Our General End User License Agreement
Date: 06 Januar 2025
§ 1 Matter of the Contract
1. This contract governs the provision of the ENLife software (hereinafter referred to as “Software”) to the customer through software leasing (temporary provision). The software is designed to assist designers and engineers in evaluating metal structures and their mechanical connections, such as welds, spot welds, rivets, and screws, for the rail and heavy machinery industry. This is achieved under static and fatigue conditions through automated processes based on publicly available standards or established scientific methods.
§ 2 Adikora’s Services
1. Upon conclusion of the contract, Adikora provides the customer with the software and the user documentation (in PDF format) for download.
2. During the contract term, the customer will receive patches and updates for their software version via download. Adikora will inform the customer of these updates.
3. Adikora reserves the right to modify the functionality as part of an update, i.e., to extend features, add new features, or discontinue features. The customer will be informed of these changes with the respective update.
4. The following are not included in the scope of services under this contract:
· Customizing the software to meet the customer’s individual needs.
· Software support.
· Support for third-party systems or other technical devices and interfaces.
· Engineering services for design and development.,
§ 3 Customer’s Responsibilities
1. The customer must comply with the software and hardware requirements for the system environment and client devices as communicated by Adikora.
2. The customer is obliged to use the updates and patches provided.
3. Data backup is the responsibility of the customer.
4. The customer shall not use the software for purposes other than those described in this contract.
5. The customer is responsible for ensuring that input data and results generated by the software are reviewed for plausibility and compliance with applicable standards, regulations, and safety requirements by a qualified employee before further use.
§ 4 Compensation
1. Adikora shall receive the agreed remuneration specified in the offer for the services under this contract, which will be invoiced in advance.
2. All prices are exclusive of statutory VAT and are payable within 14 days from the invoice date.
3. In the event of late payment by the customer, Adikora reserves the right to deny access to the software until all outstanding payments are fully settled. This applies from the point where the customer is in default for one month despite a reminder. Adikora will notify the customer of this action in advance.
§ 5 Intellectual Property Rights
1. Adikora grants the customer the right to use the software and documentation provided under this contract within the scope of a simple, time-limited license for the duration of the contract. This license allows the customer to use the software for their own business purposes through their employees. The software may be used simultaneously by employees up to the number of licenses agreed upon in the offer (“Floating License”).
2. The customer may not, without Adikora’s written consent, rent, lend, share, modify, publish, transfer, decompile, disassemble, or otherwise exploit or copy the software or documentation for third parties outside their company.
3. The provisions of copyright law apply additionally.
§ 6 Warranty / Maintenance
1. Adikora will maintain the usability of the software in accordance with its current functionality throughout the contract term.
2. If the customer identifies an error in the software, they will notify Adikora of the error in writing, providing a comprehensible error description. The customer will support Adikora, within reasonable limits, in analysing and resolving the error (e.g., through screenshots or log files), enabling Adikora to reproduce the error. The customer will provide the necessary information upon request.
3. Defects will be remedied by Adikora through subsequent performance. If subsequent performance fails twice, the customer may reduce the rental price. For significant defects (i.e., serious system impairments resulting in restricted usability, meaning essential functions of the software cannot be used), the customer may terminate the contract. Self-remedy and the right to compensation are excluded in all cases.
4. If the cause of a defect reported by the customer is attributable to the customer or third parties within their sphere of influence (e.g., misuse, third-party interventions, or intentional harm), Adikora is entitled to charge for the effort required to eliminate the defect or error.
§ 7 Liability
1. The ENLife software is a tool to assist users in the preparation, evaluation, and analysis of structures in compliance with various public standards and norms, including but not limited to DVS1612, DVS1608, Eurocode 3, Eurocode 9, and EN17149. The software automates calculations and procedures related to these standards but does not provide final or certified validation of compliance with these standards.
2. Adikora is not responsible for the content or quality of data entered during software use, including permissible values, material properties, and other inputs. Adikora does not verify or validate external data used by users. It is the customer’s responsibility to ensure that all data (input and output) complies with applicable standards and is suitable for its intended purpose.
3. Adikora is not liable for damages resulting from the use of third-party software versions not declared as compatible.
4. Standards and norms such as DVS1612, DVS1608, Eurocode 3, Eurocode 9, and EN17149 are subject to change and may be updated by their respective bodies. Adikora does not guarantee the timeliness or accuracy of such updates in the software. It is the customer’s responsibility to ensure their employees work with the latest applicable standards.
5. Adikora is liable for damages resulting from injury to life, body, or health in accordance with statutory provisions. For other damages, Adikora is liable only for intent and gross negligence. For damages arising from a breach of a fundamental contractual obligation, liability is limited to foreseeable damages. Liability for indirect damages and lost profits is excluded. Liability under the Product Liability Act and for damages arising from breaches of guarantees remains unaffected.
§ 8 Confidentiality and Data Protection
1. Both parties agree to keep business and trade secrets, as well as confidential information disclosed during the execution of this contract, confidential. Such information must not be disclosed to third parties not involved in the contract’s execution.
2. The confidentiality obligation does not apply to information already publicly available or known to the receiving party prior to disclosure.
3. Both parties agree to implement necessary data protection and security measures in compliance with applicable regulations.
§ 9 Contract Term and Termination
1. Unless otherwise specified in the offer, the contract term begins on the date of the last signature or digital signature and is initially valid for one year. It will automatically renew for one year unless terminated by either party.
2. Either party may terminate the contract for cause. Termination for cause must be declared within two months of becoming aware of the reason.
3. Termination must be in writing.
4. Upon termination, the software will cease to function.
§ 10 Final Provisions
1. Changes and amendments to this contract must be in writing, including changes to this clause. Digital signatures satisfy this requirement.
2. If any provision of this contract is invalid, the remaining provisions remain valid. The parties will replace invalid provisions with ones that fulfill the contract’s purpose.
3. The place of jurisdiction for all disputes is Berlin, Germany.
4. The laws of the Federal Republic of Germany exclusively apply.