1.1 Subject of the contract
Business-Logics provides you with a free version of the software for evaluation purposes for the period.
1.2 Functional scope
The software is used to transfer files to or from banks using the EBICS standard. Files sent to the bank can be signed according to banking rules. Payment files that are sent by banks using the software initiate the processing steps and payments directly agreed with you. Files that are sent to the demo access of the BL Banking Server on
www.bankrechner.org do not initiate any banking transactions.
For the provision of demo functionality in connection with the test installation of the BL Banking Server on
www.bankrechner.org, payment data files sent to the banking server — including payee information (name, IBAN) and all other data fields, in particular, but not limited to, the amount and intended purpose — are processed and provided in account statements and payment notifications, amongst others.
The data is provided to all demo accounts and demo users of the test bank server, regardless of the submitter of the payment data. The users of the software are responsible for ensuring that the transmission, storage and processing of data, in particular the provision of account statements or notifications, does not violate applicable law, in particular, but not limited to, the GDPR. This includes above all the exclusive use of this service for test data or data in pseudonymised form.
The software is delivered by providing system-specific installation programs as a download link. The platform-specific download links are sent by email to the email stated by the licence user. If a licence code is required to use the program, this is also included in the email.
3. Granting of rights
Business-Logics grants the licence user the simple, non-exclusive right to install the software for evaluation purposes for the period of 20 days on any number of computers and to use it for the same period.
Transfer of the program requires the consent of the licensor.
3.2 Copyright notes
Copyrights and other protection right notes within the software provided may not be removed or modified. They are to be transferred with each copy.
The software is provided for evaluation purposes free of charge.
5. Material and legal defects
YOU ARE AWARE THAT THE SOFTWARE IS PROVIDED IN ITS CURRENT VERSION AND WITHOUT EXPLICIT OR IMPLICIT GUARANTEES. IF PERMISSIBLE UNDER THE APPLICABLE LEGISLATION, THE LICENSOR MAKES NO ASSURANCES OR GUARANTEES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT RESTRICTED TO THE MARKET READINESS OR SUITABILITY FOR A PARTICULAR PURPOSE AND ALSO IN NO WAY GUARANTEES THAT THE SOFTWARE DOES NOT TO INFRINGE ANY PATENT RIGHTS, COPYRIGHTS, BRANDS OR OTHER RIGHTS. NEITHER THE LICENSOR NOR ANOTHER PARTY GUARANTEES THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE MEET YOUR REQUIREMENTS OR OPERATING THE SOFTWARE WILL BE UNDISTURBED OR ERROR-FREE.
6. No error tolerance
THE SOFTWARE MAY CONTAIN TECHNOLOGY THAT DOES NOT TOLERATE ERRORS AND HAS NOT BEEN DESIGNED AND IS NOT INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS WHERE A FAILURE OF THE LICENSED SOFTWARE CAN RESULT DIRECTLY IN DEATH, INJURIES, SERIOUS PHYSICAL DAMAGE, ENVIRONMENTAL DAMAGE OR FINANCIAL LOSS.
7. Liability restriction
IF PERMITTED BY LAW, THE LICENSOR, THE SOFTWARE SUPPLIER OF THE LICENSOR OR ITS RELEVANT SUBISIDIARIES ARE NOT LIABLE IN ANY CIRCUMSTANCES FOR THE LOSS OF PROFITS, INCOME, REVENUES, DATA OR COSTS FOR OBTAINING REPLACEMENT GOODS OR SERVICES, MATERIAL DAMAGE OR PERSONAL INJURY, BUSINESS INTERRUPTIONS, THE LOSS OF CORPORATE INFORMATION OR FOR ACTUAL DAMAGE INCURRED, DIRECT OR INDIRECT DAMAGE, SUBSEQUENT DAMAGE OR ECONOMIC DAMGE, COVERAGE DAMAGE, PUNITIVE DAMAGES, ACTUALLY INCURRED DAMAGE OR SUBSEQUENT DAMAGE, WITHOUT TAKING ACCOUNT OF THE CAUSE AND NOTWITHSTANDING WHETHER THIS WAS CREATED FROM THE CONTRACT, TORT, NEGLIGENCE OR ANOTHER REASON FOR LIABILITY OR THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE LICENSEE OR ITS SOFTWARE SUPPLIERS WERE INFORMED OF THE POTENTIAL FOR SUCH DAMAGE. AS SOME COUNTRIES/STATES/JURIDICTIONS DO NOT PERMIT THE EXCLUSION OR RESTRICTION OF LIABILITY, BUT RATHER PERMIT RESTRICTED LIABILITY, THE LIABILITY OF THE LICENSEE, ITS SOFTWARE SUPPLIERS AND THEIR RELEVANT SUBSIDARIES AND EMPLOYEES ARE RESTRICTED ACCORDING TO THE JUDGEMENT OF THE LICENSOR TO REIMBURSING THE PURCHASE PRICE MINUS AN APPROPRIATE AMOUNT FOR THE USE.
None of the provisions included in this contract adversely affect the statutory rights of a party who acts as a consumer. No part of this contract restricts the liability of the licensor to you in the event of death or physical injury caused by the licensor's negligence if such a restriction is prohibited by law.
8. Export provisions
The software is subject to the export provisions of the Federal Republic of Germany and the European Union.
You declare your consent with regard to downloading, installing and/or using the software to complying with all of the requirements and all applicable international and national laws and provisions, including but not restricted to the applicable import and usage restrictions.
This agreement shall be governed by German law.
Should individual provisions of this agreement be held invalid or ineffective either in whole or in part, the validity of the remaining provisions is not thereby affected. The same applies if it becomes apparent that the contract is missing a provision.