End User License Agreement (EULA)
for the 'RebusFarm 3.0 Software'
This Agreement is a legal agreement between you (either an individual or an entity) and
RebusFarm GmbH, Breidenbachstrasse 46, 51373 Leverkusen, Germany,
By clicking on the 'Accept' button, installing, copying or otherwise using RebusFarm 3.0 Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, click on the 'Cancel' button and/or do not install RebusFarm 3.0 Software.
Section 1 Grant of Rights
(1) For the duration of this Agreement RebusFarm GmbH grants you the non-exclusive, non-transferable right to use, copy, revise, and decompile RebusFarm 3.0 Software and its manual and other accompanying printed material and online or electronic documentation (Licensed Product) without limitation in manner or place subject to the terms of this Agreement.
(2) The right to use the Licensed Product is limited to enable rendering services provided by RebusFarm GmbH.
(3) The right to copy the Licensed Product is limited to the installation of the software on one or more computer systems in your immediate possession and to fulfil the purpose of use and a copy thereof which is required for the loading, display, running, transfer or storage of the Licensed Product as well as to the right for an authorised person to make a copy for security backup purposes, as stated in section 69 d, paragraph 2 UrhG [Urheberrechtsgesetz; German Copyright Act].
(4) The right to revise the Licensed Product is limited to the maintenance or reinstatement of the agreed functionality of the Licensed Product.
(5) The right to decompile the Licensed Product is only granted under the terms of section 69 d, paragraph 1 nos. 1 to 3 UrhG and within the limits of section 69 e, paragraph 2 nos. 1 to 3 UrhG.
(6) You undertake to allow RebusFarm GmbH or an agent of RebusFarm GmbH to audit whether your use of the Licensed Product is consistent with the rights granted to you herein upon request by RebusFarm GmbH and provided there is a legitimate interest therein, and to give full cooperation to RebusFarm GmbH or its agent carrying out such audit.
Section 2 No license fee, no warranty
The Licensed Product is provided to you free of charge. RebusFarm GmbH provides no warranty to you with regard to the Licensed Product. RebusFarm GmbH does not provide product support for the Licensed Product.
Section 3 Functionality
(1) You are responsible for providing a functional hardware and software environment in accordance with the system requirements for the Licensed Product.
(2) The Licensed Product shall be installed by you.
Section 4 Termination
(1) This Agreement shall be concluded for an indefinite period of time and may be terminated by each party with a cancellation period of one month to the end of a month.
(2) Termination of this Agreement means that the rights granted shall end immediately. You must delete the Software as well as all backup copies from your computer. RebusFarm GmbH may require you to provide written confirmation of the deletion.
Section 5 Registration data
(1) The use of the Licensed Product requires an internet connection and registration via the website of RebusFarm GmbH. During the registration process, the data which is visible in the entry mask will be collected, stored, and used for the purposes of establishing, executing, or terminating a contract concerning the provision of rendering services as well as the review of the use of the Licensed Product in accordance with the contract. The access data provided during the registration process shall be entered after installation of the Licensed Product. This data will be stored, transmitted to RebusFarm GmbH via an internet connection, and reviewed by RebusFarm GmbH for its compliance with the access data provided during the registration process.
(2) Upon your request, RebusFarm GmbH will give you information about the stored personal data, its origin, and recipient as well as the purpose of its storage, free of charge. Furthermore, you may request the correction of inaccurate data, the blocking, and deletion of your personal data, to the extent that there is no legal obligation to retain such data.
Section 6 Final Provisions
(1) This Agreement shall be governed by the laws of the Federal Republic of Germany except for the UN Sales Convention.
(2) The courts for RebusFarm GmbH’s registered office shall have exclusive jurisdiction over all disputes under and in connection with this Agreement, provided that you are a merchant within the meaning of the HGB [Handelsgesetzbuch; German Commercial Code] or if, upon the commencement of legal proceedings, you have no place of business or ordinary residence in the Federal Republic of Germany.
(3) Should any provision of this Agreement be or become invalid, this shall not affect the validity of the remaining provisions. In such an event, the parties shall be obliged to cooperate in the creation of terms which achieve such legally valid result as comes commercially closest to that of the invalid provision. The above shall apply accordingly to the closing of any gaps in the Agreement.