Conditions of contract
§ 1 Contracting Parties; Scope
(1) The Fraunhofer Gesellschaft zur Förderung der angewandten Forschung e.V., registered in the register of associations of the local court of Munich to register no. VR 4461, Hansastraße 27c, 80686 Munich, Germany ("Fraunhofer") is active in the field of application-oriented research and has developed certain software ("Software") that it offers online access to third parties ("Licensees") who are not consumers.
(2) These General Terms and Conditions of Business and License ("Contractual Conditions") of Fraunhofer apply exclusively and govern the contractual relationship between Fraunhofer and the Licensee with regard to the use of the Software. The contractual conditions become part of the contract with the use of the software.
(3) Fraunhofer services for the software, be it support, maintenance or update services, are not subject to the contract, but can be commissioned on the basis of a separate agreement with Fraunhofer.
§ 2 Subject matter of the contract; Surrender
(1) The software "Mindboost" enables the creation of an adaptive, harmonic soundscape to reduce acoustic disturbances in the office through an automatically generated masking signal.
(2) A more detailed specification of the program's features, as well as the current system requirements, can be found on the website. Fraunhofer supplies the software according to the specification. The agreed quality of the software results significantly from the description of the software. Fraunhofer does not owe any further quality of the software.
§ 3 License types
(1) The license, which is free of charge as part of the beta test, is made available to the user for free access. Commercial use is not permitted.
§ 4 Transfer of the software to third parties
(1) The licensee is not entitled to rent, lease or otherwise commercially transfer the contractual software to third parties.
(2) Resale of the software is not permitted.
§ 5 Changes to the Contractual Software, Further Developments
(1) Changes to the software by the user that go beyond the intended adaptations of the contractual software to his individual needs described in the accompanying documents are subject to the following provisions:
(I) The modification, editing, decompilation, disassembly and reassembly and other modifications of the contractual software as well as the duplication of the results of such work by the licensee are not permitted. Any kind of reverse engineering of production stages of the software is not permitted.
(II) Should the user otherwise wish to make changes, modifications, processing or adaptations to the contractual software, Fraunhofer offers to conclude independent contracts.
(2) Fraunhofer is entitled to all further developments of the Contractual Software insofar as these are based exclusively or predominantly on developments by Fraunhofer.
§ 6 Liability for material defects
(1) Fraunhofer assumes no liability for material defects for software provided free of charge.
§ 7 Liability
(1) Fraunhofer is not liable for damages caused by software provided free of charge.
§ 8 Type and scope of support
(1) The use of "Mindboost" does not entitle you to receive support.
§ 9 Data protection
(1) The parties comply with the applicable data protection regulations.
(2) In addition, reference is made to the content of Fraunhofer's data protection declaration, which the licensee can view and download under https://www.ibp.fraunhofer.de/de/datenschutzerklaerung.html.
§ 10 Final provisions
(1) This contract is subject exclusively to the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) Changes and additions to this contract must be made in writing. This also applies to a change in this written form requirement.
(3) This Agreement, together with references and appendices, contains all agreements relating to the subject matter of this Agreement and supersedes all prior provisions agreed between the parties with respect to the subject matter of this Agreement. No ancillary agreements to this contract have been made.
(4) Should any provision of this contract be or become invalid, invalid or unenforceable in whole or in part, the remaining provisions shall remain valid. The parties agree to replace the invalid, ineffective or unenforceable provision with a valid, effective and enforceable provision that most closely corresponds to the economic interests of the parties. This also applies in the event of a gap in the contract.
(5) The place of performance is the registered office of Fraunhofer in Munich, Germany. The risk shall pass to the licensee as soon as Fraunhofer has handed over the software.
(6) The German version of the contract is binding.
