Terms & Conditions for Products

1. TERMS AND CONDITIONS

1.1. LICENSE GRANT

The product license can be used for the sole purpose of the defined scope, any other use is strictly prohibited.

The license is a single user license and can only be installed on a single workstation; it will be granted to only one customer which should be designated at order time.

1.2. LICENSE TERM

The product licence is awarded for a period like defined in chapter 1.

This license may be renewed upon mutual agreement of the parties, subject to the terms and conditions set forth in a separate renewal agreement.

Either party may terminate this license upon written notice if the other party breaches any material term or condition of this agreement, and such breach remains uncured for a period of 30 days after written notice of the breach.

Upon termination of this license, the licensee shall immediately cease all use of the Software and, at the licensor's option, either return or destroy all copies of the Software in its possession or control.

Automators reserves the right to apply an index-based adjustment of the pricing after the period of three years.

1.3. USAGE RESTRICTIONS

It is not permitted to rent, lease, or lend the software to others without AUTOMATOR's explicit consent.

The license is non-transferable and cannot be sublicensed to third parties without the explicit written consent of AUTOMATORS.

The software should be used only within the scope defined by the license agreement.

To ensure the integrity and stability of the original software, it is not allowed to modify, adapt, or create derivative works based on the software.

1.4. DELIVERY AND ACCEPTANCE

CUSTOMER shall be deemed to have accepted the software upon successful delivery and installation on the designated hardware or system.

Acceptance is contingent upon the software meeting the specified functionality as described in section Error! Reference source not found. and any mutually agreed-upon specifications.

CUSTOMER shall notify AUTOMATORS of any errors, bugs, or defects in the software within 5 days of discovery. AUTOMATORS shall remedy such issues within a reasonable time frame.

If subsequent changes to the functional scope are desired, these must be submitted to AUTOMATORS in writing. AUTOMATORS will provide a cost estimate for this, whereby the adjustment will be made on a time and material basis and will be charged separately.

1.5. SERVICE DELIVERY

The Coordination and Steering is being done by the mentioned contacts in Chapter 1, if not defined differently during the project. Customer agree on delivering times of 9am to 6pm CET.

1.6. STAFFING

Automators may select its own personnel as well as personnel from selected partner companies. In every case Automators will remain Customer's sole contractual partner. In order to best respond to Customer's needs, Automators reserves the right to replace personnel already deployed at any time according to expertise, focus areas or roles.

1.7. SCHEDULING

Automators requires a lead time which is agreed with the Customer. Automators will ensure that lead times for requested service packages are kept to a minimum. All services delivery dates will be planned and agreed upon in cooperation between the parties.

1.8. PARTICIPATION OF THE CUSTOMER

For the mentioned service items in this Agreement, a participation of CUSTOMER is assumed. CUSTOMER will also provide the required environment (VM, accesses, users, etc.) to enable implementation and collaboration in Customer's system landscape.

1.9. INVOICING MODALITIES

Billing will be carried out as specified. Based on the information available, Automators have created the following packages and broken them down into the respective service details.

No travel costs or expenses will be charged if the services are performed at Automators' locations or at the consultant's home office. In the case of business travel to a CUSTOMER location arranged by CUSTOMER, travel expenses will be reimbursed.

Services provided at Automators offices will be charged on an hourly basis. In this instance Automators will not charge any additional expenses.

The invoiced amount is to be transferred to the bank account of Automators indicated on the invoice.

Invoices are payable 30 days net after receiving of invoice.

All prices quoted are exclusive of value added tax at the current rate.

1.10. NON-SOLICITATION

CUSTOMER agrees not to solicit any employees or consultants of AUTOMATORS during the term of this Agreement and for a period of at least one year after termination of this Agreement.

AUTOMATORS agrees not to solicit any employees or consultants of CUSTOMER, nor to contract directly with the designated end customer for the same period.

1.11. CONFIDENTIALITY OF THE OFFER

NON-DISCLOSURE AGREEMENT signed between Automators and Customer (see chapter 1).

1.12. COPYRIGHT

Since this project is a customization of a generic product developed by AUTOMATORS, AUTOMATORS retains all rights to the source code of the generic product and the ability to further develop and sell it to third parties.