www.datron.de). Technical support services are provided in the sole discretion of DATRON and is not linked to any warranty or guarantee undertakings. You are fully responsible to save all existing data, Software and programs before receiving DATRON technical support. DATRON reserves the right to refuse, suspend or terminate technical support services in its sole discretion.

§ 7 Warranty

  1. DATRON offers warranty for the agreed characteristics pursuant to the User Documentation and also for you using the Software without infringement of third parties' rights. Warranty for defects is not applicable to defects attributable to the use of the Software in a hardware or software environment that is incompatible with the requirements stipulated in the User Documentation or for changes and modifications of the Software made by you without being authorised by statute, the present EULA or by reason of DATRON's prior written approval.
  2. In your capacity as a Business, you are under the obligation to examine the Software immediately upon receipt for apparent defects and communicate these without undue delay to DATRON; otherwise there will be no warranty for such defects. The same shall apply mutatis mutandis if a defect becomes apparent later on. Sec. 377 German Commercial Code ("HGB") shall be applicable.
  3. With you being a Business, DATRON is entitled to first try and remedy the defect by choosing the type of remedy, i.e. removal of the defect or replacement. If a replacement is provided, you may receive a more recent Software version, unless this would cause unreasonable duress. In the event of a defective title, DATRON will, at its own option, either provide you with the legally permissible option to use the Software or change it in such a way that the infringement no longer persists.
  4. DATRON shall be entitled to provide warranty services on your premises. DATRON shall be deemed to have fulfilled its remedial duties also by providing an automated installation routine for an Update on its homepage and offering the customer telephone support to address any upcoming installation issues.
  5. This does not affect the Customer's right to either reduce the purchase price or, at its option, rescind the contract if efforts to provide a remedy fail twice. The right to rescind the contract is excluded in the event of insignificant defects. DATRON's liability shall be governed by § 8 below if the Customer claims damages or compensation of futile expenditure.
  6. Except in the case of claims for damages, claims under warranty shall be subject to a limitation period in the event of quality defects of twelve (12) months, unless DATRON fraudulently concealed the defect, gave a guarantee for the characteristics of the Software or has been guilty of intent or gross negligence. If a data carrier is sold, the limitation period shall start upon delivery of the Software, in the event of a sale involving a download from the Internet, it shall start upon notification and activation of the Access Data from the download section. Claims for damages and claims for reimbursement of futile expenditure shall be subject to § 8.

§ 8 Liability

  1. DATRON shall be liable without limitation

    - in the case of intent or gross negligence;
    - for an injury or the death of a person caused through negligence;
    - for defects DATRON has fraudulently concealed;
    - pursuant to the provisions of the Product Liability Act; and
    - under a guarantee given by DATRON.
  2. Damage attributable to a breach of duty based on slight negligence on the part of DATRON or its legal representatives or agents shall be reimbursable by DATRON as damages or compensation of expenditure only if a material contractual duty is affected (i.e. a duty that DATRON is obliged to fulfil and that is key to achieving the object of the contract and/or that DATRON is obliged to fulfil and whose nonadherence may jeopardise that the object of the contract be achieved). Liability for slightly negligent non-fulfilment of a material contractual duty shall be limited to an amount that would be typically foreseeable in such case.
  3. Furthermore, there shall be no liability on the part of DATRON.
  4. The above limitation of liability shall also extend to the personal liability of staff, representatives and organs of DATRON.

§ 9 Protective Measures. Right to Audit

  1. You are under the obligation to take appropriate measures preventing unauthorised access by third parties to the Software and, if appropriate, the Access Data for online access. In particular, Access Data must be kept at a safe place.
  2. Upon request, you will enable DATRON to examine the orderly use of the Software, specifically with a view to your use of the Software in line with the scope of the Licence bought as to extent and quantity. For that purpose, you shall provide DATRON with information, let them inspect relevant documents and enable DATRON, or an auditing company named by DATRON that is reasonably acceptable for you, to examine the hardware and software environment used. DATRON is entitled to perform such audit on your premises during your regular business hours by itself or have it performed by a third party that is sworn to secrecy. DATRON will make sure that its activities there will have the least possible impact on your business operations. Should the audit prove that the use exceeded the scope of the contract, you will have to pay for the audit, otherwise costs shall be borne by DATRON

§ 10 Secrecy

  1. You are under the obligation to keep for yourself any Confidential Information of which you become aware e.g. in the course of activities permitted under Sec. 69(d) German Copyright Act ("UrhG").
  2. This obligation does not extend to Confidential Information

    a) that the recipient can prove to have already known when it agreed to the present EULA or to have subsequently received from a third party without failure to adhere to a confidentiality agreement, statutory provisions or administrative regulations;
    b) that are publicly known when it agreed to the present EULA or has subsequently become publicly known other than through nonadherence to the present Agreement;
    c) that must be disclosed due to a statutory obligation or upon the instructions of a court or government agency. To the extent permitted and possible, the recipient that is under the obligation to disclose information, will notify DATRON upfront and give it the opportunity to oppose the disclosure.
  3. You will disclose the necessary pieces of Confidential Information only to the staff required to remove errors and to oblige such staff to maintain secrecy also beyond their employment relationship to the extent permitted by labour law.
  4. Any negligent infringement of the above provisions will be subject to consequences under civil and penal law.

§ 11 Data Protection

DATRON collects, stores and processes the personal data of the ordering company required to transact the business. DATRON is also entitled to have these data processed and stored by a third party contractor.

§ 12 General Provisions

  1. Each and any legal relationship between DATRON and yourself shall be governed by German law alone. The application of the Vienna Convention (CISG) shall be excluded.
  2. Sole place of jurisdiction for any disputes related to the present EULA between DATRON and yourself shall be Darmstadt, Germany
  3. If a provision of this EULA is or becomes wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision/part of the provision shall be deemed replaced by a legally valid provision that is nearest to the purpose of the invalid provision.
  4. Each and any right not expressly provided for in the present EULA shall be reserved for DATRON.
  5. Your standard business terms shall be inapplicable.
  6. Software may be subject to export or import restrictions. Specifically, there may be authorisation requirements and/or the use of the Software or the related technologies may be subject to restrictions abroad. Applicable export and import control provisions of the Federal Republic of Germany, the European Union and the United States of America as well as any other applicable rules have to be adhered to.
  7. You are not entitled to assign your rights under the present EULA without the express written approval of DATRON. § 4(9) above shall not be affected thereby.
  8. DATRON reserves the right to change the present EULA without prior notice.

Mühltal, Germany, October 1st, 2016