General Terms and Conditions of Use and Licensing.
For mobile applications.
The licensor within the meaning of the following conditions is
Futuro Farming GmbH
Represented by the management: Mr. Alexander Zacharuk Mr. Daniel Kotter Mr. Jens Eckberg +49 (0) 941 46297790 firstname.lastname@example.org The above information also represents the fulfillment of the information requirements according to § 5 TMG.
2 Scope of application and order of precedence
The Licensor shall publish mobile applications (“Apps”) on platforms for mobile applications (“App Stores”) exclusively under the following conditions, irrespective of the obligation to pay a fee, the end device type, operating system, language, place of use or the context of use. The publication free of charge or the possibility of subscription does not release the user from the payment of fees, insofar as there is an obligation to pay on the basis of other agreements with the licensor. The use of the apps is – subject to deviating or supplementary regulations in individual cases – dependent on the acceptance of the following conditions (“License Conditions”). These terms and conditions govern the legal relationship between the user of the contractual software (“Licensee”) and the Licensor (collectively: “The Parties”). Insofar as the Parties have made other agreements regarding the use of mobile applications, these shall take precedence over the following provisions.
3 Conclusion of the agreement
This agreement is concluded by the Licensee’s acceptance after installation and before commencement of use of the App. It is concluded for an indefinite period, subject to deviating provisions in other agreements between the parties. If the Licensee does not agree with the following terms and conditions, he/she must refrain from using the App. The terms and conditions shall also apply to future updates or new versions of the software, unless otherwise agreed.
4 Changes of the license conditions
The Licensor may amend the License Terms at any time and shall notify the Licensee of the amendment to the License Terms by means of a corresponding insertion following a change to the License Terms, in the event of updates or a version change. Alternatively, the Licensor may notify the Licensee of a change in the terms and conditions of the License in a suitable manner (usually in text form) at least one month before the change comes into effect. Within the scope of this notice, the Licensor shall make special reference to the changes to the terms and conditions of use and to the possibility of objection and termination, the deadlines and the legal consequences, in particular with regard to a failure to object. The Licensee has the right to object to changes within one month after publication and possibility of knowledge to the Licensor. In the event of a timely objection, both parties shall be entitled to terminate the user agreement extraordinarily. If the adjustment is reasonable, the Licensee shall remain obligated to pay the agreed fee despite its termination. Other rights of termination shall remain unaffected. If the Licensee does not object within the objection period or continues to use the services thereafter, the change or amendment shall be deemed accepted. These License Terms may be viewed and printed out or stored on a permanent data carrier at any time, but in particular prior to downloading the App by the Licensee via the Licensor’s website or in the respective App store.
5 Age limit
6 Granting of rights of use (license)
6.4 MIT License Where “MIT” is shown in the above table, the following license text applies. The information <YEAR> and <COPYRIGHT HOLDER> are also to be taken from the above table. Copyright <YEAR> <COPYRIGHT HOLDER> Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
6.5 The Apache License 2.0 If “Apache-2.0” is shown in the table above, the following license text applies. Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. “License” shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. “Licensor” shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. “Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. “You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by this License. “Source” form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. “Object” form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. “Work” shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). “Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. “Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.” “Contributor” shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: You must give any other recipients of the Work or Derivative Works a copy of this License; and You must cause any modified files to carry prominent notices stating that You changed the files; and You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and If the Work includes a “NOTICE” text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS
7 Technical requirements / updates
The Licensee is solely responsible for fulfilling the technical requirements for use. In order to use the software, the Licensee requires a terminal device that meets the applicable system and compatibility requirements for the corresponding version of the software. The Licensor provides system requirements and compatibility information to the best of its knowledge. Due to the large number of conceivable combinations of end devices, operating systems, network operators and hardware components, it is not possible for the Licensor to check and ensure the operability of the App in all constellations. The App can automatically download and install software updates to eliminate any program errors (so-called patches or bug fixes). The functionality and the scope of services are usually not changed by such updates.
8 Data protection
The Licensor may also send notifications to the Licensee by means of electronic communication services (e.g. push messages, e-mail, SMS) as part of the execution of the Application. These may contain general information (e.g. about available updates) as well as user-specific messages (e.g. warnings, reminders, recommendations). The licensee can freely configure the display of messages via the operating system of its end device.
10 Warranty and liability
The Licensor points out that its Apps are generally state of the art, but that absolute freedom from errors cannot be guaranteed. The Licensor is generally interested in providing an App that is as error-free as possible. The Licensor may provide a workaround in individual cases – even for a longer but reasonable period of time. A defect shall only be deemed to exist if an error in the software no longer allows it to be used as intended. In the case of free Apps, the Licensor shall not assume any warranty for the proper functioning and permanent availability of the application. Any liability for damages on the part of the Licensor and its bodies, employees and vicarious agents arising from or in connection with the provision of free apps, irrespective of the legal grounds, shall be limited, to the extent permitted by law, to cases of intent or gross negligence. In the case of paid Apps as well as App functionalities that are offered and/or advertised as a product feature in connection with hardware products distributed by the Licensor or its partners, the statutory warranty provisions shall apply. Decisive is always the intended use. Liability for damages resulting from injury to life, limb or health and from the breach of essential contractual obligations shall not be limited, nor shall liability in accordance with the Product Liability Act. In all other respects the Licensor shall only be liable in cases of gross negligence and intent and in other cases only for damage typical of the contract to a foreseeable extent. The above provisions do not imply any change in mandatory statutory rules on the burden of proof to the detriment of the Licensee.
11 Service level agreement
Unless otherwise provided for in other agreements with the Licensee, the Licensor guarantees availability of online functions of the App outside a maintenance window between 2 a.m. and 5 a.m. CET for chargeable functions. Within the aforementioned time frame, the guaranteed availability is 95% on an annual average. Times during which the servers are unavailable due to causes beyond the control of the Licensor shall be disregarded if the causes of the unavailability are beyond the control of the Licensor (e.g. force majeure, fault of third parties, etc.). The Licensor may restrict online functions if the security of system operation, the maintenance of system integrity, and in particular the avoidance of serious disruptions to the overall system or network so require; these times shall also not be taken into account in the calculation of the guaranteed accessibility. The provisions of the above liability provisions shall remain unaffected.
12 Final provisions