END USER LICENSE AGREEMENT (EULA) FOR THE USE OF TEMPVISION

Before completing the installation process and using TempVision, please read this EULA carefully. This installation procedure includes a license to use TempVision and the EULA contains warranty information and disclaimers.

This End-User License Agreement ("EULA") is a legal agreement between you and Tempras GmbH & Co. KG.

We shall reserve the right to refuse the service offered to anyone for any reason and at any time.

This EULA Agreement governs your purchase and use of TempVision directly from Tempras GmbH & Co, KG or indirectly through an authorised reseller or distributor of Tempras GmbH & Co. KG (a "reseller").

If you register for a free trial version of TempVision, this EULA agreement shall also apply to this free trial version. By clicking "Accept" or by installing and/or using TempVision, you acknowledge that you have read, understood, and agree to the terms and conditions of this EULA.

If you conclude this EULA Agreement on behalf of any company or other entity, you represent and warrant that you have the authority to subject such company and its affiliates to these terms and conditions. Should you not have such authority, or if you do not agree to the terms of this EULA Agreement, do not install or use the software.

This EULA Agreement shall only apply to the software products and services provided by Tempras GmbH & Co. KG, regardless of whether other software is referred to or described herein. These terms and conditions also apply to updates, supplements, Internet-based services and support services of Tempras GmbH & Co. KG for the software, unless otherwise specified at the time of delivery.

Licensing

Tempras GmbH & Co. KG hereby grants you a personal, non-transferable, non-exclusive license to use TempVision software on your devices in accordance with the terms of this EULA Agreement.

You are allowed to load TempVision software (e.g. PC, laptop, mobile phone or tablet) under your own control. You are responsible for ensuring that your device meets the minimum requirements of TempVision.

The software TempVision is an add-on for Microsoft Dynamics 365 Business Central.

The number of TempVision Users to be licensed must correspond to the number of active Employees in TempVision.

Any use beyond the contractually agreed scope represents a breach of contract. In this case, you are obliged to inform Tempras GmbH & Co. KG immediately about the corresponding excess use.

For the period of excess use, you are obliged to pay compensation for excess use in accordance with the current price lists.

It's not permitted:

to edit, change, modify, adapt, translate or otherwise modify the software, in whole or in part, to allow all or any part of the software to be combined with or incorporated into any other software, to decompile, disassemble or reverse engineer the software, or to attempt to do any such thing.

to reproduce, copy, distribute, resell or otherwise use the software for commercial purposes.

to allow any third party to use the software on behalf of or for the benefit of any third party.

to use the software in any manner that violates any applicable local, national or international law.

to use the software for any purpose that Tempras GmbH & Co. KG deems as a breach of this EULA agreement.

to remove or modify any copyright notices, serial numbers and other features used to identify the software.

The license granted under this agreement is personal to the user, and any attempt by the user to transfer rights, obligations or obligations under this agreement shall terminate this agreement.

This EULA Agreement will be effective from the date that the Software is released by Microsoft on your behalf and will continue until terminated by you. The monthly subscription will be automatically renewed until you provide written notice of your intention to terminate the subscription. The fee is due at the beginning of a contract period and is collected by means of direct debit.

Prices for our products are subject to change with 30 days notice.

Intellectual property and ownership

Tempras GmbH & Co. KG retains ownership of the software as originally downloaded by you and of all subsequent downloads of the software by you at all times. The software (and the copyright and other intellectual property rights of any kind to the software, including all changes made to it) are and shall remain the property of Tempras GmbH & Co. KG.

Liability for material defects and defects of title

Technical data, specifications and performance descriptions in public statements, in particular in advertising, represent a statement concerning product quality. The functionality of the solution is based on the description of the solution, which can be found on the website of Tempras GmbH & Co. KG, and according to the additional agreements made. A limitation period of twelve months shall apply to claims for defects, unless the defect was fraudulently concealed. The assertion of claims for defects requires that the defects are reported in writing to Tempras GmbH & Co. KG. Subsequent fulfilment shall be at the discretion of Tempras GmbH & Co. KG by rectifying the defect or by supplying a defect-free solution. Delivery may also be made by providing a newer version of the software to you, which has all the quality features owed under this agreement and does not unreasonably interfere with your use of the solution compared to the quality owed under this agreement. Tempras GmbH & Co. KG shall not be liable in cases in which you make changes to the data provided by Tempras GmbH & Co. KG, unless these changes had no influence on the occurrence of the defect. Tempras GmbH & Co. KG is also not liable for the suitability of the solution with regard to the IT systems and/or the requirements of your business operations. You shall assist Tempras GmbH & Co. KG in the recognition and elimination of the defect and enable the examination of documents in which the exact circumstances of the occurrence of the defect are stated. Tempras GmbH & Co. KG shall assume no liability whatsoever for any third-party software installed by you and required for the use of the software.

Termination

You may terminate the EULA Agreement at any time by sending written notice to Tempras GmbH & Co. KG.

Upon receipt of the termination by the user, the license and access of the user to the solutions shall end on the last day of the contract period.

The contractual relationship will be terminated immediately if you fail to comply with any provision of this EULA Agreement. Upon such termination, the licenses granted under this EULA shall terminate immediately and you agree to cease access to and use of the software. The provisions which by their nature continue and survive shall continue to exist after termination of this EULA Agreement.

Applicable law

This EULA Agreement and all disputes arising out of or in connection with this EULA Agreement shall be governed by and construed in accordance with German law.

License Agreement