License agreement
End User License Agreement
Introduction
The subsequent conditions are applicable to the contractual agreement between f3publishing GmbH, located at Hessenring 109, 61348 Bad Homburg vor der Höhe, Germany (hereafter referred to as "f3publishing"), and the individual or organization purchasing the software (hereafter referred to as the "Buyer"), for the initial license under clause 1(1) for the f3publishing software, regardless of whether the Buyer is a natural or legal person. However, the software offer is exclusively intended for legal entities under public law, special legal funds under public law, or entrepreneurs.
These terms will take effect as soon as the Buyer receives the initial software license key from f3publishing or another authorized third party. By downloading, installing, or using the software, the Buyer acknowledges that they are bound by the following provisions.
The software is safeguarded by German copyright law (§§ 69a ff. UrhG), and the copyright in respect to the purchased software is subject to this contract.
Unless f3publishing expressly consents to their validity in writing, any contradictory, deviating, or supplementary provisions suggested by the Buyer will not be considered part of the contract.
(A) Properties and Rights
1. Objective
1.1 This agreement pertains to the usage rights of the f3publishing Atlassian applications and the maintenance services that f3publishing provides for the f3publishing Atlassian applications (hereinafter referred to as "software") obtained by the Buyer. A summary of the current software provided by f3publishing is available at the f3publishing GmbH Vendor Account.
1.2 Other services, such as software installation, guidance, training, customization, or any other service, are not included in this agreement. If f3publishing does provide such services, they must be agreed upon separately in writing.
2. Permission for Usage, Multiple Usage, and Networked Usage
2.1 The software may be used by the buyer on any hardware available to them. In the event that the buyer replaces their hardware, they must remove the software from its previous installation on the old hardware.
2.2 The distribution of the software to more users than the number agreed upon in the contract is strictly prohibited. In the case that the number of users exceeds the contractually agreed number, the buyer must purchase a higher user-number package. The buyer must pay the difference between the initial purchase of users and the price of the higher user-number package, which is valid at the time of the initial purchase.
2.3 It is not permitted to install, store, or use the software simultaneously on more than one piece of hardware.
3. Authorized Reproduction and Restrictions on Access
3.1 The buyer is allowed to duplicate the software only where it is necessary to use the software according to the terms of the contract. Necessary duplication includes the development and testing of systems within the same IP ranges or network. The buyer may generate any number of developer keys or developer licenses as long as the number of users does not exceed the purchased number of users. Necessary duplicates also include the installation of the software after downloading it to a storage medium, as well as loading it into main memory thereafter.
3.2 The buyer agrees to take appropriate measures to prevent any unauthorized access to the software by third parties. The buyer must keep the license key in a secure location to prevent unauthorized access by third parties. The buyer's employees are required to comply with the terms of the contract and copyright law (duty of care).
4. Program Recompilation and Modifications
4.1 The recompilation of the software code into other code formats, as well as any other form of reverse engineering of the different production stages of the software, including program modification, is permitted only for private use. Private use, as defined by this regulation, limits the use of the software for professional or commercial purposes to the buyer or their employees and prohibits its commercial exploitation in any way.
4.2 The removal of copy protection or any other protective measures is only allowed if it has affected or prevented the undisturbed usage of the software. This removal is particularly necessary where the purchased number of users is impaired or hindered. The buyer bears the burden of proof regarding any impairment or hindrance to the undisturbed usage of the software caused by any protective measures.
4.3 Copyright notices and other features used for software identification must not be removed or altered.
5. Intellectual Property Ownership
f3publishing shall retain ownership of all marketing materials, software or electronic media, methodologies, strategies, research, and designs provided under this Agreement. f3publishing also reserves the right to utilize any programming tools, skills, content, methodologies, strategies, and techniques employed in fulfilling its obligations under this Agreement in any manner it deems fit. However, any data content generated using the software shall remain the property of the content's author.
6. Transfer of Ownership and Prohibited Sub-Licensing
6.1 The Buyer is permitted to sell the software and accompanying materials to third parties permanently, provided that the acquiring third party agrees to the present terms of the contract.
6.2 Upon transfer, the previous Buyer's right to use the software expires.
6.3 The previous Buyer must provide f3publishing with the name and full address of the new buyer in writing.
6.4 The Buyer is prohibited from renting, leasing, sublicensing or assigning the software, any duplicates and other objects and resources provided under the contract to third parties.
6.5 The Buyer may not transfer the software or license key to third parties if there is a reasonable suspicion that the third party will violate the terms of the contract, in particular, unauthorized copying and manipulative changes to the software. This applies to the Buyer's employees as well.
(B) Maintenance and Support
7. Support Channels
7.1 Support channels provided by f3publishing are limited to:
Public Documentation: https://f3publishing.atlassian.net/l/cp/A1PWoDhm
Public Helpdesk: https://f3publishing.atlassian.net/servicedesk/customer/portal/4
Support E-Mail: pluginsupport@f3publishing.de
Included Support Services: Specified in Paragraph (B), clause 10
8. Maintenance Services during the Initial License Period
8.1 During the initial license period of 12 months, f3publishing provides the following maintenance services free of charge to the Buyer for the software as part of the software maintenance contract:
Offer new software updates (updates) for the software that are released
Provide technical support for troubleshooting and error resolution (hereinafter referred to as "Support" or "Support Services") for the software during the support hours stated in Paragraph (C) clause 11 (3) through the support channels listed in Paragraph (B) clause 7
8.2 After acquiring the initial license for the software, the Buyer is entitled to request software maintenance services from f3publishing for a period of 12 months for that software. The support channels listed in Paragraph (B) clause 7 must be used during this maintenance period.
8.3 Upon expiration of the 12-month maintenance period mentioned in Paragraph (A) clause 2, software maintenance may be extended in accordance with Paragraph (B) clause 9.
9. Renewing Software Maintenance
The process of renewing the provision of support services for f3publishing apps is available to the Buyer at any time. This can be done by purchasing a software maintenance renewal that is subject to the same terms and conditions as the initial maintenance period. The duration of the renewed maintenance period is 12 months, starting from the first day after the previous maintenance period ends and concluding on the last day of the 12-month renewal period, regardless of when the renewal was purchased.
10. Included Support Services
10.1 The support services offered by f3publishing include:
Error Analysis and root cause identification
Investigating software problems with customer assistance if necessary
f3publishing is not obligated to provide any other services, such as:
installation assistance
customization
programming
consulting
training
unless they are agreed upon in writing and paid for separately.
10.2 f3publishing is responsible for resolving reproducible errors in the software according to applicable industry standards, but it does not guarantee success regarding the error resolution. Every problem that significantly affects the software's data stability, functionality, or usability is to be classified as “error”. If a problem cannot be reproduced, the parties try to agree on a course of action
10.3 f3publishing is not obligated to perform support services for:
Errors resulting from unauthorized modifications or alterations to the software
Errors caused by the use of outdated software versions or faulty error solutions
Errors in software versions released more than 12 months before the report of the error
Errors resulting from unauthorized use or incorrect operation of the software
Errors occuring from End-of-life software
Errors occuring from release candidates
Errors occuring from development releases
Errors occuring from beta versions
Errors occuring from Hardware defects
Use of the software on hardware and operating system environments not specified in the Atlassian documentation for supported environments
Alterations made to the software by the Buyer in breach of the contract
Alterations to the software made by non f3publishing technicians without prior written consent
Disruptions caused by force majeure or similar circumstances
10.4 The Buyer must ensure a data backup solution to ensure data recovery in an adequate form suited to the Buyer technical standards.
(C) Availabilities, Classifications Levels and Response Times
11. Requirements for Error Reporting, Cooperation, and Support Availability
11.1 The Buyer has an obligation to immediately report any errors that arise while using the software, with a detailed description of the issue, through the support channels provided in Paragraph (B) clause 7.
11.2 To ensure the successful execution of the support services, the Buyer is required to fully and punctually cooperate with f3publishing. The obligation to cooperate includes the following:
Compliance with all applicable laws and regulations, including the prohibition of transferring data or content that violates any legal provisions or infringes third-party property rights, copyrights or other rights;
Providing all relevant documentation, log files, and other information without delay when reporting an error;
Only transmitting data free from computer viruses or other harmful code;
Not using any software, technologies, or procedures that could adversely affect the operation, security, or availability of the software.
11.3 f3publishing is available to receive error reports during support hours on workdays from 09:00 to 17:00 (CET/CEST), which include Monday to Friday except for public holidays in the state of Hessen, Germany, and 24 December and 31 December.
11.4 Processing of support cases, including response and resolution times specified in Paragraph (C) clauses 13 and 14, will be carried out during the support hours outlined in Paragraph (C) clause 11 (3).
12. Error Classification Levels
12.1 When error reports are received, support cases will be processed within the response and resolution times specified in Paragraph (C) clauses 13 and 14. The response and resolution times are dependent on the classification level of the error, and the following error classification levels apply:
Priority 1: Critical error. The software cannot be used or is significantly limited, and no functional workaround can be found.
Priority 2: Other disturbances. Any other problems with the software.
12.2 f3publishing is committed to resolving all support cases promptly. Priority 1 errors will always be given priority over priority 2 errors, regardless of when they were reported in the support system.
13. Response Time
13.1 Upon receiving a report of an error within the agreed support hours, the response time is the duration between the receipt of the support request and the first action taken by f3publishing. If a report is received outside of the agreed support hours, the response time begins at the start of the next support period.
13.2 f3publishing aims to provide the following response times depending on the error level:
Priority 1 & 2: 1 Business Days
13.3 The stated response times are f3publishing's goal, and while they will strive to meet these times, they do not guarantee compliance. Non-compliance with the response times does not give the Buyer the right to reduce the price, claim reimbursement, terminate, or seek compensation.
13.4 For international customers, although the guaranteed service hours are based on European time, f3publishing offers support internationally with fast response rates.
14. Resolution Time
14.1 The resolution time refers to the maximum duration until an error is resolved or a workaround is implemented, starting from the beginning of work on a support case.
14.2 Depending on the error classification levels, f3publishing aims to achieve the following resolution times:
Priority 1: 2 Business Days
Priority 2: 5 Business Days
14.3 Clause 13 (3) applies accordingly, meaning that f3publishing does not guarantee compliance with the stated resolution times and any non-compliance does not entitle the Buyer to
reduce the price
claim for reimbursement
terminate the contract
or seek any other form of compensation.
(D) Limitation, Termination and General Agreement Clauses
15. Limitation of liability
f3publishing's liability for damages arising from this contract, for any legal or factual reasons, is subject to the following provisions:
f3publishing shall be liable without limitation in the case of willful intent, gross negligence, or claims under the German Product Liability Act.
In cases where f3publishing has culpably breached a material contractual obligation, liability per calendar year shall be limited to foreseeable damages at the time of contract conclusion, up to a total amount for all damages per calendar year that corresponds to 100% of the purchase price paid by the Buyer in that calendar year, provided that the Buyer can demonstrate the damage. A material contractual obligation is one that is crucial to the proper performance of the contract and upon which the Buyer relied and could reasonably expect to be fulfilled. This limitation of liability also applies to data loss and data corruption.
Liability for negligent breach of non-material contractual obligations is excluded.
Furthermore, f3publishing agrees to indemnify and hold the Buyer harmless from any claims, suits, or proceedings based on a claim that the f3publishing software infringes any third party's intellectual property rights, including trademarks, copyrights, and patents. The maximum amount of damages for which f3publishing is liable in such cases is subject to the same limitation as described in the previous paragraph.
16. Termination
f3publishing reserves the right to terminate the Maintenance Services (as per Paragraph (B) clause 7 et. seq.) without notice, in the event of the following:
Unauthorized sharing of access data for software use with third parties, without f3publishing's prior consent.
The Buyer's breach of contractual obligations, and if after an appropriate grace period and warning, the infringement is not rectified or appropriate measures are not taken to prevent the breach from happening again in the future.
17. Agreement in Writing
All the terms and conditions agreed upon by the parties are contained within this contract.
18. Jurisdiction and Governing Law
The law of Germany shall govern this contract and any disputes arising out of or relating to it shall be resolved exclusively in Bad Homburg vor der Höhe (Germany).
19. Severability clause
In the event that any provision of this contract is found to be invalid or unenforceable, the remaining provisions of this contract shall remain in full force and effect. The parties shall work to replace the invalid or unenforceable provision with a valid and enforceable provision that is consistent with the intent of the parties at the time of entering into this contract.