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License terms

I. Introduction

  1. The following provisions apply for all protonic software GmbH (hereafter: "protonic") software products. All protonic products, including all programs and products, including upgrades, patches, modified versions, graphical material and/or additions to the support documents (manuals, documentation, etc) are copyright protected. All rights to protonic products, and in particular copyright, trademark and other ancillary copyrights, are the exclusive right of protonic, unless otherwise expressly indicated.

II. Types of user rights

protonic differentiates between the following user rights (hereafter "license purchase" and "subscription")

  1. License purchase
    By purchasing a license, the user acquires the permanent right to use the software in its current major version with any licensed modules.
  2. Subscription
    During the minimum subscription period, a subscription is a time limited user right, and after the minimum subscription period, it becomes a permanent user right for the most recent version together with the most recently used modules.
    The following applies specifically to subscription contracts:
    1. The minimum period of a subscription as well as the start-up fees comply with the current easyjob license and are taken from the respective protonic proposal.
    2. The subscription rates are calculated monthly and invoiced three months in advance.
    3. In the case of a late payment, the license expires and the easyjob installation will be downgraded to a test version.
    4. If an additional program module is added or when upgrading to a higher edition, the subscription is extended by an additional 24 months.
    5. If the subscription is not canceled three months prior to its expiration, it will be automatically renewed for another 12 months.
    6. protonic will provide notice of any price increases for the services included in the subscription up to four weeks prior to the extension. In this case, the customer can cancel within four weeks prior to the contract extension.

III. Rights and prices

  1. Depending on the type of user right, protonic guarantees the customer a nongratuitous, non-exclusive right to use (license) the easyjob software for an unlimited period of time (license purchase) or for a limited period of time (subscription). The granting of sublicenses is not permitted.
  2. The respective prices and fees for the products can be found in protonic's Web Shop or individual proposals.
  3. The software remains the property of protonic. By accepting these license terms, and depending on the user right, the customer is granted a time limited (subscription) or unlimited (license purchase), non-exclusive right to use the software in accordance with the provisions of this license agreement.
  4. If the customer does not agree with the license terms, he must not install, activate or use the software. No return is permitted after activating the software.
  5. The customer's rights according to this agreement become effective after making the complete payment of the license fees or the subscription fees that are due to protonic.
  6. The license gives the customer the right to use the software within the scope of the purchased version for normal use.
  7. The purchased software license includes use of the version and edition (e.g. easyjob 6 L) that is current at the moment the rental contract is concluded.
  8. The customer is not permitted to make any changes or translations, or make any copies of the software products.
  9. The scope of supply does not include the supply of the source code. It is not permitted to decompile or change the program.
  10. The copy protection or other protection routines, copyright notices, serial numbers or features used for program identification may not be read out, removed or changed.
  11. Printing out the program code also represents impermissible copying. Modifications are admissible for which permission may not be refused in accordance with the principles of good faith (Copyright Act, Sec. 39, Para. 2)
  12. Support services are not included in the license fee and will be agreed upon separately.

IV. Protection

  1. The customer is required to implement suitable protective measures in order to ensure that the customer code and access data is not accessible to unauthorized third parties for product activation or use. Employees shall be expressly instructed to comply with these license terms as well as the copyright protection of the software.

V. Third-party software

  1. The software, in each proposed version, uses software from third-party providers (e.g. Microsoft SQL-Server Express, Windows, Combit List&Label, etc.). This third-party software may only be used after entering into a license agreement with the third-party providers, and the customer is required to provide the hardware and software required for use.

VI. Use

  1. The contractual right of use becomes effective with the complete payment of the license fee or the subscription fee that is due to protonic.
  2. Up until the complete payment, protonic retains the right to prohibit use of the software by the customer.
  3. protonic reserves the right to make product changes that do not impair functionality.

VII. Updates und upgrades

  1. If protonic publishes updates, customers have the right to install them. The updates are only offered on the protonic website. By installing an update, the customer accepts the current license agreement and the current system requirements.
  2. Upgrades are subject to a charge and may only be used upon payment of the corresponding license fee. By upgrading to another version, the customer's rights to the previous version are terminated.
  3. If the customer has an active "easyjob subscription", the customer may use the upgrades free of charge.

VIII. Warranty and liability

The software has been designed for multiple possible uses and cannot take every possible use case into account.

  1. In the case of material defects or defects of title, the legal requirements shall apply unless otherwise specified below.
  2. protonic, together with its legal representative and agents, shall only be liable for intentional misconduct, gross negligence or carelessness, and for the latter only if an essential contractual obligation has been violated. The essential contractual obligations are those that are necessary for fulfilling the purpose of the contract, e.g. for making the software available.
  3. The product description serves as an agreement regarding the quality structure of the software and is provided prior to ordering and can be viewed on the protonic homepage. Also the easyjob test version that the customer can be used free of charge for this purpose.
  4. protonic shall only be provide a warranty for the software it offers. Software errors that are the result of subsequent user or customer interventions are not covered by the warranty. This also applies to errors in the user's operating system or in third-party products.
  5. The user has no claim to have program extensions or program changes made following the transfer of risks, even if these are necessary due to legal changes.
  6. The customer is require to report obvious defects in writing within two weeks of delivery. Other defects shall be reported immediately upon discovery. These defects shall be reported in writing. The warranty shall not apply to defects that were not reported in a timely manner.
  7. If the customer is a merchant according to the German Commercial Code, he is obligated to meet the legal requirements for inspection and notification of defects in accordance with para. 377 and 381 of the German Commercial Code. If a defect is discovered during this inspection or at a later time, this must be reported to protonic immediately in writing. The report shall be considered immediate if it is sent within two weeks, to keep this deadline it is sufficient if the notification has been sent within this period of time. Should the customer fail to perform the inspection and/or report the defect, protonic shall not be liable for the defect that was not reported
  8. The customer is responsible for regularly backing up and carryout out maintenance on all data. Depending on the level of importance of the customer's data, protonic recommends backing up the data daily to an external storage device.
  9. protonic shall have the right to make its own decision if to rectify the defect by correcting it or by supplying defect-free software.
  10. The customer shall provide protonic with a reasonable amount of support in order to correct the error.
  11. protonic shall only be liable for the intentional misconduct and gross negligence of its legal representative or agents, as well as for damage arising from injury to life, body or health, which are based on a breach of obligations for which protonic, its legal representative or agents are responsible.
  12. protonic draws attention to the fact that even with today's state-of-the-art technology, it is not possible to produce software that is free from errors.
  13. In the case of liability in accordance with section VIII k, protonic's liability shall be limited to the coverage level of the liability insurance.
  14. protonic, its legal representative or agent shall not be liable if the customer could have prevented or minimized the error from occurring with reasonable measures such as program and data backups.

IX. Limitation period

  1. In deviation from the statutory period of limitations (para. 438, section 1, no. 3 of the German Civil Code), the general period of limitation for claims due to material defects or defects of title shall be one year from the purchase of the license.

X. Extraordinary right to cancellation

  1. protonic has the right to cancel the license agreement for good cause in the case of a serious copyright infringement by the customer.
  2. After receipt of the notice of cancellation, all of the customer's user rights shall become void. The software must be removed from all of the customer's systems and all existing software copies must be destroyed.

XI. Data security

  1. protonic shall process the customer data provided within the scope of the business relationship in accordance with the relevant provisions on data protection. XII.

XII. Final provisions

  1. There are no oral collateral agreements.
  2. Any changes to this contract must be made in writing. This also applies to any changes to this requirement for written form.
  3. If any provision of this agreement cannot be legally upheld, it is understood that the validity of the remaining agreement will not be affected.
  4. If the customer is a merchant, the place of performance for the services to be provided according to this agreement shall be protonic's headquarters.
  5. The laws of the Federal Republic of Germany shall apply, with the exclusion of the UN Convention on Contracts for the International Sale of Goods.