Terms of use for the product Integration Server

Published at: 4th January, 2024

General

  1. These Terms of Use apply to the software ComZam Integration Server („Integration Server“) including the user documentation between ComZam Datentechnik GmbH („Manufacturer“) and the respective users („User“).
  2. The Terms of Use also apply to the provision of new program versions of the Integration Server (e.g. patches, updates, etc.) as well as to the user documentation made available on the ComZam website.
  3. The Terms of Use apply exclusively. Deviating agreements must be made in writing and shall only apply if the manufacturer has expressly agreed to them in writing.
  4. With the user’s consent to these Terms of Use, a contract is concluded between the manufacturer and the user for the use of the Integration Server application.

Software usage

  1. The Integration Server application is available for purchase. The application and its user documentation are provided by the manufacturer via download.
  2. All rights to the software belong exclusively to the manufacturer and its respective licensors. The software is protected by copyright law and international treaties for the protection of intellectual property.
  3. The program is provided without source code in executable form.
  4. The user is granted the non-exclusive and non-transferable right to use the Integration Server application. Any further use, in particular the processing, distribution and public access of the application is not permitted without the prior written consent of the manufacturer.
  5. The user may only make changes and enhancements to the Integration Server with the written consent of the manufacturer. The manufacturer points out that even minor changes can lead to significant, unforeseeable disruptions in the operation of the Integration Server.
  6. The user is not permitted to decompile the Integration Server application, reverse engineer the software or perform any action that leads to the disclosure of the source code.
  7. The Integration Server software contains third-party software components that are licensed differently as open source projects. The respective open source licenses apply to the projects. Below are the included open source projects.
  8. The user has the obligation to back up data and to defend against malware according to the current state of the art.

Disclaimer of warranty

  1. The manufacturer provides the Integration Server application on an „as is“ basis. The manufacturer makes no warranties, express or implied, of any kind, of freedom from legal defects, merchantability, and fitness for a particular purpose. In addition, the manufacturer does not guarantee that the software meets the user’s requirements or is available securely and error-free, that the results obtained through the use of the Integration Server are correct or reliable, that the quality of the software meets the user’s expectations, or that errors or defects in the software will be corrected.
  2. The user uses Integration Server at his own discretion and risk and is solely responsible for any damage to the user’s computer system or loss of data as a result of using the Integration Server application or accessing the application. The manufacturer excludes any liability for claims arising from the use of the Integration Server application by the user.
  3. In any case, the user is obliged, before using the Integration Server application productively, to test it with regard to the basic functionalities using test data.

Limitation of liability

  1. The manufacturer assumes no liability to the user or third parties for loss of use, loss of data, loss of non-material nature or loss of profit, special, incidental or indirect damages or consequential damages or aggravated damages of any kind, including damages resulting from loss of use, data or profits.
  2. In addition to liability for damage to life, limb and health caused by gross negligence or intent on the part of the manufacturer, the manufacturer shall not be liable for damages incurred by the user directly as a result of the use or inability to use the Integration Server.

Applicable law

  1. The provision of the Integration Server application and all related legal relationships between the manufacturer and the user shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. In the case of contracts with merchants, the exclusive place of jurisdiction for all legal disputes arising from or in connection with this contract is the registered office of ComZam Datentechnik GmbH, Berlin, Germany. The manufacturer is also entitled to sue at the user’s general place of jurisdiction.

Final provisions

  1. Changes and additions to these Terms of Use must be made in writing in order to be effective. The written form requirement is not complied with by e-mail or other electronic communication. Furthermore, the written form requirement can only be waived in writing.
  2. Should individual provisions of these Terms of Use be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a provision shall be deemed to have been agreed which comes as close as possible to the economic purpose of the invalid provision. The same applies in the event that these Terms of Use are incomplete.
  3. Insofar as translations of these Terms of Use are made into other languages, only the German version remains the legally binding.