User agreement for the free cloud / SaaS version of Octaved-Flow (one account with a maximum of 10 users)

Status: January 2020

1. Scope of application
h.com networkers GmbH (hereinafter referred to as h.com) offers individuals and companies the opportunity to use the provided software Octaved Flow with one account for a maximum of ten users against registration.

These special terms of use regulate the use of this software in the form of SaaS (Software as a Service) as a "Free Plan" Account.

2. Provision
h.com provides the Octaved Flow software in the current version on a cloud server for access by the customer through the World Wide Web. The scope of services and the nature of the standard Octaved Flow software follow from the respective current version of Octaved Flow. h.com may make changes to the software or updates at any time without notifying the user. Downtime for these purposes may occur at any time without notice.

A Free Plan Account provided free of charge may be withdrawn by h.com at any time without notice. If access data is provided to a user, it must be changed immediately to data known only to the user. The user is obligated to correctly and completely provide the data of the intended user of the access requested during the registration/registration of an account.

The transfer point for software and application data according to No. 4. is the router exit of the data center in which h.com operates the software.

3. Permitted use
The user receives the simple, non-exclusive, non-sublicensable and non-transferable, limited right to use the Octaved Flow software upon registration of a Free Plan account. Each account may only and exclusively be used by a named natural person (Named-User-Principle). The user commits himself and is liable for the fact that the recipient of the access data of an access uses these exclusively himself. The software is not transferred to the user. The user may only use the software for his own private and business activities. The user may not modify the software. In particular, he is not entitled to examine its functioning by means of so-called "reverse engineering", to decompile it, to disassemble it into its components and/or to use it as a basis for the creation of his own software programs. The user may not carry out any attacks or load tests on the software that would reasonably be expected to impair the performance of the software. The user is liable for ensuring that the software is not used for purposes that violate the law or official regulations or requirements or that corresponding data, in particular created and/or stored on the cloud server or locally.

4. Application Data
All data created during the permitted use of the provided software are application data. All rights to these are the exclusive property of the User. The user's application data will be deleted when the account is deleted. In this respect, there is no right of surrender. h.com regularly backs up the application data on the server.

5. technical requirements for access
The requirements depend on the respective system requirements, the necessary configuration of the required hardware and software on the part of the User (e.g. an Internet-capable computer with an Internet connection and a permissible current browser), and the telecommunications connection between the User and the computer center in which h.com operates the software. From the point of transfer (according to no. 2) the user bears the sole responsibility.

6. Intellectual Property
The User shall not be entitled to any rights not expressly granted to h.com in the applicable terms and conditions. This license agreement does not grant any ownership rights/intellectual property rights or similar rights to the Octaved Flow software. All intellectual property rights remain with h.com even if a license is purchased for a fee in accordance with this license agreement. Furthermore, the user is in particular not entitled to use the software beyond the agreed scope or to have it used by third parties or to make it accessible to third parties without written permission from h.com. In particular, it is not permitted to reproduce the software, to sell it or to make it available to third parties for a limited period of time, and especially not to rent or lend it.

7. legal consequences of violations and liability

If a user violates these terms and conditions by using a provided account, h.com may immediately block the access of all users of the account with prior notice in text form, if the violation can be demonstrably remedied. If a blocking has been ordered by the authorities to avert danger or to avert danger to h.com and its customers, notification will only be given after the blocking has taken place.

If a user with a provided access violates his obligations from No. 3, h.com may immediately delete the application data affected by this with prior notice in text form, if the violation can be demonstrably remedied by this. If the blocking was ordered by the authorities to avert danger or to avert danger to h.com and its customers, notification will only be made after the blocking. If a user violates the permissible use according to No. 3 with a contractually provided access and does not stop the violation within ten working days after a written warning by h.com, h.com may terminate the contract extraordinarily and without observing a period of notice. If a user culpably allows or accepts the use of his access by another person, a contractual penalty in the amount of twice the monthly usage fee for each unauthorized user shall be due immediately. We reserve the right to claim damages in excess of this amount; in this case, the contractual penalty shall be offset against the claim for damages. If the user collects, processes or uses personal data, he/she guarantees that he/she 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 he/she shall indemnify h.com against claims by third parties.

The maximum number of accesses and thus users of a registered Free Plan account is ten persons; the use of an access by more than one person is not permitted.

h.com networkers GmbH
Schäferstaße 4, 40467 Düsseldorf
www.hcom.de

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