Standard Terms of Business
 

1. Parties to the Agreement
The agreement is concluded as a licence agreement between German Sweets e.V., hereinafter referred to as “licenser”, and the ordering party, hereinafter referred to as “licensee”. German Sweets e.V. is the licensee’s sole and exclusive contractual partner.
 

2. Scope of Application
The licenser shall render all services solely and exclusively on the basis of these Standard Terms of Business.
 

3. Software Product License
The software product is made available under licence and not sold. The licensee is given the right to use Online-EDS as governed by these Standard Terms of Business.
 

4. Liability
German Sweets e.V. shall not be liable for any loss of data, faultiness of data and translations, or damage arising from poor availability of Online-EDS. Claims, particularly compensation claims, including compensation for loss of profit or for consequential damage or loss, shall be excluded unless such damage arises from intent or grossly negligent behaviour on the part of the licenser. The licenser does not guarantee that the use of Online-EDS will be free from interruptions or that its operation shall be free of errors and defects. All performance data and other program descriptions shall not represent warranties or assurances of any features or qualities. Should the use of Online-EDS result in the loss of data on the part of the licensee, the licenser shall not be held liable in this respect.

The licenser does not guarantee that Online-EDS will meet the requirements of the licensee and be available at all times, free from interruptions, in a timely manner, safely, and free of errors and defects. The licenser assumes no warranty for the results achievable through the use of Online-EDS, for the correctness and reliability of the information received within the scope of using Online-EDS, or that the quality of services or information received within the scope of Online-EDS will meet the expectations of the licensee. Nor does the licenser guarantee that the hardware and software used within the scope of Online-EDS shall function free of errors and defects at all times or that any errors and defects in the hardware or software shall be remedied. This shall especially apply in the event that the “system test” is not conducted on the same computer as is subsequently designated for using Online-EDS.
 

5. Restriction of Use
An Online-EDS access point may not be used by several and various companies in as far as these are independent legal entities. This shall also apply in the event of the companies belonging to a group of companies. A licence may be used at various locations within a company in as far as these business locations are not independent legal entities. The licensee is granted the right to use the EDS program by the licenser. The right of use shall accrue on receipt of the payment for use by German Sweets e.V.

The licenser shall be entitled, but not obliged, to update or modify the program, word stems, or translations at its own discretion.

 

6. Description of Further Rights and Limitations
The licensee shall not be entitled to rent out, lease out, or lend Online-EDS, to render services against payment or free of charge using Online-EDS, or leave the use of Online-EDS or the results of using Online-EDS to third parties in some other way.
Notwithstanding other rights, the licenser shall be entitled to cancel this licence agreement with immediate effect should the licensee infringe any of the provisions and conditions of these Standard Terms of Business.
 

7. Copyright
Ownership and copyright of Online-EDS (including the word stem database and translations, pictures, photographs, animations, video sequences, audio sequences, music, text passages, and “applets”, etc. comprised within Online-EDS) and printed accompanying materials are vested in the licenser. The licensee shall only purchase the right to use the program. Ownership and copyright of Online-EDS shall remain vested in the licenser.
 

8. Fees
The licensee shall, by way of subscription, acquire the right to use Online-EDS including all 26 languages and shall, by way of consideration, pay a one-time basic licence fee and, as of the second year of use, a corresponding annual usage fee.
The basic licence amount and the annual usage fees shall be determined on the basis of a price scale set annually by the licenser. The licence agreement shall be automatically extended by a further year unless the licensee submits written notice of termination of the licence agreement to the licenser at least one month prior to the end of the respective annual usage period.
 

9. Links
The licensee or third parties may create links to other Web sites. Since the licenser has no power of control over such Web sites and sources, the licenser shall not be responsible or liable for the availability of such Web sites or sources, shall not assume ownership of the content made available on or via such Web sites or sources, and disclaims any liability or warranty in this respect (with the exception of damage caused by intent or grossly negligent behaviour on the part of the licenser). Thus the licenser shall be neither directly or indirectly liable for damages or loss arising from, or in connection with, the use of such content or from trusting such content, or from goods or services bought via such external sites or sources.
 

10. Payment
All prices stated in the respectively valid price scale are net prices. Payment of the basic licence fee and the annual usage fees is to be rendered in advance. Payment is to be made to the licenser’s account within ten workdays of invoicing.
 

11. Dissemination to Third Parties
The dissemination of data belonging to the licenser, including graphics and texts, to third parties is not permitted without a separate written agreement.
 

12. CAOBISCO and ICA
CAOBISCO and ICA are neither contractual partners of the licenser nor do they assume any responsibility or liability for content, use, or errors and defects of Online-EDS. Such responsibility shall be borne by the licenser alone, subject to these Standard Terms of Business. CAOBISCO and ICA and the licenser assume no obligations and no warranty of any kind for the correctness or proper working order of Online-EDS.
 

13. Concluding Provisions
Any claims arising from agreements concluded on the basis of these Standard Terms of Business will be settled by a competent court of law in Bonn (Germany). This also applies to natural persons and legal entities lacking a general residence or legal venue in the Federal Republic of Germany. Agreements concluded on the basis of these Standard Terms of Business shall be subject to German law. Should a particular provision of these Standard Terms of Business be invalid or become so, this shall not affect the validity of the remaining provisions of these Standard Terms of Business.

The licenser reserves the right to amend or supplement these Standard Terms of Business in the future. The licensee shall be separately notified of any amendments or supplements to these Standard Terms of Business. The amended or supplemented Standard Terms of Business shall not come into effect until the licensee reuses Online-EDS after receiving notification of such changes.