End User License Agreement (EULA) of Use for Apps of YAVEON GmbH

Version as of: September 2023

01 | General

YAVEON GmbH, Schweinfurter Str. 9, 97080 Wuerzburg (hereinafter referred to as „YAVEON“ or „we“) grants you (hereinafter referred to as „user“ or „you“) the possibility to use the app („software“) according to its intended purpose on the basis of these terms of use.

You irrevocably accept the following terms of use. Any conflicting license conditions or general terms and conditions of business are not valid.

We reserve the right to revise and amend these terms of use. Changes will be deemed accepted by you if we do not receive a written objection within the reasonable period of time set by us and if you continue to use the App after the publication of the revised Terms of Use. We will notify you of this effect when we inform you of the changes.

These Terms of Use do not apply to Microsoft software or Microsoft Online Services. For the use of Microsoft Software and/or Microsoft Online Services, the conclusion of a contract between the customer and Microsoft is required, which can be mediated by YAVEON GmbH as authorized partner. It is explicitly pointed out that YAVEON shall not be responsible for downtimes or other interruptions of services in connection with the use of Microsoft software.

02 | Rights of YAVEON

All services and contents of the App, in particular all texts, logos, pictures, trademarks, graphics, artwork, animations, audio files and software enjoy legal protection, for instance on the basis of copyright, moral rights, on the basis of registered designs, on the basis of patent, trademark, labelling and design law, database law, on the basis of business secrets, data protection and secrecy rights as well as on the basis of other similar rights. YAVEON is either owner or licensee of all protective rights existing in the software and its contents or services. All rights shall remain with YAVEON. This also applies to all further developments of the software by the user.

03 | Right of use, warranty

YAVEON grants you a non-exclusive and non-transferable right of use of the software for the duration of the contract. A contract against payment according to these terms and conditions of use shall be concluded, if YAVEON accepts your offer to conclude a contract explicitly or impliedly.

Details concerning the contract (e. g. selected software, scope of functions, price, duration, services, etc.) shall result from the options chosen by the customer and the information provided by YAVEON in the order process or from the order form. The functions of the software and a description of the services shall result from the product description and, in particular, from the scope of functions specified in the order. For the contractually agreed quality of the software and services, the scope description shall be conclusively decisive, but not oral or written statements by YAVEON in the run-up to the conclusion of the contract.

The right of use is limited to the number and type of users you have licensed. You may not rent, lease, loan, sell, license, assign or otherwise transfer the right to use the Software to any third party. The rights of use granted do not include rights to the source code of the Software.

We make every effort to keep the software and the services that can be reached with it constantly available. In particular, maintenance, security or capacity concerns as well as events beyond our control (such as disruptions of public communication networks, force majeure, etc.) may lead to unavoidable disruptions or to the temporary discontinuation of the software or the services that can be accessed via it.

A compatible terminal device is required to use the software. For the system requirements for Business Central, see the Microsoft online documentation.

With the specification of performance data or other descriptions of the software, even if they refer to DIN, ISO and/or other standards, YAVEON shall not assume any guarantee for the quality of the software.

04 | Documentation, Software Updates

YAVEON provides the documentation of the software in the online help of the software. Further documentation can be purchased separately, also in other languages. In the relationship between the parties, all rights, claims and advantages resulting from such documentation shall remain with YAVEON, as well as in all copies, modifications and derived versions thereof, including – but not limited to – patent rights, copyrights, trade secrets, trademark rights and other rights of intellectual and non-intellectual property or ownership.

YAVEON offers software updates at irregular intervals, which are usually installed automatically. Only the latest version of the software allows access to new functionalities. A downgrade of new features to older software versions is not included in the delivery.

05 | Prohibition of changes to the software by the user

The user is prohibited from any alteration and/or modification of the software, unless the user has received a written consent from YAVEON GmbH. You undertake to refrain from determining the source code of the software. § 69e UrhG shall remain unaffected.

06 | Data backup and data loss

We do not assume any guarantee for the permanent storage of data transmitted to the user‘s terminal device in the course of using the services. The user shall ensure that all data within the user‘s sphere of influence is properly secured.

You are obliged to protect the access data from access by third parties. When registering, you are obliged to ensure that third parties cannot spy them out.

07 | Liability

YAVEON shall be liable without limitation for damages of the user only in so far as these are attributable to their intentional or grossly negligent behavior. In case of slightly negligent breaches of duty, YAVEON shall only be liable in case of a breach of one of its essential contractual obligations (cardinal obligation). Cardinal obligations are such obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the compliance with which the contractual partner regularly relies and may rely. In this case, the liability of YAVEON shall be limited to the user‘s direct damage that is typical for the contract and foreseeable at the time of conclusion of the contract. This shall also apply to breaches of duty by legal representatives and/or vicarious agents of YAVEON. The liability due to culpable injury of life, body or health shall remain unaffected by this limitation of liability. The liability according to the regulations of the product liability law remains unaffected. The limitations of liability in this section 8 shall also apply to claims against employees and agents of YAVEON. The liability of YAVEON shall be excluded as far as the user changes, modifies or intervenes in any other way with the software.

08 | Confidentiality

The products offered by YAVEON, including the software, the services and all manuals, data, documentation and other materials provided by YAVEON, contain essential components (e. g. algorithm and logic) that constitute confidential information and business secrets and are considered confidential information of YAVEON. The customer shall not pass on the confidential information of YAVEON to third parties and shall use the confidential information of YAVEON only in accordance with the contract.

09 | License rental (Subscription)

In the case of subscription, an increase in the ordered scope of use or a change to a higher service package is possible at any time with a new order; a reduction or change to a lower service package is only possible with effect from the end of the basic or an extension term. In the event of an increase in the ordered scope of use within the basic term or an extension term, the additional fees shall be invoiced proportionately. For the additional scope of use, the prices according to the then valid YAVEON price list shall apply.

Unless otherwise stipulated in the order, YAVEON shall invoice the user fee at the beginning of the contract and then at the beginning of each extension period.

The customer shall be obliged to pay all prices and fees listed in the order to YAVEON according to the agreed terms of payment. In principle, the prices do not contain any sales-, use-, value-, added- or other taxes (including the applicable withholding taxes); the payment of taxes shall  be the responsibility of the customer. All prices and fees shall be paid immediately and, in the currency, stated in the order, unless another payment term has been expressly agreed upon.

YAVEON shall be entitled to raise the user fee in an appropriate manner with effect at the end of a basic term or an extension term. YAVEON shall have to announce the increase in advance with a notice period of at least 30 calendar days. The customer may object to the increase within 14 calendar days after notification of the increase, in which case the contract shall end at the end of the basic term or extension term. If the customer does not object, this shall be deemed to be consent to the increase. YAVEON shall inform the customer of this effect of silence in the announcement.

10 | Telemetry Data on Business Central

The Contractor hereby consents to YAVEON collecting telemetry data for Business Central to improve the Apps developed and deployed by YAVEON and to validate the licensing status of those apps.

Telemetry data will be collected and stored within Microsoft Azure Application Insights. The telemetry data is collected anonymously to the greatest extent possible and does not include any personal data. It may include the following tenant-specific data:

  • Tenant ID
  • Environment related data
  • Client Name
  • Company Information
  • Number of licensed user
  • Installed Yaveon apps and app related technical information

A detailed list of the collected data can be found at https://learn.microsoft.com/en-us/dynamics365/business-central/dev-itpro/administration/telemetry-overview.

11 | Other terms, Severability Clause

The user is not entitled to use the software if he is on the list of Specially Designated Nationals of the U.S. Treasury Department or the Denied Persons List or Entity List of the U.S. Department of Commerce.

§ Section 377 HGB applies.

Should individual provision of these EULA be or become invalid in whole or in part, this shall not affect the validity of the remaining provision. The wholly or partially invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision in a legally permissible manner. The same applies to the filling of any contractual gaps.

12 | Applicable law, dispute resolution

The regulations of German law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods (CISG, United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980) is excluded.

Exclusive place of jurisdiction is Wuerzburg.

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