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End User License Agreement (EULA) by Cordula Ahrens

By using this software product (including installation and copying), you as an individual or legal entity agree to this agreement. If you do not agree to these EULAs, you may not use the software.


1 Validity of the contractual conditions

2 Subject matter of the contract

3 Rights of the customer to the software

4 Contract commitment and termination of contract

5 Obligations of the customer

6 Liability for defects, general liability/compensation for damages

7 Liability

8 Software updates and upgrades

9 Beginning and end of the customer's rights

10 Confidentiality, data protection

11 Applicable law, place of jurisdiction

12 Severability clause


§ 1 Validity of the contractual conditions

(1) This End User License Agreement (EULA) is concluded between you - hereinafter also referred to as the Customer - and Cordula Ahrens - hereinafter also referred to as CA. Unless otherwise agreed, these license terms apply exclusively to the licensing/purchase of software and to pre-contractual obligations. Express reference is made to the provisions of the General Terms and Conditions (GTC) of Cordula Ahrens, which are included in this contract and form an integral part of the contract. The customer confirms that he has taken note of CA's GTC. The provisions of the General Terms and Conditions are extended and/or supplemented by the present license terms of CA with regard to the use of software and other software-specific regulations and the associated rights and obligations. Should CA's General Terms and Conditions deviate from or be incompatible with this agreement, these license terms shall take precedence.

(2) CA licenses/sells the enclosed software to the licensee (customer) solely on the basis of the following license terms. If you do not agree with these terms and conditions, do not install the software, click on the "No" button of the installation process when prompted during installation or uninstall the software.

§ 2 Subject matter of the contract

(1) The object of this contract is the granting of the rights of use in accordance with § 3 depending on the respective license type purchased and its scope of functions. By purchasing the software, you acquire rights to use the software, but not the software itself. This always remains the intellectual property of CA or the respective rights holder. As the purchaser of the software, you only acquire the right to handle the copyrighted work, i.e. to use the software in accordance with the contract. This right of use is granted by CA in the form of a license.

(2) Before concluding the contract, the customer has checked that the specification of the software meets his wishes and requirements. He is aware of the essential functional features and conditions of the software.

(3) Product descriptions and illustrations in test programs are performance descriptions, but not guarantees. A guarantee requires a written declaration by the management of CA.

(4) The customer has no claim to the provision of the source program.

(5) CA shall provide all deliveries and services in accordance with the state of the art.

(6) The CA reserves all rights not expressly mentioned in these EULAs.

(7) Military use of the software is prohibited.


§ 3 Rights of the customer to the software

(1) The software, all additional programs, the symbols used, the CA logo, written documents and documentation are legally protected. The copyright, patent rights, trademark rights and all other performance and industrial property rights to the software as well as to other above-mentioned objects which CA provides or makes accessible to the customer within the framework of the initiation and execution of the contract shall be the exclusive property of CA in the relationship between the contracting parties. Insofar as third parties are entitled to the rights, CA shall have corresponding exploitation rights.

(2) The customer acquires the software in order to use it permanently for his own purposes (simple right of use). CA hereby grants the customer the rights to the programs that are necessary for these purposes of use, including the right to copy the programs to RAM and hard disks and the right to correct errors. The customer may make the backup copies of the programs required for secure operation. The backup copies must be marked as backup copies. Copyright notices may not be deleted, changed or suppressed. With the exception of the purchase of a network license, the customer may only use the software on a single computer per license, regardless of whether it is a workstation, laptop or PDA. Use of the software also includes loading the software into the temporary memory of a computer or similar or installing it on a permanent storage medium (e.g. hard disk, DVD, CD-ROM or similar). However, the parties may agree otherwise in a written individual contract.

(3) A user manual and any other documents provided by the CA may only be copied for internal and personal purposes.

(4) Contractual objects, documents, proposals, test programs, etc. of CA which become accessible to the customer before or after conclusion of the contract shall be deemed intellectual property and business and trade secrets of CA and shall be kept secret in accordance with § 9.

§ 4 Contract commitment and termination of contract

In the event of termination due to a breach of these EULAs, you are obliged to return, delete or destroy all original versions and copies of the software and all other components and to notify CA in writing of the destruction.

§ 5 Obligations of the customer

(1) If you are an entrepreneur, you are obliged to inspect all delivery items of CA immediately upon delivery in accordance with the provisions of commercial law (§ 377 HGB) and to report any defects detected in writing with a precise description of the defect. Each customer shall thoroughly test each module for usability in the specific situation before commencing operational use. This also applies to programs that the customer receives as part of subsequent performance and a possible maintenance contract.

(2) The customer shall take appropriate precautions in the event that the program does not work properly in whole or in part (e.g. through data backup, fault diagnosis, regular checking of results). It is the customer's responsibility to ensure the operation of the program's working environment. In particular, the customer must make the necessary settings to its firewall, virus protection or similar data protection mechanisms and its network or server. The risk of incompatibility of the software with the software or hardware used by the customer shall not be borne by CA.

(3) The logo, documents and/or trademarks of CA may not be used or modified by you unless the management of CA or Grigori Grabovoi has given prior written consent to such use or modification.

(4) Subject to § 69 e UrhG, you are not entitled to reverse engineer, decompile or disassemble the software.

(5) You agree to indemnify and defend CA against all third party claims, including reasonable attorneys' fees, arising out of or resulting from the use of this software in violation of this agreement.

§ 6 Liability for defects, general liability/compensation for damages

(1) The software has the agreed quality, is suitable for the contractually stipulated, otherwise normal use and has the quality customary for software of this type. Not every defect that is inevitably inherent in the software constitutes a material defect. A functional impairment of the software resulting from hardware defects, environmental conditions, incorrect operation or similar is not a defect. An insignificant reduction in quality shall not be taken into account. CA warrants that the contractual use of the software by the customer does not conflict with any third-party rights.

(2) For customers who are consumers within the meaning of § 13 BGB, the statutory provisions shall apply in the event of defects in the purchased item. Insofar as the customer is entitled to compensation, § 7 shall apply.

(3) In all other cases, the following shall apply in the event of defects:

(a) In the event of defects, CA may first provide subsequent performance. Subsequent performance shall be effected at CA's discretion by remedying the defect, i.e. also by pointing out possibilities which avoid the effects of the defect, or by delivering a program which does not have the defect. An equivalent new program version or the equivalent previous program version that did not contain the defect shall be accepted by the customer if this is reasonable for him. In the event of defects of title, CA shall provide a warranty by providing the customer, at its discretion, with a legally flawless opportunity to use the software or equivalent software.

(b) The customer shall support CA in the error analysis and rectification of defects by specifically describing any problems that occur, informing CA comprehensively and granting CA the time and opportunity required to rectify the defect. CA may, at its discretion, remedy the defect on site or at its business premises. CA may also provide services by remote maintenance. The customer must ensure the necessary technical requirements at his own expense and grant CA access to his IT system after prior notification.

(c) The CA may demand additional costs due to the fact that the software has been modified, used outside the specified environment or operated incorrectly. It may demand reimbursement of expenses if no defect is found or an error is reported insufficiently/incorrectly. The burden of proof lies with the customer. § Section 254 BGB applies accordingly.

(d) If CA finally refuses subsequent performance or if this finally fails or is unreasonable for the customer, the customer may withdraw from the contract in writing or reduce the remuneration appropriately and demand compensation for damages or reimbursement of expenses in accordance with § 7.

(e) Unless otherwise regulated above, any further liability of CA within the scope of liability for defects is excluded. In particular, liability for defects shall lapse if and insofar as the software is handled improperly by the customer or is used in a defective or incompatible hardware or software environment. The same applies in the event that the customer makes unauthorized changes to the software.

(f) The limitation period for claims for defects is one year from the start of the statutory limitation period.

§ 7 Liability

The following limitations of liability apply to the customer's claims for damages arising from liability for defects or for other reasons:

(1) CA shall be liable for intent and gross negligence in accordance with the statutory provisions. The same applies to injury to life, limb or health, as well as to claims arising from guarantees or the Product Liability Act (ProdHaftG).

(2) Otherwise, CA shall only be liable for the culpable breach of contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (cardinal obligation). This includes in particular the obligation to provide a defect-free service. In this case, CA's liability shall be limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract.

(3) Otherwise, the liability of CA is excluded.

(4) Insofar as CA's liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of its employees, workers, staff, representatives and vicarious agents.

(5) CA reserves the right to object to contributory negligence. In particular, the customer is advised that, as part of his duty of care, he must check before using the software for the first time whether the installation of the software could lead to particular interference with already installed software and must also ensure that his data is backed up before the first installation and during operation and, in the event of a suspected software error, must take all reasonable additional backup measures.

(6) The limitation period for claims by customers who are not consumers is one year from the start of the statutory limitation period.

(7) Paragraphs 1 and 6 shall also apply mutatis mutandis to manufacturers of software components.

§ 8 Software updates and upgrades

CA may, at its sole discretion, provide the Customer with updates and upgrades to the Software and retains the right to provide upgrades for a fee. From the time of installation of the update, the Customer may not independently use the previous version, detach it and/or transfer it to another party. Unless other terms and conditions are received from CA with an update or upgrade, the terms and conditions of this License Agreement will continue to apply. The End User may decline to accept updates. However, once an update or upgrade is released, CA is no longer obligated to support the previous version.

§ 9 Beginning and end of the customer's rights

(1) Ownership of the delivered goods and the rights pursuant to § 2 and § 3 shall not pass to the customer until the purchase price has been paid in full. Prior to this, the customer only has a provisional right of use, which is only subject to the law of obligations and can be revoked in accordance with paragraph 2.

(2) CA may revoke the rights under § 2 and § 3 for good cause or withdraw from the contract. Good cause shall be deemed to exist in particular if the customer fails to pay the remuneration due or, despite a written warning, continues to breach the obligations defined in § 2 and § 3 of this contract in a not insignificant manner or if an application is made to open insolvency proceedings against the customer's assets.

(3) If the right of use pursuant to § 3 in conjunction with § 2 does not arise or ends, CA may demand that the customer return the items provided or provide written assurance that they have been destroyed, as well as the deletion or destruction of all copies and written assurance that this has been done.

§ 10 Confidentiality, data protection

(1) The contracting parties undertake to treat as confidential all items (e.g. software, documents, information) which they receive or become aware of from the other contracting party before or during the execution of the contract and which are legally protected or contain business or trade secrets or are designated as confidential, even beyond the end of the contract, unless they are publicly known without breach of the confidentiality obligation. The contracting parties shall store and secure these items in such a way that unauthorized access by third parties is excluded.

(2) The customer shall only make the contractual objects accessible to employees and other third parties who require access to perform the service tasks granted to them. He shall instruct these persons about the confidentiality of the objects.

(3) Further information on data protection is set out in the following document and also applies: https://cordula.coach/Datenschutz

§ 11 Applicable law, place of jurisdiction

This contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and international law (in particular the German conflict of laws).

If the customer is not a consumer within the meaning of Section 13 BGB, the place of jurisdiction for all disputes arising from this contract, including its annexes, shall be Mainz. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.

§ Section 12 Severability clause

In the event that a provision of this contract is or becomes invalid, this shall not affect the validity of the remaining provisions of this contract, even if essential provisions are affected. In this case, the parties agree to replace the invalid provision with a legally valid provision that comes closest to the contractually agreed provision in legal and economic terms and ensures the feasibility of the contract in the sense intended by both parties. The same applies in the event that the parties did not recognize a loophole at the time this contract was concluded or if such a loophole becomes known or occurs at a later date. The parties are then obliged to make a written amendment to the contract in the aforementioned sense.

Status: 01.05.2020[/text_block][/op_liveeditor_element]