End-user Licence Agreement (EULA) relating to the use of unitop User
Please read this EULA carefully before completing the installation process and before using unitop User. The installation process contains a licence to use unitop User and the EULA contains warranty information and limitations of liability.
This End-user Licence Agreement (hereinafter: "EULA") is a legal agreement between yourself and GOB Software & Systeme GmbH & Co. KG.
We reserve the right to refuse to provide the service offered to any person at any time and for any reason whatsoever.
This EULA regulates the use, by you, of our unitop User software and the acquisition of the software directly from GOB Software & Systeme GmbH & Co. KG or indirectly via a reseller or distributor authorized by GOB Software & Systeme GmbH & Co. KG (hereinafter: a "Reseller").
If you register for a free trial version of unitop User, this EULA will also apply to that trial version. By clicking on "Accept" or by installing and/or using unitop User, you are confirming that you have read this EULA, have understood it and agree to be bound by the conditions of this Agreement.
When concluding this EULA on behalf of your company or another legal entity, you are declaring that you have the power to commit that company and its affiliated companies to adhere to these conditions. If you do not have that power or if you do not agree with the conditions in this EULA, do not install or make use of the software.
This EULA only applies to the software supplied by GOB Software & Systeme GmbH & Co. KG, regardless of any references to or descriptions of other software it may contain. Unless otherwise stated at the time of delivery, the conditions also apply to updates, expansions, internet-based services and support services provided for the software by GOB Software & Systeme GmbH & Co. KG.
Issuing of licences
GOB Software & Systeme GmbH & Co. KG hereby grants you a personal, non-transferable and non-exclusive licence to use the software known as unitop User on your devices in accordance with the conditions contained in this EULA.
You are allowed to load the unitop User software (on a PC, laptop, mobile phone or tablet under your own control). It is your responsibility to make sure that your device fulfils the minimum requirements to enable unitop User to operate.
The unitop User software is an add-on for Microsoft Dynamics 365. You are obliged to acquire the right to use Microsoft Dynamics 365 from GOB Software & Systeme GmbH & Co. KG or from another partner. GOB Software & Systeme GmbH & Co. KG must be the partner of record for the part of the solution involving Microsoft Dynamics 365.
The number of unitop Users to be licensed must correspond to the number of users of Microsoft Dynamics 365.
Any use extending beyond the contractually agreed scope will constitute a breach of contract. In such cases, you are obliged to inform GOB Software & Systeme GmbH & Co. KG of such excess use without delay.
For the period of excess use, you are obliged to pay compensation for that excess use in accordance with the current price lists.
It is not permitted to:
The licence granted in connection with this Agreement is issued to the user on a personal basis and any attempt by the user to assign rights, duties or obligations arising from this Agreement will cause this Agreement to be terminated.
This EULA enters into force from the date on which the software is enabled at Microsoft in your name and will continue to apply until terminated. The monthly subscription will be extended automatically until you state, in writing, that you wish to terminate the subscription. The fee will fall due for payment at the start of the contract period and payment will be taken by direct debit.
The prices of our products may change and we will notify you of any changes 30 days in advance.
Intellectual property and ownership
GOB Software & Systeme GmbH & Co. KG will, at all times, retain ownership of the software as originally downloaded by you and of all subsequent versions downloaded by you. The software (and the copyright and other intellectual property rights of any type whatsoever that are associated with it, including all modifications made thereto) are and will remain the property of GOB Software & Systeme GmbH & Co. KG.
Liability for material faults and defects of title
Technical data, specifications and other descriptions of services that form part of public statements, especially in advertising, constitute a declaration as to the quality of the product. The functionality of the solution is governed by the description of the solution that can be viewed on the website of GOB Software & Systeme GmbH & Co. KG and by any additional agreements made in that regard. Claims concerning faults or defects are subject to a limitation period of twelve months, unless the defect was maliciously concealed. In order to be valid, claims concerning faults or defects must be notified to GOB Software & Systeme GmbH & Co. KG in text form within one week after they are first detected. Supplementary performance will take place at the discretion of GOB Software & Systeme GmbH & Co. KG and will consist of rectifying the fault or supplying a fault-free solution. This may also involve supplying you with a more recent version of the software that possesses all of the quality characteristics required under this Agreement and will not unduly impede your use of the solution when compared to the quality we are required to provide under the terms of this Agreement. GOB Software & Systeme GmbH & Co. KG will not bear any liability if you have made any changes to the goods and services provided by GOB Software & Systeme GmbH & Co., unless those changes had no effect on the occurrence of the fault. GOB Software & Systeme GmbH & Co. KG will also bear no liability for the suitability of the solution in relation to the IT systems and/or the requirements of your business operations. You must assist GOB Software & Systeme GmbH & Co. KG in identifying and rectifying the fault and must allow the company to verify documents indicating the precise circumstances in which the fault occurred. GOB Software & Systeme GmbH & Co. KG does not accept any liability whatsoever in relation to any software from third-party suppliers that is installed by you and is required in order to make use of the software.
You can terminate the EULA at any time by notifying GOB Software & Systeme GmbH & Co. KG in writing.
Once the notice of termination is received from the user, the licence and the user's access to the solutions will end on the final day of the contractual term.
If you fail to adhere to any of the provisions of this EULA, the contractual relationship will be terminated with immediate effect. Once termination has taken place in this way, the licences granted to you by means of this EULA will end with immediate effect and you therefore agree to cease accessing and making use of the software. The provisions, which by their nature will continue to exist and to apply, will remain in place even after this EULA has been terminated.
This EULA and all disputes arising from it or in connection with it are subject to and will be interpreted in accordance with German law.