This agreement is between Contiamo GmbH and you - herein referred to as The User. The Agreement determines the legal use of the Contiamo Community Edition. The User is prohibited from using the software outside of the scope of this agreement.
Contiamo GmbH is located at Winterfeldtstraße 21, 10781 Berlin, Germany.
Contiamo GmbH will herein be referred to as Contiamo.
Contiamo and the User will herein be collectively referred to as The Parties.
Confidential Information refers to all non-public data provided to the user by Contiamo that has been marked as confidential or proprietary or can be reasonably assumed to be confidential.
Internal Business Purposes refers to use of the Contiamo Community Edition by The User for internal project work or deployment of projects into production.
Intellectual Property Rights refers to copyright, patents, trademarks, confidential information rights, and any other intellectual property rights, regardless of registration.
Software refers to the entire codebase of the Contiamo Community Edition, including any derivations or modifications.
Documentation refers to this End User License Agreement, provided with the Contiamo Community Edition.
2. SOFTWARE USE AND LICENSING
Contiamo grants The User a royalty-free, unlimited, non-exclusive, non-transferable license for the use of this Community Edition. The license is limited to installation of a single instance of the Software on a single computer or server owned or controlled by The User.
Data owned, controlled or licensed by The User may also be processed using the Software, in accordance with this Agreement.
The User is not permitted to distribute the Software to third parties. Further, The User must not permit third parties to:
A) replicate the Software;
B) create similar programs to this Software;
C) use the Software in violation of the law;
D) distribute or sell the Software.
The User is responsible for any violation of the Agreement by anyone accessing the license via The User’s login credentials.
Both this Agreement and the Software is deemed by The Parties to be Confidential Information.
Confidential Information will only be used within the scope of this Agreement. The User will treat Contiamo’s Confidential Information with reasonable care and will only disclose Confidential Information to their employees on a need-to-know basis. The recipient of such Confidential Information is, as such, subject to the terms of the Agreement.
The User is liable for any breach of the Agreement by an employee, to whom Confidential Information has been disclosed.
The User has not purchased and does not own the Software or a license to the Software. Contiamo retains all Intellectual Property, relating to the Software and any derivatives of the Software.
The Software is provided in its current state. The User is solely responsible for results obtained through use of the Software.
Contiamo is not responsible for any user error or fault that takes place during installation of the Software.
Contiamo provides no guarantee that the Software will be bug or error-free. Furthermore, Contiamo does not assume any responsibility for vulnerability of, or intrusion or attack to any equipment, system or network on which the Software is used.
Any third party system or software that is connected to, uploads data to or downloads data from the Software is not the responsibility of Contiamo.
6.1 Maximum Liability
There shall be no event where Contiamo’s cumulative liability, relating to or in connection with the Software or the Agreement, exceeds €5000. The maximum liability figure applies to all claims in aggregate.
6.2 Exclusion on Non-Direct Damages
Contiamo will not be liable for special, incidental, consequential, punitive, exemplary or tort damages, relating to or in connection with the Software or the Agreement. This applies regardless of whether Contiamo has been previously informed of the possibility of said damages.
7. TERM & TERMINATION
The Agreement is effective as of the Effective Date. The Agreement remains in effect until terminated by Contiamo or The User, or if The User stops using the Software.
Automatic termination of the Agreement occurs upon breach of the Agreement by The User. At this point, The User must remove any copy of the Software from their system and servers, as well as that of their employees.
Any terms of the Agreement that, by their nature, extend beyond the Agreement will remain in effect until fulfilled.
8.1 Data Privacy
The Parties agree to process personal data in accordance with applicable laws and regulations.
Notices under the Agreement must be sent, in writing, to Contiamo’s business address - specified in this document.
The Agreement does not instigate any arrangement between The Parties that implies anything other than either The User or Contiamo remaining an independent contractor.
A waiver of any element of the Agreement is only valid in writing. Failure to enforce any element of the Agreement does not constitute a waiver. Failure to enforce or take action does not, in any circumstance, invalidate any element of the Agreement or prevent The Parties from taking action or enforcing the Agreement in the future.
If any element of the Agreement is deemed invalid or unenforceable, it does not, in any circumstance, invalidate any other element of the Agreement or prevent the Parties from taking action or enforcing any other element of The Agreement.
8.6 Open Source
The Software contains components subject to Open Source software licenses agreements.
8.7 Entire Agreements
The Agreement in its entirety supersedes any previous communication, including but not limited to proposals, representations, warranties, contracts, statements, assurances and undertakings of any nature. The Parties agree to waive any previous agreements.
Modifications to the Agreement may only be made, upon written agreement by both parties.
Last updated: 27 February 2019