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Comment: Reverted from v. 7

Preamble

This EULA is a legal EULA between You ("Licensee" or "You") and bitvooodoo ag, Hardturmstrasse 101, 8005 Zürich, Switzerland ("Licensor" or "We") to use the Software. This EULA applies from the date when You receive the Software from a Reseller or Licensor ("Purchase"). You agree to be bound by the terms of this EULA by installing, copying, downloading or otherwise using the Software. If You do not agree to the terms of this EULA, You may not install, copy, download or otherwise use the Software. For the Evaluation Period  the provisions in Appendix A shall apply.

0. Custom Definitions for SAP SE

SAP SE ("Licensee"), Dietmar-Hopp-Allee 16 , 69190 Walldorf, Germany denied the section 9.4 on 15.08.2019 and We confirm that this section is not part of the EULA between bitvoodoo and SAP SE.

1. Definitions

Confidential Information: All items (e.g. software, documents, information) that are protected by proprietary rights, contain trade or business secrets or are designated as being confidential.

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Evaluation Period: Time you can evaluate the Software free of charge

2. Obligations of the Licensor

2.1 We will provide You the Software in an compiled form. We will deliver the Software by making it available for download. You are not entitled to be provided with the source code.

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2.4 Every valid and not expired license contains product support and maintenance for the term of this EULA (see section "Maintenance and Support" for details).

3. Rights of Use

3.1 The Software is legally protected. We are the sole owner of any copyrights, patent rights, trademark rights and any other ancillary copyrights in and to the Software.

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3.7 We point out that the software may contain open source software which is subject to its own licensing rights. If so, We shall provide software licenses for that particular piece in the framework of the corresponding open source licensing regulations ("open source software"), so that You can use the software within the meaning of this EULA. Such open source software is specified in more detail in the corresponding installation package and is licensed in accordance with special open source regulations. If there are any contradictions between the terms of this EULA and regulations for open source software, the regulations for open source software shall take precedence in respect of such open source software.

4. Term and Termination

4.1 This EULA commences with Your Purchase of the Software and runs for a fixed term according to your Purchase. During this fixed term it cannot be terminated for convenience and after the fixed term (The bought license of the Software is expired) the obligations of the Licensor are now longer valid as listed in sec.2 . As You have a livetime right to use the Software your obligations are still valid, even with an expired license.

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4.6 Upon the expiry or termination of this EULA, the Software may lose significant parts or the total range of the functionality. We may require You to delete the Software from Your IT systems.

5. Obligations of the Licensee (herein "You")

5.1 The installation of the Software shall be conducted by You. We shall reasonably advise and support You in preparing the installation. It is Your duty to observe Our instructions and/or to clarify the installation conditions with Us in due time and comprehensively, in order to be able to carry out the installation smoothly and speedily. You will also operate the Software Yourself.

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5.5 You are responsible for backing up your data regularly.

6. Purchase, Payment Terms

6.1 If You have purchased the Software via a Platform, You shall make an upfront payment of the License Fee for the respective contract term to the Reseller in accordance with the Platform’s terms of use as detailed on Our webpage on the Platform. If You have purchased the Software directly from Us, You shall make an upfront payment of the License Fee for the respective contract term to Us.

6.2 We may require additional compensation for additional expenditure caused by Your conduct in breach of contractual obligations or by the Your failure to cooperate at all, in good time or as agreed, by Your use of the Software contrary to the intended purposes or the terms this EULA, or by the subsequent amendment or expansion of performance demands by You. This shall not apply where You are not responsible for the additional expenditure.

7. Functionality, Maintenance and Support

7.1 You will be able to use a Software that works as advertised in the platform and described in detail in the documentation, available at https://wiki.bitvoodoo.ch.

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7.8 You are responsible and in the duty to deliver the requested information by our support as log files, step to step and environment descriptions so that defects can be reproduced. 

8. Liability and Limitation Period

8.1 We are not liable to You for any consequential, indirect, special or incidental damages under any provisions of this Agreement or for any consequential, indirect, penal, special or incidental damages arising out of any act or failure to act hereunder.

9. Confidentiality and Data Protection

9.1 The parties agree to treat in confidence, also beyond the end of this EULA, all Confidential Information, of which they obtain knowledge, or which are provided to them prior to or during performance of the contract by the other party, unless such Confidential Information becomes publicly known without a breach of the confidentiality obligation. The parties shall keep and safeguard Confidential Information in a manner that excludes access by third parties. You shall only enable access to Confidential Information for those employees and authorized persons who require such access in order to perform their work responsibilities. Such persons shall be instructed about the confidentiality obligation.

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9.4 We may name You as a referential customer as of conclusion of this EULA. You can deny this right at the time of the conclusion of this EULA as well as at any time afterward by submitting a request via email to dataprivacy@bitvoodoo.ch, requesting the references to be deleted. Upon receipt of such request, We will remove any reference to You within 30 days and make no further reference to You. This section was denied by the Licensee and We accepted this on 15.08.2019. So We won't name the Licensee as a referential customer.

9.5 The information you provide will be used by Us to provide support services, to promote our services and to fulfill legal obligations (e.g. accounting). Information about You will not be shared with third parties. You can direct any requests or objections regarding data protection issues to our data protection officer, whom you may contact at dataprivacy@bitvoodoo.ch.

10. Choice of Law and Venue, Final Provisions

10.1 The law of Switzerland applies excluding its conflict of laws rules. The standard UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

10.2 The sole place of jurisdiction for all disputes arising from this EULA is Zürich, Switzerland.


Appendix A - Evaluation Period

You can test the Software free of charge for a period of 30 days ("Evaluation Period"). With the expiry the Evaluation Period the Software will automatically stop functioning.

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