1. Conclusion of the agreement
This User Licence Agreement contains an offer from deister for using software in accordance with the utilisation conditions contained in this User Licence Agreement, which you accept in your own name, or in the name of your company by clicking the box “I agree”. If you do not agree with the provisions of this Agreement, please click “Cancel” or “Close window”. A legally binding contract between deister and yourself is hereby concluded if you are a consumer, or between deister and your business enterprise if you are an entrepreneur.
2. Scope
2.1 This User Licence Agreement applies to all products, including all apps and software for which deister grants licences to partner companies or final customers (in each case a “deister product”), in particular but not exclusively for using “deisterAcademy”, “deisterPortal”, “deisterDashboard”, “deisterHelpdesk” and the Commander software family; in each case, however, only for those deister products which have been registered through this User Licence Agreement.
2.2 By concluding this User Licence Agreement, deister grants you a non-exclusive licence for using software and the related documentation. Such a licence is only granted for deister’s respective products and/or the respective software for which this User Licence Agreement was concluded and not generally for all deister products cited in these utilisation conditions.
2.3 This User Licence Agreement also applies to all updates and upgrades belonging to the respective deister product, insofar as deister makes them available to you. The respective deister product and the related software, app and all documentation as well as updates and upgrades are hereinafter designated as “software”. A licence file is also an integral part of the provided software.
3. Granting of licence
3.1 The software is protected on behalf of deister through copyright laws and possibly other laws, and through appropriate ancillary copyright contracts and sui generis copyrights. These rights remain unaffected by this contract. The software is licensed by this User Licence Agreement, but not sold. You do not receive any ownership to the software and only acquire rights to the software insofar as this is explicitly regulated in this User Licence Agreement. deister explicitly retains ownership, all claims and all rights to the software, including all possible copyrights, company and business secrets, brands, patents and other intellectual property rights to the software.
3.2 deister grants you the right to install and use copies of the software on a device that has a properly licensed copy of the operating system for which the software was developed. For this purpose, deister grants you the simple, non-exclusive utilisation right to the software for using the software pursuant to this User Licence Agreement in accordance with its respective functions, subject to any possible restrictions which are contained in the “General Terms and Conditions of deister electronic GmbH” (hereinafter called “GTC”). In the case of contradictions between provisions of this User Licence Agreement and those in the contract “deister Careplan”, the provisions of the latter contract shall apply. With regard to deister’s GTC, the provisions of this User Licence Agreement shall have priority. However, the rights of deister arising from the GTC, or other e.g. individual agreements, are neither excluded nor limited by this user license agreement. You will find a link to the General Terms and Conditions at the end of this User Licence Agreement.
3.3 You are only allowed to duplicate the software insofar as this is necessary for backing up and archiving your individual customer profile. On no account shall the software be allowed to be duplicated for any other purposes without the explicit approval of deister.
3.4 For the reverse engineering, decompiling (i.e. translation back to the source code) and disassembling of the software §§ 69c, no. 3, 69d, subsection 2 and 3 and 69e of the German Act on Copyright and Related Rights (UrhG) apply. If decompiling is to be performed to ensure interoperability with other programs, you must notify deister in advance and request the necessary information. This may make decompilation unnecessary. Insofar as the above-mentioned regulations do not make deister’s approval absolutely unnecessary, prior explicit approval must be obtained from deister for the reverse engineering, decompiling and disassembling of the software.
4. Terms of use
4.1 The licence for using software is restricted to one terminal device or system, insofar as the utilisation contract, including the respective product information, does not include any explicit licence for multiple use. For this purpose, you may use every terminal device that fulfils the system requirements in a legally permissible way and for which the licence was granted. If you change the terminal device, the software must be removed from the terminal device on which it was previously installed before it is reinstalled on another terminal device. insofar as the utilisation contract, including the respective product information, envisages special licences for multiple use, multiple use shall only be permissible in accordance with type and number of the explicitly granted multiple licences. The software is only suitable for use on the terminal device(s) specifically cited in the licence file. Use on other devices is forbidden.
4.2 The following types of use are forbidden:
4.2.1 Any transfer of the software or access data – which enables the software to be used – to third parties, in particular but not exclusively through renting out, letting, leasing, hiring out, actually making available or any other type of transfer, administration measures of partner companies within the framework of contractual use are excluded;
4.2.2 Granting sub-licences without deister’s prior explicit approval;
4.2.3 Duplicating software or parts thereof (apart from backup purposes in accordance with point 3.3 above);
4.2.4 Partly or completely altering software, further developing it or creating works derived from it;
4.2.5 Removing copyright labels, serial numbers, markings or copy protection functions of the software;
4.2.6 Using the software for illegal or incorrect purposes, for instance using the data possibly contained in the software “deisterDashboard” for purposes other than those envisaged by the software;
4.2.7 Using the software for advertising purposes, for instance on the communication portals of the deister products “deisterDashboard” or “deisterHelpdesk”;
4.2.8 Using the software for purposes that are not necessary or useful for business operations, in particular but not exclusively for uploading private or illegal contents in the product “deisterPortal”;
4.2.9 Duplicating or passing on to third parties web contents that are made available to you through using the software, regardless of what type (for instance text contents, image contents, noise or music contents, etc.) and in which form these are made available (for instance doc, jpg, pdf, tif files, etc.), in particular but not exclusively for using the deister product “deisterAcademy” and
4.2.10 Using the software “deisterHelpdesk” for illegal or incorrect purposes or nor support queries which are not seriously intended.
4.3 deister reserves all rights for preventing unauthorised use of the software on your part, in particular rights to enforce refraining and compensation for damage. In the case of unauthorised use on your part, the licence granted within the framework of the utilisation contract in accordance with these terms of use shall be forfeited and hence the right to use the software and the updates and upgrades. You will then not receive any further updates and must delete the software as well as any backup copies from your terminal device. Unauthorised use on your part may then also have criminal consequences.
4.4 deister reserves the right to alter these terms of use for objective reasons within a legally permissible framework, and will notify the users before the changes come into force.
5. User’s obligations
5.1 You are responsible for a functioning hardware and software environment and for any licences which may possibly be necessary for their operation. The same applies to data backups of your IT system at regular intervals, for which you hereby undertake an obligation. Insofar as you use the software in areas subject to particular risk, which require error-free permanent operation of relevant systems and where failure of the software can lead to a direct risk for life and limb and health or to serious material or environmental damage (activities with high risk and activities with high availability, in particular the operation of nuclear power plants, weapons systems, flight navigation or flight communication systems, life-maintaining systems or equipment, machines and production processes for manufacturing pharmaceutics and foodstuffs), you must ensure that the systems whose functionality is necessary for the cited particularly risky areas of use are regularly and thoroughly checked, and that appropriate emergency measures are stipulated for the event of system failure and that these are regularly carefully checked to ensure that they are state-of-the-art, effective and efficient. The measures to be taken must comply with the stipulations of ISO 22301:2012. deister does not provide a warranty or guarantee that the software is suitable for use in particularly risky areas of use.
5.2 Furthermore, you must immediately notify deister if third parties assert rights to the software vis-à-vis you, and you must immediately forward any possible correspondence and must not communicate yourself with third parties. If such correspondence is immediately forwarded, deister will itself take over legal proceedings and defence at its own cost in such cases. The latter shall not apply if you yourself assert the rights to the software, present declarations and/or statements to third parties without prior consultation with deister.
5.3 Furthermore, you must immediately notify deister if the software has actually become available to third parties from yourself or from your terminal device, irrespective of whether this occurs through theft, hacker attacks, technical accidents or in any other way and whether this occurs through your own fault or through no fault of your own.
6. Updates
deister shall itself decide on providing updates for different types of software at irregular intervals, but this shall not necessarily apply to all software. deister does not assume any obligation for providing updates free of charge. deister shall decide, on a voluntary basis, whether updates are provided free of charge in individual cases. This does not justify any right for the future.
7. Warranty
7.1 Insofar as nothing to the contrary is explicitly agreed, the software provided by deister shall mainly be identical with the product information and specifications provided by deister, including the information in the user manuals, but the software may have negligible system errors and malfunctions. deister warranties that the software functions for a period of thirty (30) days from the date it is delivered to you. deister dos not warrant that the software complies with your requirements, or that the software will be free of any interruptions or errors or is completely secure. deister does not warranty that the software in accordance with this contract is suitable for purposes beyond the fulfilment of deister’s contractual obligations.
7.2 Despite the utmost diligence and care, according to the current state-of-the-art it is not possible to rule out program errors with 100% certainty or to develop software which protects against every virus or every other malware, which means that deister insofar cannot provide any warranty. Nevertheless, deister shall always attempt to comply with the latest state-of-the-art within the framework of reasonable expectations.
8. Limitation of liability
8.1 deister’s liability for data loss is restricted to the typical efforts necessary for restoring data that are appropriate when backup copies are available. You are notified of your obligation to regularly perform data backups in accordance with point 5.1.
8.2 Furthermore, the provisions of the GTC apply, in particular but not exclusively regarding the Sections 8 and 13.
9. Data protection
Deister’s privacy policy shall apply, which can be called up at: https://www.deister.com/en/privacy-policy
10. Final provisions
10.1 The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on the International Sale of Goods (CISG) are ruled out. The exclusive court of jurisdiction is the registered seat of deister, insofar as the user is a merchant in the sense of the German Commercial Code or has no permanent place of residence in Germany upon commencement of proceedings. deister is also entitled to institute proceedings at the user’s principal place of business.
10.2 Should individual provisions of this User Licence Agreement be partly or completely illegal, this shall not affect the effectiveness of the other provisions.
Annex 1: General Terms and Conditions
Annex 2: Information on data processing