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End user license agreement
daccord Access Governance Edition
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Introduction:


This end user license agreement is a legal contract between the licensee - a natural person conducting a business activity, a legal person or an organisational unit without legal personality who has lawfully purchased the software daccord Access Governance Edition and during its installation confirmed his/her/its acceptance of the conditions of this Agreement in an electronic form and the licensor G+H Systems GmbH, Ludwigstrasse 8, D-63067 Offenbach am Main, Germany. This agreement applies to the software and also affiliated media, print media, any documentation online and in electronic format.

The software is geared towards the analysis and generating an overview of access rights in a Microsoft IT environment.
The main task of the daccord Access Governance Edition is to process data, in order for employees to inspect and monitor user access rights.

This software contains opensource components.

BY DOWNLOADING, INSTALLING, COPYING OR ANY OTHER USAGE OF THIS PRODUCT THE USER ACCEPTS THESE TE_R_MS AND AGREEMENTS, WHICH ARE LEGALLY BINDING. IF THE USER DOES NOT ACCEPT THE TERMS AND AGREEMENTS THE USER HEREFORE IS NOT AUTHORIZED TO INSTALL, COPY OR USE THIS SOFTWARE. 

G+H Systems GmbH
Ludwigstrasse 8
D-63067 Offenbach am Main
Germany

Tel.: +49 (0) 69 85 00 02-0
Fax: +49 (0) 69 85 00 02-51
Email: info@guh-systems.de




§ 1 Definitions

(1) The term "software" defines the computer software daccord Access Governance Edition in the object code _in this_ form_,_ _as well as_ in any other written or printed form. This includes the main software and all developments, modifications, new versions and updates of the software developed by the _l_icensor and made available to the _l_icensee by the _l_icensor according to the rules specified in this agreement.  

(2) The software contains components, which are licensed as an open source product. The license terms are explained herafter. The license terms and conditions only apply for the components which are not open source. 

The licensee receives the usage rights which are included by the product itself. 

GNU General Public License 2.5 (GPL) Additional information at: https://www.gnu.org/licenses/old-licenses/gpl-2.0.html

Additional information at: https://opensource.org/licenses/BSD-2-Clause

BSD 3 clause License (Berkeley Software Distribution) Additional information at: https://opensource.org/licenses/BSD-3-Clause

MIT License - (Massachusetts Institute of Technology (MIT)) Additional information at: https://opensource.org/licenses/MIT

GNU LGPL 2.0 - (GNU Library General Public License version 2) Additional information at: https://opensource.org/licenses/LGPL-2.0

GNU LGPL 2.1 - (GNU Lesser General Public License version 2.1) Additional information at: https://opensource.org/licenses/LGPL-2.1

CDDL - (Common Development and Distribution License 1.0) Additional information at: https://opensource.org/licenses/CDDL-1.0


§ 2 Object of agreement, _g_ranting of rights

(1) Under this _a_greement the _l_icensor G+H Systems GmbH hereby grants the _l_icensee a limited and non-exclusive _l_icense to install and use the software (including possible software adjustments, add-ons) for an unspecified period starting on the day of the conclusion hereof, according to the terms and conditions specified herein.

(2) The software's characteristics and functions are conclusively stated in the documentation and in the enclosed functional specifications. The required hard_w_are and software environment is also specified in the document. The specifications in the product description are not to be understood as guaranteed features, but rather as service descriptions. The technical data specifications and service descriptions, in particular marketing materials, are not a condition of composition. A guarantee is only granted if it has been expressly designated as such.

(3) The _right_ of use is solely aimed at the intentional usage of the software in the agreed-upon scope of functions and the agreed-upon licensing model. 

(4) You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the _a_pplication or make the application available to any third party.

(5) If the software is used beyond the license agreement (the kind of and volume of usage within the license agreement) you will need to purchase the necessary license rights. Any failure to comply _????_ G+H Systems GmbH will make use of their entitles rights according to these terms and conditions.


§ 3 License fees

The scope of the software (the scope of the usage and license fees) result_s_ from the enclosed product documentation and the license and pricing information from the website (www.daccord.de). 


§ 4 Upgrades

(1) The _l_icense shall _also cover_ upgrades of the software developed by the _l_icensor and made available to the _l_icensee by the _l_icensor according to the rules specified in this _a_greement.


§ 5 Reproduction _r_ights and _a_ccess _p_rotection

(1) The _l_icensee shall be entitled to reproduce / copy the software to the extent necessary for the usage. A necessary reproduction (Copy) includes the installation of the software of_f_ its source data medium to the data medium of the target hardware, and also the uploading to the random access memory.  

(2) The _l_icensee shall be entitled to prepare a software _backup_ copy and is permitted to create and store one _backup_ copy only. This backup copy shall be marked as backup copy of the delivered software and shall carry a reference to the licensors intellectual property. 

(3) If, for reasons of data security or to ensure rapid reactivation of the computer system after a system failure, _a_ regular backup of the entire data resources, including the computer programs used, is indispensable, the _licensee_ shall have the right to create the minimum number of backup copies required. The respective recording media shall be marked accordingly. The backup copies may only be used for archive purposes.

(4) The _l_icensee undertakes _measures_ to prevent unauthorised access _to the supplied software from_ third parties and the corresponding documentation by introducing suitable precautions, particularly _by storing_ the original data carriers and backup copy in a secure place. Compliance with these terms and conditions must be emphasised to the licensee's employees.

(5) Further reproductions, which also include output of the program code to a printer and photocopying of the manual, may not be made by the _licensee_. If need be, additional manuals required for employees are to be procured from G+H Systems GmbH.


§ 6 Decompilation and _p_rogram _m_odifications

(1) The _licensee_ is forbidden from retranslation of the entrusted program code into other code configurations (decompiling) as well as any other kind of inverted development of the diverse manufacturing phases of the software (reverse engineering) or carrying out program amendments of any kind, unless if such actions should serve purposes of eliminating serious defects, especially such defects which can not be avoided by organisational or any other reasonable measure of remedy. Any breach of these conditions will terminate the license granted within §2 and _result in_ termination of the license agreement.  

(2) The removal of the _protections_ against copying or similar _protection_ system_s_ is only permitted if a faultless performance of the software is impaired or hindered by such _protections_. The burden of proof for the fact that the performance of the _software: is impaired or hindered by the _protection systems_ rests with the _licensee_.

(3) Copyright notices, serial numbers as well as other features that serve as product identification must under no circumstances be removed or changed.


§ 7 Resale or release

(1) The _l_icensee shall be entitled to transfer the aquired software _to_ a third party. In this case _the former licensee_ will waive _all_ rights to use this software _and will have to erase all installed_ copies of the software_ as well as_ delete, destroy or hand over any copies handed over by G+H Systems GmbH _as well as_ any backup copies, unless th_ese are_ needed for data retention requirements. _The former licensee_ will need to indicate any license obligations under §2, the terms of use, to the purchaser.  As a result of imparting, the former _licensee_'s utilization rights to the program _ will be_ extinguish_ed_.

(2) The _licensee_ is permitted to give away the software and the user manual or any other accompanying materials to third parties on a temporary basis, if this is not done within the framework of leasing or renting out for gainful purposes, under the proviso_n_ that the acquiring third party is in agreement that the contractual terms and conditions at hand shall henceforth also be imposed on it, has destroyed all copies and the third party has declared beforehand in writing _its_ agreement with the continued validity of the terms and conditions on hand. For the period of assignment of the software to third parties, the assigning _licensee_ shall have no right to any kind of utilisation of the _software_.

(3) You may not transfer the software to third parties if there are grounds to suspect that the third party will breach the terms and conditions, in particular by unauthorised duplication. This also _applies_ to empl_o_yees of third parties.


§ 8 Custody and confidentiality obligations / Right to audit 

(1) The _licensee_ is oblig_ated_ to secure the software against access by unauthorised third parties through appropriate measures and, in particular, by keeping all copies of the software in a secure location.

(2) At G+H Systems GmbH's request, the licensee concerned shall provide G+H Systems GmbH with information to verify the licensee's compliance with the licenses issued, and in particular whether the quantitative and qualitative rules complying to license rights are met. G+H Systems GmbH will respect all the requirements of data protection.


§ 9 Technical support 

(1) The license obtained does not include the fees for technical support or maintenance. However, a licensee has the possibility to obtain a service and support contract, against extra remuneration. According to the terms and conditions the licensee has claim to technical assistance _?????_ ("support") of a service and support contract.


§ 10 Warranty

(1) G+H Systems GmbH warrants that the software's contractually agreed quality characteristics shall be maintained throughout the contractual term (License Period), and that no third_ _party rights conflict with using the software in accordance with the contract. The guarantee against material deficiencies and liability do not extend to defects or damage caused by the contract software being used in a hardware and software environment that does not match up to the requirements formulated in the performance description.

(2) As an entrepreneur, you are obliged to examine the software supplied to you immediately in terms of its completeness and the functional capability of basic program functions. If this is not the case immediately contact G+H Systems GmbH, otherwise the right of warranty shall not be applied. _????_

(3) In the event of a defect as to quality, the seller G+H Systems GmbH shall be entitled to choose to deliver goods free of defects or to remedy the defect. In the case of replacement deliveries _the licensee_ might receive a newer or later state of the software, unless this leads to an unacceptable degradation of service. In the case of any legal defects in title, G+H Systems GmbH shall give the assurance that it will provide the customer with a legally unobjectionable option to use either the software or an altered version, so no other third party rights are violated.

(4) G+H Systems GmbH is authorized to fulfill the warranty from its own premises. G+H Systems GmbH meets the obli_g_ation in offering an automated installation routine for updates from their website and to provide technical support by phone in the case of installation issues.

(5) The orderer's right to rescission or reduction of the purchase price shall not apply for cases where improvement or replacement delivery by the supplier fails without success at least twice. The right of rescission does not apply in the case of minor defects. If the rights of termination or a claim for damages are exercised, G+H Systems GmbH is liable per §11.

(6) As a user and unless agreed otherwise, the legal warranty regulations will apply.

(7) Possible claims to damages against G+H Systems GmbH, with the exception of claims to damages on account of tort, shall be barred by the statutory provisions on limitation, albeit no later than two years after (one year if no private consumer is involved) rendering of the service on which the claim is based. The limitation period for claims of recourse begins on the day of the license purchase, a purchase made by download from the internet, after notification and online activation.     

(8) If the customer has a maintenance contract, the period to rectify the problem _is_ determined by the _turnaround_ times per the contract. 


§ 11 Liability

(1) For defects, we may be held liable in accordance with the statutory provisions and these Terms and Conditions including:
 -  in cases of intent or gross negligence.
 -  damage to life, limb or health
 -  in accordance with the provisions of the law on product liability and
 -  within the scope of any guarantee furnished by G+H Systems GmbH.

(2) G+H Systems GmbH is held liable for minor negligent violations of an obligation, compliance with which to achieve the treaty's purpose is of particular importance (cardinal duty), G+H Systems GmbH can only be held liable for foreseeable and typical losses. 

(3) A more extensive obligation or liability of the provider shall not exist.

(4) The limitation of liability also applies to the personal liability of employees, vicarious agents, institutions and representatives of the supplier.


§ 12 Final regulations

(1) If individual regulations of this contract, either in whole or in part, are or will be inefficacious, the validity of the remaining regulations is not affected. The parties shall in this case agree on a valid provision reflecting the economic purpose of the invalid provision as closely as possible. The same applies for possible gaps in the provisions of the contract. 

(2) Any mentioned exhibits in this agreement are an integral part of the contract. Oral collateral agreements do not exist. The General Terms and Conditions do not apply.

(3) Changes and additions are only effective in writing and with reference to this agreement. The same applies to any waiver of the requirement in written form. 

(4) The place of fulfilment for all parties to the contract is Offenbach am Main, Germany. The general place of jurisdiction is Frankfurt am Main, Germany, provided the user is an enterprise, a legal entity or a special public fund, or has no general place of jurisdiction within the Federal Republic of Germany, excluding contracts for the International Sale of Goods (UN CISG) and the provisions of International Private Law (IPR). 


G+H Systems GmbH

Ludwigstrasse 8
63067 Offenbach

www.guh-systems.de
www.daccord.de
