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demandPlus+ End-User License Agreement (EULA)

demandPlus+ for Microsoft Dynamics 365 Business Central

Copyright (c) 2018 Brenkel Solutions GmbH

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using demandPlus+ for Microsoft Dynamics 365 Business Central(“Software”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Brenkel Solutions GmbH your use of demandPlus+ for Microsoft Dynamics 365 Business Central indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Brenkel Solutions GmbH grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use demandPlus+ for Microsoft Dynamics 365 Business Central in accordance with this Agreement and any other written agreement with Brenkel Solutions GmbH. Brenkel Solutions GmbH does not transfer the title of demandPlus+ for Microsoft Dynamics 365 Business Central to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Brenkel Solutions GmbH and the purchasers or users of demandPlus+ for Microsoft Dynamics 365 Business Central.

If you do not agree to be bound by this agreement, remove demandPlus+ for Microsoft Dynamics 365 Business Central from your computer now and, if applicable, promptly return to Brenkel Solutions GmbH by mail any copies of demandPlus+ for Microsoft Dynamics 365 Business Central and related documentation and packaging in your possession.

2. DISTRIBUTION

demandPlus+ for Microsoft Dynamics 365 Business Central and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of demandPlus+ for Microsoft Dynamics 365 Business Central contact Brenkel Solutions GmbH.

3. USER AGREEMENT

3.1 Use

Your license to use demandPlus+ for Microsoft Dynamics 365 Business Central is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of demandPlus+ for Microsoft Dynamics 365 Business Central.

3.2 Use Restrictions

You shall use demandPlus+ for Microsoft Dynamics 365 Business Central in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of demandPlus+ for Microsoft Dynamics 365 Business Central together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of demandPlus+ for Microsoft Dynamics 365 Business Central may be used on one single computer location by one user. Use of demandPlus+ for Microsoft Dynamics 365 Business Central means that you have loaded, installed, or run demandPlus+ for Microsoft Dynamics 365 Business Central on a computer or similar device. If you install demandPlus+ for Microsoft Dynamics 365 Business Central onto a multi-user platform, server or network, each and every individual user of demandPlus+ for Microsoft Dynamics 365 Business Central must be licensed separately.

You may make one copy of demandPlus+ for Microsoft Dynamics 365 Business Central for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of demandPlus+ for Microsoft Dynamics 365 Business Central . The assignment, sublicense, networking, sale, or distribution of copies of demandPlus+ for Microsoft Dynamics 365 Business Central are strictly forbidden without the prior written consent of Brenkel Solutions GmbH. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of demandPlus+ for Microsoft Dynamics 365 Business Central. If any person other than yourself uses demandPlus+ for Microsoft Dynamics 365 Business Central registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile demandPlus+ for Microsoft Dynamics 365 Business Central. Nor can you create any derivative works or other works that are based upon or derived from demandPlus+ for Microsoft Dynamics 365 Business Central in whole or in part.

Brenkel Solutions GmbH’s name, logo and graphics file that represents demandPlus+ for Microsoft Dynamics 365 Business Central shall not be used in any way to promote products developed with demandPlus+ for Microsoft Dynamics 365 Business Central . Brenkel Solutions GmbH retains sole and exclusive ownership of all right, title and interest in and to demandPlus+ for Microsoft Dynamics 365 Business Central and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of demandPlus+ for Microsoft Dynamics 365 Business Central, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Brenkel Solutions GmbH.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Brenkel Solutions GmbH , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Brenkel Solutions GmbH’s Software.

In no event (including, without limitation, in the event of negligence) will Brenkel Solutions GmbH , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, demandPlus+ for Microsoft Dynamics 365 Business Central or the use or inability to use demandPlus+ for Microsoft Dynamics 365 Business Central or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Brenkel Solutions GmbH’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Brenkel Solutions GmbH ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Brenkel Solutions GmbH.

3.5 Warranties

Except as expressly stated in writing, Brenkel Solutions GmbH makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of demandPlus+ for Microsoft Dynamics 365 Business Central and destroy all copies of demandPlus+ for Microsoft Dynamics 365 Business Central supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY demandPlus+ for Microsoft Dynamics 365 Business Central AS WELL.

5. CONSENT OF USE OF DATA

You agree that Brenkel Solutions GmbH may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to demandPlus+ for Microsoft Dynamics 365 Business Central.Brenkel Solutions GmbH may also use this information to provide notices to you which may be of use or interest to you.