Software Licence Agreement for products of
CURREX GmbH, Schaartor 1, D- 20459 Hamburg.
IMPORTANT - PLEASE READ CAREFULLY
Preamble
This CURREX End User Licence Agreement ("CEL") is a legal agreement between you ("End User") as an individual or as a legal entity and CURREX GmbH for the software product, which includes computer software as well as associated media, printed materials and documentation in "online" or electronic format (hereinafter referred to as "SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes all subsequent updates and supplements.
By installing, copying, downloading, otherwise using or accessing the SOFTWARE PRODUCT, you agree to be bound by the terms of this CEL.
If you do not agree to the terms of this CEL, you are not authorised to open, install or use the SOFTWARE PRODUCT.
§ 1 Software Product Licence
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
§ 2 Product description
CURREX MOTIONQUEST is a SOFTWARE PRODUCT which, by means of a foot analysis and biomechanical matrix query, enables the selection of suitable shoes and insoles from the models available on the market from leading manufacturers. The result is a series of individual solutions that serve to keep the user healthy. The SOFTWARE PRODUCT contains various programme modules which are fully or partially licensed depending on the order.
§ 3. granting of licences
This CEL grants you the following rights:
You are granted the non-transferable, non-exclusive right to use the SOFTWARE PRODUCT on the following terms and conditions. "Use" for the purposes of this Agreement means any permanent or temporary reproduction (copying) in whole or in part by loading, displaying, running, transmitting or storing the Software for the purpose of running it and processing the data files it contains.
You are entitled to install and use one copy of the SOFTWARE PRODUCT on two computers, including a workstation, terminal or other electronic digital device ("COMPUTER"). The SOFTWARE PRODUCT is provided to the customer via internet download.
If the customer acquires licences for several application workstations, the number of individual computers on which the acquired application programmes may be operated shall increase accordingly.
The customer is entitled to make copies of the software, in particular backup copies, insofar as this corresponds to normal use.
Licensed material provided in printed form may only be reproduced with the written consent of CURREX GmbH. Additional copies of the licence material in printed form may be obtained from CURREX GmbH subject to a fee in accordance with this agreement.
The licence agreement covers the programme modules invoiced. With the delivery of the software you will receive a personal security key which ensures the use of the SOFTWARE PRODUCT on two computers. At the same time, the security key contains a licence code which includes the activation of the programme modules ordered by you.
Any use and exploitation outside the contractual and legal limits, in particular the Copyright Act, is not permitted without the written consent of CURREX and may be punishable by law. In particular, the following is not permitted:
-processing, duplication, transfer and/or storage of the applications contained in the SOFTWARE PRODUCT on data carriers for the purpose of passing them on to third parties,
-translation, decompilation, disassembly, editing and reverse engineering or further development of the SOFTWARE PRODUCT.
-transferring the applications from one PC to another PC via a network or similar without CURREX having issued a network licence.
The SOFTWARE PRODUCT is licensed as a single product. You may not separate its components for use on more than two computers. Similarly, you may not separate, copy, imitate or otherwise use the content contained in the SOFTWARE in any way contrary to the limited rights of use granted herein. It is also not permitted to make the software or its contents available for online use, in whole or in part, without a corresponding licence from CURREX.
Adaptations or modifications of the SOFTWARE PRODUCT as well as the creation of interfaces to third party programs by the provider are only owed insofar as this is necessary for the installation or to secure the contractual use. In all other respects, the Provider shall only be obliged to make adjustments or changes if this is expressly agreed. Corresponding services are to be remunerated separately by the customer at reasonable and customary market conditions, if applicable.
Finally, you are not entitled to rent, lease, lend or otherwise transfer the SOFTWARE PRODUCT the rights arising from this contract.
§ 4 Termination
The update contract can be terminated in writing by fax, e-mail or to the postal address no later than 3 months before the contract expires. If no notice of termination is given, the contract will be tacitly extended for a further 12 months.
Without prejudice to any other rights, CURREX is entitled to terminate this CEL if you breach the terms of this CEL. In such a case, you are obliged to return the security key provided to you to CURREX within two weeks from the date of termination.
§ 5 Programme Maintenance Agreement
Signing the order form also constitutes the conclusion of this programme maintenance contract, which regulates the update procedure. Only by concluding the programme maintenance contract is it possible to update the programme to the current status.
CURREX will provide several new features and bug fixes during the contract period. There is no entitlement to a certain number of updates and innovations within an update period. The latest version will be made available via the Internet.
The agreed contractual relationship for the programme maintenance contract begins with the delivery date of the SOFTWARE PRODUCT. The contract has a term of 12 months and is tacitly renewed if CURREX does not receive written notice of termination three months before the end of the contract.
After possible termination of the maintenance contract, you will receive a permanently unlocked SOFTWARE PRODUCT of the last purchased licence level.
§ 5.1 Services of the Programme Maintenance Agreement "MOTIONQUEST NEO Annual Support and Update Agreement. All in"
The provision of the latest programme version of the SOFTWARE PRODUCT.
Both telephone and online advice to the customer in the event of problems regarding the SOFTWARE PRODUCT, as well as in the event of any programme errors to be recorded.
The telephone consultation time is available to the customer on weekdays between 9:00 a.m. and 5:00 p.m. (Central European Time). Public holidays are excluded.
Error messages or requests for advice sent by e-mail can be answered by e-mail.
Continuous updates of the (shoe) databases. The shoe databases currently cover 90% of all running and selected outdoor shoe manufacturers. The shoe databases are published four times a year:
Spring/ Summer Early Jury - 80% completeness of the database: week 51
Spring/ Summer Late Jury - 99% completeness of the database: week 7
Fall/Winter Early Jury - 80% completeness of the database: week 26
Fall/ Winter Late Jury - 99% database completeness: week 34
Provision of an interface for electronic data processing of the live shoe inventory
Use of the social sharing function via the MOTIONQUESTNEO.com server
§ 5.2 Excluded services of the programme maintenance contract
The provider's contractual care services do not include the following:
Consultations outside the previously mentioned consultation hours.
Consultations on the general application and usability of the software resulting from the user manual. This also includes questions on contents such as the interpretation of analysis results and the like.
Maintenance services that become necessary due to the use of the software on a hardware system not supplied by CURREX or under a different operating system.
Maintenance services after an intervention by the customer in the programme code of the SOFTWARE PRODUCT or in the (shoe) database.
Maintenance services with regard to the cooperation of the contractual software with other computer programs which are not the subject of the maintenance contract.
Access to the Internet is not the subject of this contractual relationship. The customer bears the sole responsibility for the functionality of his Internet access including the transmission paths as well as virus protection of his own PC. The customer shall ensure that firewalls set up by the customer do not impede access to the database.
§ 5.3 Costs of the programme maintenance contract
The costs for the programme maintenance contract and the additional modules are to be paid annually in advance after invoicing. All prices quoted are net prices and are subject to the statutory value added tax. CURREX reserves the right to change prices, which will be announced at the latest three months before the end of the year.
Should the customer terminate the maintenance contract and wish to resume it at a later date, the past version jumps of the SOFTWARE PRODUCT will be recalculated. Level 1 of the programme maintenance contract will be used as the basis for calculation. The previous termination date counts when determining the start date.
§ 6. data protection
CURREX will collect, process and use personal data deposited by the customer on the storage space provided as well as other data deposited by the customer and worthy of protection only in accordance with the relevant applicable legal framework.
If the customer collects, processes or uses personal data, it warrants that it is entitled to do so in accordance with the applicable provisions, in particular those of data protection law, and in the event of a breach it shall indemnify the provider against claims by third parties.
§ 7 Copyright
All ownership and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to technical shoe data, images, photographs, animations, video, audio, music, text and templates contained in the SOFTWARE PRODUCT), the printed accompanying materials and any copy of the SOFTWARE PRODUCT are owned by CURREX or its suppliers. All proprietary and intellectual property rights in and to Content accessible through the SOFTWARE PRODUCT are owned by the respective supplier of such Content and may be protected by applicable copyright laws and other intellectual property laws and agreements. This CEL does not grant you any right to use such content. CURREX reserves all rights not expressly granted.
§ 8 Limited warranty
CURREX warrants that the delivered goods are not defective or lack warranted characteristics. CURREX does not warrant that the software will meet your individual requirements and purposes or that it will work with other programs you choose. You are responsible for your choice and use of the software and for the results intended or obtained. The SOFTWARE PRODUCT is produced with due care. However, errors in the software cannot be completely ruled out according to the state of the art.
No guarantee can be assumed for the correctness and completeness of data inventories in stored or printed form. If, in individual cases, a warranty is nevertheless assumed by express written agreement, this shall only refer to the correctness of the data stock at the time of delivery. Any warranty claims shall lapse if the software is not used in accordance with the provisions of this contract or in accordance with the operating instructions. Warranty claims against CURREX commence with the transfer of risk and expire after twelve months. They are not transferable. Defects must be notified in writing without delay, but at the latest within 10 working days of receipt of the goods. Hidden defects which are not discovered within this period even after careful inspection must be notified in writing immediately after discovery. The warranty shall not apply to defects not notified in due time. In the event that the software is defective, the original media on which the software is stored must be returned to CURREX properly packaged. The name, address and telephone number of the customer as well as a description of the defect and a receipt showing the date of purchase must be enclosed with the defective software. In the case of a justified complaint, CURREX has the right to make a replacement delivery. Other warranty claims can only be asserted in the event of a final failed subsequent delivery.
The above paragraphs conclusively contain the warranty for the product delivered by us and exclude other warranty claims of any kind. This does not apply to claims for damages with regard to property warranties which are intended to protect the customer precisely against the risk realised thereby.
Claims for damages arising from positive breach of contract, culpa in contrahendo, tort or other legal grounds (including but not limited to claims for damages due to business interruption, loss of profit, loss of business information) are excluded both against us and against our vicarious agents, unless intentional or grossly negligent action is involved, or it is a culpable breach of essential contractual obligations that are indispensable for achieving the purpose of the contract, whereby the claim for damages in the latter case is limited in amount to compensation for the typical foreseeable damage.
Warranty claims and claims for damages against us are not assignable.
CURREX accepts no liability for damage resulting from the use of the applications (loss of data, etc.).
Liability under the Product Liability Act remains unaffected (§ 14 ProdHaftG).
§ 9. severability clause
Should one or more provisions of this contract be or become invalid or should the contract contain a loophole, the validity of all other provisions shall remain unaffected. The invalid provision or the gap in the contract shall be replaced by a provision that comes closest to the presumed intention of the contracting parties according to the meaning and purpose of the contract.
§ 10 Jurisdiction
The place of jurisdiction for all disputes in connection with this contract is the registered office of CURREX, to the extent permitted by law.
CEL CURREX GmbH - Schaartor 1 - DE - 20459 Hamburg - info@currex.com - Status April 2021
