END-USER LICENSE AGREEMENT
Thank you for your interest in using our service "LeanIX Automation Platform - Demo Environment". Our service supports companies in trying out the Automation, Data Quality Management and Scripting feature of LeanIX Automation Platform before purchasing a license. Key functionality of the service is to allow the user to create a free-of-charge instance of LeanIX Automation Platform and to allow the user to run own LeanIX Console scripts (hereinafter the "Service"). The LeanIX Automation Platform instance adds new feature to the workspace linked to the API Token provided by the user. These features contain demo automations as well as data quality reports and a data quality reminder e-mail. In the LeanIX Console, the user can provide a LeanIX API token and a Python script via an input form, and the service will execute the script on the server side within the context of the user's LeanIX workspace linked to the API token, and to return the output of the script back to the user.
The Service uses server-side software to automatically detect the workspace based on the API token used, including a comprehensive Python module which provides functionalities to read and update LeanIX data and to execute functions within LeanIX (hereinafter the "Software").
For using the Service, you require a LeanIX workspace (any edition, except for the modules SaaS Management Platform and Value Stream Management V2) and an up-to-date internet browser such as Chrome or Firefox.
Below you will find the terms of Aronis GmbH, Louisenstr. 58, 61348 Bad Homburg, Germany (hereinafter the "Provider") for the use of the Service by you (hereinafter the "User").
BY CLICKING THE CHECKBOX "I AGREE TO THE END-USER LICENSE AGREEMENT", YOU AGREE TO ALL PARAGRAPHS WHICH MAKE UP THIS AGREEMENT. IF YOU DO NOT AGREE WITH A PARAGRAPH IN THIS AGREEMENT, PLEASE CANCEL THE PROCEDURE NOW. IN THIS CASE, THE USE OF THE SERVICE IS NOT PERMITTED.
§ 1 General Terms
(1) The following terms of the Provider (hereinafter: The "Terms") apply for the use of the Service.
(2) The Terms of the Provider are valid exclusively. Contrary, additional or deviating terms of the User are not part of the agreement, except if the Provider has explicitly agreed to their validity. The Terms of the Provider are also valid, if the Provider unconditionally executes a service in awareness of the contrary or deviating terms of the User.
(3) The Terms of the Provider are only valid if the User is registered trader or legal entity under public law or public special assets.
§ 2 Subject matter of the Terms
Subject matter of the Terms ist die provision of the Service for revocable use free of charge.
§ 3 Usage rights, illegal usage and legal consequences(1) The User receives simple, spatially unlimited, non-sublicensable and non-transferable rights of use to the Service, which may be revoked by the Provider at any time.
(2) The Provider is entitled to revoke the right to use the Service free of charge at any time.
(3) The User may not perform the following actions on the Software himself/herself or have them performed by third parties, unless expressly permitted by law: Correct errors in the Software, modify and/or adapt it, decompile, decrypt, disassemble. The User may not reverse engineer the Software, reconstruct or determine the source code or underlying ideas, algorithms, file formats and/or programming or interoperability interfaces of the Software or files contained therein or generated by it, or otherwise transcribe the Software into a human-readable form, nor pass the Software on to third parties (hereinafter "Illegal Use").
(4) For each case of illegal use, the User shall pay to the Provider a reasonable contractual penalty, the amount of which shall be determined by the Provider in its reasonable discretion and, in the event of a dispute, shall be reviewed by the competent court. The assertion or payment of the contractual penalty does not preclude the Provider from asserting a claim for injunctive relief or damages against the User in excess of the contractual penalty. A forfeited and paid contractual penalty shall be credited in full against such damages.
§ 4 Remuneration
The Service is made available to the User by the Provider within the context of non-productive LeanIX workspaces free of charge upon revocation. If the User wishes to use the Service with a productive LeanIX workspace, the Provider may ask the User to agree to be mentioned as a reference, or the Provider may revoke the right to use the Service.
§ 5 Monitoring of Software and Service
The Provider will monitor the use of the Service in order to ensure safe and proper operation and to detect misuse of the Service. In case of an unusual event, such as an error while executing the Service, the Provider may contact the User to understand and resolve the error. In this case, the Provider will use the e-mail address associated with the API token, or alternatively the e-mail address associated with the workspace.
§ 6 Further development of Software and Service
The User has no right to further development of the Software and the Service, but the provider is entitled to do so at any time.
§ 7 General liability of the Provider
(1) The liability of the Provider shall be governed by §§ 599, 600 of the German Civil Code. In the case of simple negligence, the provider is also liable for damages arising from injury to life, limb or health. The provisions of the Product Liability Act remain unaffected.
(2) Insofar as the liability towards the provider is excluded or limited, this also applies to the personal liability of its legal representatives and vicarious agents.
§ 8 Term, Termination
(1) The right of use may be terminated by the Provider in writing or in text form at any time.
(2) The right to extraordinary termination for good cause remains unaffected.
§ 9 Final provisions
(1) If the User is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the business relationship between the Provider and the User shall be Frankfurt. The Provider shall also be entitled to bring an action at the User's place of business as well as at any other permissible place of jurisdiction.
(2) The relations between the provider and the user are exclusively subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.
(3) Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.