End User License Agreement

Software terms of use of ARiiVA GmbH

(End User License Agreement - "EULA")
Last updated: July 21, 2021

1. Preamble
1.1. This document contains the software terms of use (also: "regulations") between ARiiVA and software users, that is, natural or legal persons who have acquired a software license directly from ARiiVA or from a reseller (distributor) authorized by ARiiVA, or who have acquired it temporarily free of charge for test purposes have been made available, e.g. for piloting, proof of concepts and loan positions. The conditions for users who obtain ARiiVA apps from third-party download portals (app stores) also apply.
1.2. The software terms of use apply to all ARiiVA software products and software services. Any deviating product-specific provisions can be viewed in the applicable documents on the download page of the respective software product.
1.3. By downloading, installing and using ARiiVA software, users undertake to comply with all provisions of these software terms of use. This is a prerequisite for the right to use ARiiVA software under these conditions.
1.4. Users who do not agree to the terms in this document may not download, install, copy or use ARiiVA software. The installation, copying or use of ARiiVA software by users is understood by ARiiVA as implicit consent.
1.5. In addition to the present software terms of use, ARiiVA refers to the general terms and conditions as an applicable document in the latest version. Current terms and conditions are available at www.ariiva.com at any time. These contain important provisions regarding the conclusion of contracts with ARiiVA.

2. User license, license termination
2.1. By installing, copying or using ARiiVA software, ARiiVA grants users a non-exclusive, royalty free, revocable, non-transferable and limited license to use the ARiiVA software on user devices.
2.2. Users must delete ARiiVA software immediately from all end devices as soon as they violate one or more provisions of the terms of use and other applicable documents or inform ARiiVA that they no longer agree to the contents of the user agreement or the terms and conditions.
2.3. With the exception of the usage rights expressly granted in point 2.1, users have no further rights to the software.

3. Ownership, Copyright
3.1. All trademark rights, intellectual property and patents remain with ARiiVA. Apart from the rights granted in point 2, ARiiVA does not grant users any other rights in the context of patents, copyrights, trademarks or information protected by trade secrets.
3.2. Reselling and sublicensing are generally prohibited to users.
3.3. Users are prohibited from making changes in or on ARiiVA software products.
5.6 The contracting party undertakes not to override any protective mechanisms with the aim of copying (reverse engineering) or otherwise using ARiiVA Software or parts thereof. Also prohibited is the derivation of other works based on ARiiVA Software as well as a de-compilation or reduction of software components to a human readable form.

4. Special provisions for purchase licenses
4.1. Distributors and sales agents authorized by ARiiVA are explicitly called upon to inform users of the software terms of use before purchasing an ARiiVA software license. If this is demonstrably not done and the user does not agree to these provisions, the user has the right to return the purchased license to the respective distributor or agent for a refund of the entire purchase price.

5. User Obligations
5.1. The use of the ARiiVA software does not oblige users to provide feedback on the software to ARiiVA. ARiiVA may, however, receive any user feedback on ARiiVA software that ARiiVA receives in the form of comments, messages and any other conceivable communication channel (e.g. forum entries, service and support calls, etc.), without restriction, unlimited in time and space and free of charge for improvement and Use further development of ARiiVA software. Users cannot derive any claims, either implicitly or explicitly, from the use of user feedback by ARiiVA. ARiiVA is entitled to directly or indirectly use user feedback, reproduce, license (and sub-license), sell or exploit it commercially.
5.2. Users may not provide any feedback to ARiiVA about ARiiVA software, which, to their knowledge, is subject to third-party intellectual property rights or other license terms.
5.3. Users agree to prevent unauthorized copying of ARiiVA software.
5.4 Users agree not to modify ARiiVA Dataspots without ARiiVA's consent.
5.5. Users may not assign this user agreement to third parties unless ARiiVA has given written consent for this.
5.6. In principle, ARiiVA does not enter into any kind of commercial partnership with users. Any type of commercial cooperation (e.g. as a distributor or commercial agent on behalf of ARiiVA) requires a separate written contract with ARiiVA.
5.7. If no own password is assigned at the time of registration or download, the contracting party will receive the access data to the software product or SaaS service from ARiiVA or a reseller authorized by ARiiVA. All user names and passwords shall be changed by the contracting party to its own secure passwords.
5.8. If the respective ARiiVA software product has a send function for e-mails, the user is obliged to always indicate his correct identity and to comply with the legal provisions of the EU General Data Protection Regulation in the case of commercial communication (especially with regard to advertising e-mails).
5.9. For security reasons, users are encouraged to always update downloadable ARiiVA software (apps) via the respective download portal (app store) and to use the current version.
5.10. If the user violates the obligations according to this user agreement, the user will release ARiiVA from claims by third parties based on the improper use of the software by him or his employees.

6. Data Protection
6.1. ARiiVA collects and stores personal data from users only to the extent required by legal and business obligations (legitimate interest) and insofar as this is necessary to provide or fulfill contractually guaranteed services.
6.2. If the contracting party processes or stores personal data of third parties in ARiiVA Software products, the contracting party confirms that it has acquired such data in accordance with the EU Data Protection Regulation as well as the Austrian Data Protection Act and that it is authorized to store such data in ARiiVA Software.

7. Limitation of liability
7.1. ARiiVA excludes any warranty and liability, unless otherwise provided for in mandatory consumer protection provisions or unless otherwise agreed in written individual contracts.
7.2. ARiiVA always develops its products and services on the cutting edge of technology. This applies in particular to security-relevant aspects with regard to encryption technologies and data storage in server landscapes that are generally recognized as secure (this applies in particular to Microsoft cloud services).
7.3. Users acknowledge that, particularly in the area of ​​software development, a completely error-free product version cannot be achieved.
7.4. ARiiVA does not guarantee uninterrupted service uptime. In the case of product updates, users are informed in advance of any downtimes in an appropriate lead time.
7.5. During planned unavailability of ARiiVA software services (SaaS) there is no legal claim on the part of the user to compensation for failure or damages.
7.6. Users acknowledge that connection problems during data synchronization can lead to data loss, but that this is not causally related to ARiiVA or a software product offered by ARiiVA. The same applies to operating problems in handling ARiiVA products or system incompatibilities with user computer systems.
7.7. In any case, ARiiVA's total liability in cases of gross negligence is limited to the net order value (net sales per product license). The existence of gross negligence on the part of ARiiVA must be proven by the user.
7.8. Likewise, there is no negligence on the part of ARiiVA in connection with damage that was not caused directly by ARiiVA's services and products, but rather through failures or defective software parts (code parts) in third-party products on which ARiiVA products and services are based.
7.9. ARiiVA is liable for slight negligence and compensation for consequential damage, pure pecuniary damage, indirect damage, loss of production, financing costs, costs for replacement energy, loss of energy, data or information, lost profit, unrealized savings, loss of interest and damage claims by third parties against the user are excluded.
7.10. Any claims for damages are to be asserted in court by the user in the event of any other loss of claims within 7 years of delivery, unless the applicable statutory period ends earlier or longer periods are mandatory. This liability clause is also effective for all employees, subcontractors and subcontractors of the user and relates to the liability on the part of ARiiVA for every legal reason.
7.11. ARiiVA assumes no liability for late deliveries and services that arise from circumstances beyond the control of ARiiVA. This includes events that arise due to force majeure but also, for example, delivery delays by suppliers and / or subcontractors.

8. Other Legal Provisions
8.1. Unless there are other mandatory legal provisions to the contrary, Austrian law is exclusively applicable. The application of UN sales law is expressly excluded.
8.2. For services, the place of performance is generally the headquarters of ARiiVA, unless other provisions have been agreed in writing with ARiiVA.
8.3. For SAAS products and software services, the place of performance is the first connection point to the Internet in the respective data center where the ARiiVA product or service is hosted.
8.4. This user agreement is subject to Austrian law.
8.5. By using ARiiVA software, users acknowledge that violating the user agreement can result in damage through use of the software outside of its intended use. ARiiVA is accordingly entitled at any time to assert injunctive relief and compensation.
8.6. In the event of a dispute, users undertake to make every effort to reach an out-of-court settlement. If this is not possible, the place of jurisdiction is the competent court at the headquarters of ARiiVA (Regional Court Steyr).
8.7. If a provision in this user agreement is found to be ineffective or unenforceable by a competent court, only this provision is deemed to be ineffective. The rest of the usage agreement remains in force without restriction.
8.8. Changes or deviations from the terms of use must be made in writing. This also applies to the lifting of the writing requirement.
8.9. This user agreement replaces all older user agreements (date of the last change).

9. Confidentiality
9.1. The user undertakes to keep any application data (code) secret, should he accidentally gain access to such information, for example through software defects ("bugs").

10. Severability Clause
10.1. Should a provision in this user agreement be or become invalid, the validity of the other provisions remains unaffected. The contractual partners will replace the invalid provision with a valid provision that comes closest to the provision to be replaced economically and legally.