General Terms and Conditions

Terms and conditions & license agreements about the licensing of the Litelog software.

(Below is the software)

between

• customer -

and

IQONEX GmbH

• below called the licensor -

§ 1. Get area

(1) The then listed general terms and conditions apply to all contracts between the licensor and its customers.

(2) The general terms and conditions of the licensor apply exclusively. Counter -confirmations or general terms and conditions of the customer are hereby expressly contradicted. This also applies if the customer acceptance of the offer is taken with the reference to the priority validity of one's own general terms and conditions.

(3) The licensor is entitled to change the general terms and conditions with a period of four weeks in advance. The change will be announced to the customer by email or in writing. The change is considered approved if the customer does not object within a period of four weeks after the announcement of the change by email or in writing that the customer is expressly pointed out to this episode when the change is announced. If components of the general terms and conditions are changed to the disadvantage of the customer, the contract can be terminated within one month of receipt of the change. If the contract is not terminated, the change comes into force.

§ 2 Treaty

(1) Offers from the licensor are non -binding. A contract only comes to the state after registration and/or by providing the service after the test phase

(2) Offers from the licensor are aimed exclusively at entrepreneurs or traders who act in the exercise of their commercial or independent activity. Customer within the meaning of this terms and conditions / license agreement is every natural or legal person or a legal partnership that acts in the exercise of its independent professional or commercial activity when the legal transaction is concluded.

Our offers are not aimed at consumers. Consumers within the meaning of this terms and conditions / license agreement is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity.

(3) The licensor enables the customer to use the software for agreed duration. The software offers various methods to digitally record data on an object.

Within your objects, the customer can install NFC tags on so-called "control points" so that they are then scanned by the mobile devices. The customer can combine several checkpoints for a tour that its employees have to run afterwards.

The customer can document all incidents with photos or in a written note in Litelog. All information from the incident is stored in the evaluation.

The digital reports show the detailed course of your property in litelog.

(4) The registration and payment process and the delivery of activation link are handled in an electronic way.

(5) The present contract does not regulate the adaptation and further development of the software, software maintenance, instruction or implementation of training by the licensor. Such services are only provided on the basis of separately closed agreements.

Section 3 Installation of the software and scope of services

(1) The software consists of a web application and an application for Android devices. Delivery takes place via online data call in German.

(2) The customer receives the software in the machine code. There is no entitlement to the source code.

(3) The installation of the software on the customer's system environment does it itself.

(4) The acquired Android application can only be used on one end device. If the application is to be used on another end device, an additional license fee must be paid.

(5) Presentation in test programs, product and project descriptions, unless explicitly referred to as such, do not constitute a quality guarantee.

(6) The full version of the software is only activated online via the Internet after payment.

(7) The activation applies to the use of the license on an Android device.

(8) Only with successful activation can the Android application on the Android device be used by the customer.

(9) Support services for the software are only provided by email at info@litelog.de.

(10) Software delivered to test purposes is the property of the license provider and is equipped in such a way that it is no longer functional after the agreed test duration. The customer cannot make any claims from this.

§ 4 copyright and usage rights

(1) The software (program and online help) supplied by the licensor is protected by copyright. All rights to the software as well as to other documents provided in the context of the contract initiation and contract implementation are only entitled to the licensor in the ratio of the contractual partners.

(2) The licensor grants the customer a non-exclusive, temporally and spatially unlimited right to use the software in its company for his own purposes and as described in this contract and in online aid.

(3) The customer may create the security copies necessary for safe operation.

(4) The copyright notes contained in the software, trademarks, other legal reservations, serial numbers and other features used for program identification must not be changed or unrecognizable.

(5) The customer may only pass on the software license to a third party if the licensor has previously agreed to this in writing and agreed to continue the contractual conditions.

(6) All other types of exploitation of the software, in particular the translation, processing, the arrangement, other revisions (except the exceptions according to §§ 69d, 69e UrhG) and the other distribution of the software (offline or online) require the written consent of the licensor.

(7) If the contractual use of the software is impaired by property rights without fault of the licensor, the licensor is entitled to refuse the services concerned. The licensor will immediately inform the customer of this and enable him to access his data in a suitable manner. In this case, the customer is not obliged to pay. Other claims or rights of the customer remain unaffected.

(8) The licensor can revoke the rights of use for an important reason. An important reason is particularly available if the customer with a significant part of the remuneration or if the customer does not comply with the terms of use and does not immediately fail for a written warning with a cancellation threat by the licensor. If the usage rights cancel, the customer will issue the original software and existing copies and delete saved programs. At the request of the licensor, he will insure the publication and deletion in writing.

§ 5 obligations of the customer

(1) The customer takes appropriate precautions in the event that the software does not work properly. It will thoroughly test the software for its usability for the purpose he intended before using it operatively. He will also secure his data according to the state of the art. It ensures that the current data from a machine -readable form can be reproducible with reasonable effort.

(2) The customer takes appropriate measures to protect the software from unauthorized access by third parties.

§ 6 appointments, delays

(1) Delivery dates only apply approximately if the licensor has not described it in writing. Delivery dates are subject to correct and timely self -delivery, unless the licensor has to represent the non -delivery by the front supplier.

(2) The occurrence of the licensor's delay is determined according to the legal regulations. In any case, a reminder from the customer is required.

§ 7 remuneration, terms of payment

(1) The licensor leaves the customer to the customer against the license fee mentioned on the website litelog.de.

(2) All amounts are net amounts, plus the legally applicable sales tax.

(3) When the direct debit authorization is granted, the amounts due are debited from the customer's account.

(4) The licensor is entitled to change the payment method at any time if the customer is inadequate.

(5) In the event of returning a supposedly correct direct debit, a processing fee of 15 euros is due.

§ 8 License / License / License Transfer

(1) The individual license of the software is an Android device-bound license. The respective license is therefore only valid for an Android device for which the activation was carried out.

(2) Before using the software, the customer must operate the software online via the activation link. If the customer's computer is not connected to the Internet or access to activation link from the licensor is blocked by setting the customer, activation can also be requested in writing by email.

(3) As part of the license fee, the customer is entitled to transfer the license to another end device. The software provides a corresponding function for this. License transmission is only possible if the customer still has an activated license. Redding after the license has been transferred to another end device is no longer possible.

§ 9 Warranty

(1) The licensor gives the customer the software free of material and legal defects. There are no defects that result from the hardware and software environment provided by the customer, incorrect operation, external defective data, disorders of computer networks or other reasons from the risk area of the customer. As far as there are defects, the customer is entitled to the statutory warranty rights in accordance with the following provisions.

(2) For software that has been changed by the customer, the licensor assumes no warranty, unless the customer shows that the change for the reported deficiency is not the cause.

(3) The licensor provides warranty in the event of material defects by subsequent performance, after his choice by elimination or replacement delivery. The subsequent performance can be done in particular by the fact that the licensor shows possibilities to avoid the effects of the defect.

§ 10 liability

(1) The licensor is liable for damage caused by the lack of properties that it has been made, as well as for damage that it caused intentionally or grossly negligent.

(2) The licensor is not liable for slightly negligent damage. However, in the event of a slightly negligent violation of essential contractual obligations, he is liable for direct damage up to an amount of the double amount of the license fee paid by the customer. In the event of negligence, the licensor is not liable for indirect and consequential damage (in particular lost profit and failure).

(3) The licensor is also not liable for the replacement of data, unless the licensor caused their destruction to be grossly negligent or deliberately.

(4) It is known to the customer that he has to ensure his data regularly as part of his obligation to reduce damage and, in the event of a suspected error on the software, to take all reasonable additional security measures.

§ 11 limitation period

(1) The general limitation period for claims from property and legal defects is 12 months from download.

(2) The legal regulations for real issuance claims of third parties remain unaffected by third parties in the malice of the licensor.

(3) A limitation period of one year from the statutory statute of limitations applies to other claims of the licensee from the contract and from an obligation (§311 paragraph 2 BGB). The claims expire at the latest at the latest at the end of the legal periods (Section 199 (3), Paragraph 4 of the German Civil Code)

§ 12 Intalculation and data protection

(1) The customer expressly agrees to the collection, processing and use of the personal data. The saved personal data is of course treated confidentially by the licensor. The collection, processing and use of the personal data can be found on our website at [** litelog.de/privacy **] (/privacy) in the data protection section.

§ 13 final provisions

(1) All changes and additions to this contract require the effectiveness of the written form. The contractual partners also meet this requirement by sending documents in text form, in particular by fax or email, unless otherwise intended for individual explanations. The written form agreement itself can only be canceled in writing.

(2) If a provision of this contract is or becomes ineffective or if the contract is incomplete, the contract will not be affected. The contractual partners will replace the ineffective provision with such a provision, which comes closest to the meaning and purpose of the ineffective determination in a legally effective manner. The same applies to gaps in contracts.

(3) All legal relationships from this contractual relationship are subject to the law of the Federal Republic of Germany, excluding the UN sales law.

(4) The place of jurisdiction for all disputes is Nuremberg if the customer is a businessman, a legal entity under public law or a special fund under public law or if he is equivalent to one or if he has its seat or his branch abroad.