License Agreement

last update 2020-03-26

This document contains multiple licensing agreements:

(A) End User License Agreement for BRAVIS International video conference software
(B1) Update and support contract until 2018-05-31
(B2) Update and support contract from 2018-06-01

This product was created by BRAVIS International GmbH.

(A) End User License Agreement for BRAVIS International video conference software

This BRAVIS End User License Agreement (“EULA”) is a valid contract between you (either a natural or a legal person) and BRAVIS International GmbH on the above BRAVIS software product, comprising computer software and any related media, printed material and documentation in an online or electronic form (“SOFTWARE PRODUCT”).

The SOFTWARE PRODUCT also includes any and all updates and add-ons to the SOFTWARE PRODUCT originally delivered by BRAVIS International GmbH. Any software delivered together with the SOFTWARE PRODUCT which includes a separate end user license agreement shall be licensed according to the provisions of such license agreement. By installing, copying, downloading, accessing or using the SOFTWARE PRODUCT in any other way, you declare being in agreement with being bound by the provisions of this EULA.

In case you do not agree with the provisions of this EULA, you shall not be entitled to install or use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is bound both by copyright and international copyright contracts and by other laws and agreements on intellectual property. The SOFTWARE PRODUCT is being licensed and not sold.

1 GRANTING OF THE LICENSE
This EULA grants you the following rights:

1.1 Application software
You are entitled to install, use, access or interact (“EXECUTE”) with a copy of the SOFTWARE PRODUCT or an earlier version in any other way for the same operating system on a single computer, workstation, terminal, portable PC or any other digital electronic device (“COMPUTER”).

1.2 Subject matter of the agreement

(1) The company BRAVIS International GmbH, Calauer Str. 70, 03048 Cottbus (hereinafter referred to as: Licensor) leases/loans the SOFTWARE PRODUCT to Licensee for the term of this agreement
(2) The SOFTWARE PRODUCT is a videoconference software that enables Licensee to hold videoconferences. The quality of the software shall be finally defined by the specifications valid at the moment of conclusion of the agreement and available to Licensee. Licensor shall not owe any quality of the SOFTWARE PRODUCT beyond these specifications. Licensee can particularly not derive any such obligation from other presentations of the software in public comments or advertising of Licensor or their employees or resellers unless Licensor has expressly confirmed the quality beyond these specifications in writing.
(3) Licensee shall receive the SOFTWARE PRODUCT including user documentation ready for installation in the object code. Licensor is not obliged to disclose the source code of the SOFTWARE PRODUCT.
(4) This agreement shall not apply to any third-party software implemented in the SOFTWARE PRODUCT (hereinafter referred to as: third-party software), such as certain program libraries. This third-party software shall be subject to the terms of license provided with the third-party software.

1.3 Parts of the contract
(1) The following elements shall be deemed parts of the contract in descending order:
* this contract
* the General Terms and Conditions of Business of BRAVIS International GmbH as amended as a supplement.
(2) Both the General Terms and Conditions of Business and the licensing agreements are available at our homepage bravis.eu and can be downloaded.
(3) Any other terms and conditions of business are excluded unless this contract specifically states anything to the contrary.

1.4 Installation, counselling, completions of the software
(1) Licensee shall receive the SOFTWARE PRODUCT on a data carrier including documentation or via download to a suitable medium.
(2) The installation of the SOFTWARE PRODUCT shall be performed by Licensee.
(3) Licensor shall owe consultancy services only if this is agreed upon expressly and separately. Any consultancy services to be rendered, as may be the case, must be financed by Licensee separately according to Licensor’s current price list.
(4) Any adjustments and/or amendments of the SOFTWARE PRODUCT as well as the creation of interfaces to third-party software by Licensor will only be owed if and to the extent they are required to maintain and/or repair the software and/or to ensure the use of the software in accordance with the terms of the agreement. Apart from that, Licensor will only be obliged to perform adjustments and/or amendments if this is agreed upon expressly; corresponding services must also be financed by Licensee separately according to Licensor’s current price list at adequate and customary conditions.
(5) If, in the context of maintenance or repair, Licensor leaves to Licensee any completions of the SOFTWARE PRODUCT (e.g. patches, updates, etc.), they will be subject to the terms of this agreement as well. Such completions will be made available by Licensor via an internet connection that must be established by Licensee.

1.5 Rights to use the software
(1) Licensor grants to Licensee the non-exclusive, non-transferable right to use the software in the object code for the required contractual purpose in accordance with these license terms for a limited period of time corresponding to the term of this agreement or for an unlimited period.
(2) Licensee shall be entitled to use the software in compliance with the agreed number and/or manner on computers or on the network of their institution. Any use of the software on other computers or networks will be inadmissible unless Licensor has expressly agreed to that use. Licensor may make their consent conditional upon the payment of an additional adequate remuneration.
(3) Operating the software in a computer centre for third parties or placing the software temporarily at the disposal (e.g. as application service providing, SaaS) of institutions other than Licensee, will only be permissible upon Licensor’s prior written consent.

1.6 Fees, term of the agreement, termination of the lease
(1) The lease will start with the delivery of the license key and will have a term of 24 months. It will be renewed automatically by 12 months unless it is terminated by either party with effect as of the end of the respective term respecting a time limit of 2 months.
(2) Rent payments shall be effected annually. The first rent payment shall be immediately due without deduction and payable without delay, unless any other due date has been specified in the invoice. Over the first 24 months of the term hereof, the second rent payment shall be effected by the 1st day of the 13th month of the term hereof. For all subsequent 12 months of the term hereof, the 1st day of the 1st month of the extended contract term shall be regarded as the due date.
(3) Where any payment dates other than the ones indicated in 1.6 (2) have been specified in the PO, the ones of the PO shall prevail.
(4) The right of either party to terminate the agreement extraordinarily for a good reason shall remain unaffected.
(5) Any termination needs to be in writing in order to become effective.
(6) The remuneration of the permission of use shall include the provision and use of the software and its maintenance and repair. It shall be due and payable upon invoicing.
(7) The Licenser shall be entitled to increase the remuneration for the first time 24 months after the end hereof by giving three months’ notice to the end of the month if and to the extent that its costs incurred to maintain the software have increased. The Licensee shall have the right to terminate the rental relationship within a period of six months after receiving the announcement of any rent increase.
If the corresponding costs of the Licenser decrease, the Licensee may claim an appropriate reduction of the remuneration after the time limit specified in sentence 1 has expired.

1.7 Legal consequences of the termination of the agreement according to 1.6
(1) In case of termination of the contractual relationship, Licensee must stop the use of the software and remove all installed copies of the software from their computers and/or the network. Any copies and/or backup copies of the software that may have been created must be deleted completely and irreversibly.
(2) Any use of the software after termination of the contractual relationship will be inadmissible.

1.8 Storing/usage
Furthermore, you are entitled to store or install a copy of the SOFTWARE PRODUCT on several COMPUTERS, storing devices and network servers. However, you may only use a number of copies of the SOFTWARE PRODUCT simultaneously that is equal to the number of licences you acquired.

1.9 License package
If this package is a license package, you shall be entitled to EXECUTE additional copies of the computer software part of the SOFTWARE PRODUCTS up to the number of copies stipulated above as “licensed copies”.

1.10 Legal reservation
BRAVIS International GmbH reserves all rights not expressly granted.

2 DESCRIPTION OF FURTHER RIGHTS AND LIMITATIONS

2.1 Software as an academic edition
If the SOFTWARE PRODUCT has been marked “AE” (Academic Edition), you can only use the SOFTWARE PRODUCT if you are an “entitled user of a recognised educational facility”. If you are not an entitled user of a recognised educational facility, you shall not be granted any rights by this EULA. In order to determine whether you are an entitled user of a recognised educational facility, please contact:

BRAVIS International GmbH
Calauer Str. 70
03048 Cottbus
Germany

or a BRAVIS International GmbH branch in your country.

2.2 Software for private use
If the SOFTWARE PRODUCT is not identified as “Business” according to this agreement point 2.3, the SOFTWARE PRODUCT will be admitted for private use only. Any use in a business environment will be excluded. The use of the SOFTWARE PRODUCT according to point 2.2 of this agreement is allowed for a limited period of time.

2.3 “Business” software license
If the SOFTWARE PRODUCT is identified as “Business” license, you will be entitled to use the SOFTWARE PRODUCT in a business environment at a single-user workstation. The use in conference rooms according to the definition in 2.3.1 of this EULA will be excluded. The use of the SOFTWARE PRODUCT according to 2.3 of this agreement is allowed for a limited period of time. The “Business” license can be completed by other licenses or acquired alone.

2.3.1 “Conference room” software license
If the SOFTWARE PRODUCT “Business” was acquired together with the “Conference room” license, you will be entitled to use the SOFTWARE PRODUCT in a conference room according to the following definition. “Conference room” means a room where more than one participant may be present who act together as a distant end within the videoconference. The use of the SOFTWARE PRODUCT according to 2.3.1 of this agreement is allowed for a limited period of time. The “Conference room” license can be acquired and operated only in conjunction with the “Business” license.

2.3.2 “Host guest” software license
If the SOFTWARE PRODUCT “Business” was acquired together with the “Host/guest” license, this license will allow for connections with a guest license. This guest license can communicate exclusively with the host license by which it was activated. The use of this SOFTWARE PRODUCT according to. 2.3.2 of this agreement is leased for a limited period of time. The “host guest” license can be acquired and operated only in conjunction with the “Business” license. The “Host guest” license also can be combined with the “Conference room” license. When creating a guest account the licensee may only enter such personal data for which the guest has allowed the storage on the servers of the BRAVIS International GmbH.

2.3.3 “Inhouse” software license
If the SOFTWARE PRODUCT “Business” was acquired together with the “Inhouse” license, you will be enabled to use the SOFTWARE PRODUCT without an internet connection in a Local Area Network or Virtual Private Network. The use of the SOFTWARE PRODUCT according to 2.3.3 of this agreement is allowed for a limited period of time. The “Inhouse” license can be acquired and operated only in conjunction with the “Business” license. The “Inhouse” license can be combined with the “Conference room” license.

2.4 Other licenses
All other licenses of the SOFTWARE PRODUCT do not include any special provisions. Their use is allowed for a limited period of time.

2.5 Software not intended for resale
Regardless of the other paragraphs of this EULA, the following applies: If the SOFTWARE PRODUCT has been marked “Not for resale” or “NFR”, your using the SOFTWARE PRODUCT shall be limited to demonstration, testing or assessment purposes and you are not entitled to resell the SOFTWARE PRODUCT or to transfer it against a counter value in any way.

2.6 Limitations on reserve engineering, decompiling and disassembling
You are not entitled to reverse engineer, decompile or disassemble the SOFTWARE PRODUCT unless to the express extent that the applicable law expressly allows this regardless of this limitation.

2.7 Separating components
The SOFTWARE PRODUCT is licensed as a consistent product. You are not entitled to separate its components in order to use it on more than one COMPUTER.

2.8 Brands
This EULA does not grant you any rights in connection to the brands or service brands of BRAVIS International GmbH.

2.9 Letting
You are not entitled to let, lease or lend the SOFTWARE PRODUCT.

2.10 Shared use of applications
The SOFTWARE PRODUCT can contain Application-Sharing, a product that enables the shared use of applications on two or more COMPUTERS. You may use this technology with all application products of BRAVIS International GmbH for conferences with several parties. For any applications that are not from BRAVIS International GmbH, read the applicable license agreement covering the application or contact the licenser to determine whether the shared use of applications is allowed.

2.11 Support service
BRAVIS International GmbH may offer you support service in connection to the SOFTWARE PRODUCT (“Support service”). The Support service may be used according to the provisions and programmes of BRAVIS International GmbH described in the user manual, the documentation in online form and/or other material provided by BRAVIS International GmbH. Any supplementing software code that is provided to you as part of the Support service shall be deemed a component of the SOFTWARE PRODUCT and shall be subject to the provisions in this EULA.

The content of the update and support agreement shall be decisive.

BRAVIS International GmbH shall be entitled to use the technical data that you provide as a part of the Support service for business means, including without limitation for product support and product development. BRAVIS International GmbH shall use such technical data in anonymous form only.

2.12 Software transfer
The first licensee of the SOFTWARE PRODUCT may transfer this EULA and the SOFTWARE PRODUCT once and permanently directly to an end user only. This transfer shall contain all components of the SOFTWARE PRODUCT (including, but not limited to, all component parts, media and printed material, any updates, this EULA and any certificates of authenticity). Such transfer shall not be made as a consignment or any other indirect transfer.

The recipient of such one-time transfer shall declare their agreement with this EULA, including, but not limited to the provision that forbids a further transfer of this EULA and the SOFTWARE PRODUCT.

2.13 Data storage
The licensee of the SOFTWARE PRODUCT authorizes the BRAVIS International GmbH to store data that is required for the provision of the software license and the operation of the SOFTWARE PRODUCT. This includes contract data and data entered for the creation of a user account. BRAVIS International GmbH shall treat such data strictly confidential.

2.14 Termination
Notwithstanding any other rights, BRAVIS is entitled to terminate this EULA if you infringe on the provisions of this EULA. In this case, you shall destroy all copies of the SOFTWARE PRODUCT and all its components.

3 UPGRADES
If the SOFTWARE PRODUCT is an upgrade of another product, in order to be allowed to use the SOFTWARE PRODUCT, you shall have the relevant license for a product at your disposal that BRAVIS International GmbH designates as suitable for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT that is an upgrade will replace and/or supplement (or deactivate) the original product. You may only use the relevant upgrade product in accordance with the provisions of this EULA. If the SOFTWARE PRODUCT is a component upgrade of a software programme package which has been licensed to you as a single product, you may only use and transfer the SOFTWARE PRODUCT as a component of this individual product package; you shall not separate it for using it on more than one COMPUTER.

4 COPYRIGHT
The ownership and copyright in the SOFTWARE PRODUCT (including, but not limited to, pictures, photos, animations, video files, audio files, music, text and applets contained in the SOFTWARE PRODUCT), the printed accompanying material and any copy of the SOFTWARE PRODUCT lies with BRAVIS International GmbH or their suppliers.

All rights and intellectual property right in and to content that is accessible via the SOFTWARE PRODUCT belong to the respective owners of the content and may be protected by applicable copyright and other law and agreements on intellectual property.

This EULA does not grant you the right to use such content. If this SOFTWARE PRODUCT contains documentation that is only provided in electronic form, you may print out a copy of this electronic documentation. You are not entitled to copy the accompanying printed material to the SOFTWARE PRODUCT.

5 SOFTWARE ON TWO STORAGE MEDIA
You might receive the SOFTWARE PRODUCT on more than one storage medium. Regardless of the type and size of the media received you may only use a single medium suitable for your single COMPUTER. You shall not EXECUTE the other medium on another COMPUTER. You are not entitled to lend, let or lease the other medium or to transfer it in other ways to other users unless this forms part of a permanent transfer (as described above) of the SOFTWARE PRODUCT.

6 BACK-UP COPY
After installing a copy of the SOFTWARE PRODUCT in adherence to this EULA you may only keep the original medium on which the SOFTWARE PRODUCT was delivered by BRAVIS International GmbH for back-up or archiving purposes. If the original medium is necessary for using the SOFTWARE PRODUCT on the COMPUTER, you may create a copy of the SOFTWARE PRODUCT for back-up or archiving purposes only. Unless expressly permitted in this EULA, you may not copy the SOFTWARE PRODUCT or the printed material that accompany the SOFTWARE PRODUCT in any case.

7 REMARK ON JAVA SUPPORT
THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMMES WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT-TOLERANT AND WAS NOT DEVELOPED OR PRODUCED FOR THE USE OR RESALE AS AN ONLINE OPERATING SOFTWARE IN A POTENTIALLY DANGEROUS ENVIRONMENT INCLUDING, BUT NOT LIMITED TO, NUCLEAR FACILITIES, AIRPLANE NAVIGATION OR COMMUNICATION SYSTEMS, IN AIR-TRAFFIC CONTROL, IN MACHINES DIRECTLY USED FOR KEEPING PERSONS ALIVE OR IN WEAPON SYSTEMS WHERE A FAULT OF THE JAVA TECHNOLOGY COULD LEAD TO DEATH, INJURY, DAMAGE TO PERSONS OR MAJOR DAMAGE TO ITEMS OR THE ENVIRONMENT.

8 ANY NOTES TO THE SOFTWARE, DOCUMENTS AND INFORMATION BY BRAVIS INTERNATIONAL GMBH AND/OR THEIR SUPPLIERS SHALL NOT BE DEEMED STATEMENTS ON THE SUITABILITY OF THE DOCUMENTS PUBLISHED AND THE ACCOMPANYING PICTURES FOR SPECIFIC PURPOSES. ALL DOCUMENTS AND THE ACCOMPANYING PICTURES ARE PROVIDED “AS SEEN” AND WITHOUT ANY GUARANTEE. BRAVIS INTERNATIONAL GMBH AND/OR THEIR SUPPLIERS HEREWITH EXCLUDE ANY WARRANTIES AND CONDITIONS CONCERNING THE FITNESS, SUITABILITY FOR CERTAIN PURPOSES AND THE NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO CASE MAY BRAVIS INTERNATIONAL GMBH AND/OR THEIR SUPPLIERS BE HELD LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES THAT ARISE FROM A LOSS OF USE, LOSS OF DATA OR LOSS OF PROFIT BY OR IN CONNECTION WITH USING THE DOCUMENTS PROVIDED – REGARDLESS OF WHETHER THIS RESULTED FROM A CONTRACTUAL USE OR NEGLIGENCE OR OTHER ILLEGAL ACTION – AND WHICH ARISE FROM OR IN CONNECTION WITH USING SOFTWARE, DOCUMENTS, THE PROVISION OR OMISSION OF PROVIDING SERVICES OR BY INFORMATION AVAILABLE VIA SERVICES.

(B1) Update and support contract until 2018-05-31

This update and support contract is an agreement with legal effect between you (either a natural or a legal person), hereinafter referred to as client, and BRAVIS International GmbH, hereinafter referred to as contractor.

1 Subject matter of the contract
1.1 Servicing of standard software according to the agreements below.
1.2 The services provided by the contractor shall be subject to remuneration stipulated in item 5 and for the periods of time stipulated therein.

2 Parts of the contract
2.1 The following elements shall be deemed parts of the contract in descending order:
* this contract
* the General Terms and Conditions of Business of BRAVIS International GmbH as amended as a supplement.
2.2 Both the General Terms and Conditions of Business and the licensing agreements are available at our homepage bravis.eu and can be downloaded.
2.3 Any other terms and conditions of business are excluded unless this contract specifically states anything to the contrary.

3 Acceptance and commencement date
3.1 The contract shall be concluded upon the purchase of the licensing key.
3.2 The contract shall commence at the time of delivery of the licensing key.
3.3 There shall be no entitlement to update and support services for any versions that are provided by BRAVIS International GmbH free of charge.

4 Duration, due date for the remuneration, payment method, termination
4.1 The contract on update and support services shall be concluded for a duration of 1 year.
4.2 The first day of the month following the commencement date of this contract shall be the due date for remuneration.
4.3 Method of payment for contract renewal: annually one month in advance to the commencement date of the contract renewal.
4.4 Due date: payable within 8 days, strictly net without any deduction. The date on the invoice shall be decisive.
4.5 The contract shall be renewed automatically for one year if it is not terminated within three months before the end of the contract duration. Termination shall be made in writing. The day of receipt at BRAVIS International GmbH, Calauer Str. 70, 03048 Cottbus, Germany, shall be decisive.
4.6 If we have not received payment one month after the commencement date of the contract renewal, we reserve the right to interrupt the provision of support services until the payment is made, any additional costs incurred by us included.

5 Remunerating update and support services
5.1 An annual remuneration will be calculated for the update and support services according to the price list currently valid.
5.2 The calculation will be carried out at the start of the update and support service and will be invoiced for a duration of 12 months in advance.

6 Product extensions / follow-up orders
6.1 If a product is extended or in case of a follow-up order, the remuneration described in item 5.1 shall be increased accordingly without this necessitating any further explanation.
6.2 The calculation will be carried out at the start of the product extension / follow-up order to the first day of the next month. BRAVIS International GmbH shall carry out the contractual services according to item 7 free of charge until this point in time.
6.3 The updated update and support contract shall be transmitted to the client in digital form upon conclusion.

7 Type and scope of the update and support services
BRAVIS International GmbH undertakes to provide the client with the following service for the products covered under this contract:
* Provision and delivery of updates to the product types agreed on during the duration of the contract.
* An update shall mainly include improvements of security and stability for the existing software.
* The software version shall be provided automatically via software or as a download via your personal interface once it is available.
* Provision of web services for operating the software (including without limitation using the BRAVIS contact details, BRAVIS SIP server, BRAVIS update service, test call server)
* Support service according to the business hours of BRAVIS International GmbH. The support will be provided via e-mail or telephone.

8 Other services that will not be part of this contract
8.1 Other services than those mentioned in the scope of service, including without limitation upgrades, training, instructions, installation of software, individual form adjustments (such as in the customer portal) and on-site support shall not be part of this contract unless separately agreed upon. Upgrades shall be versions that provide the user with new functions.
8.2 BRAVIS International GmbH will provide such services in the scope of their operational possibilities against separate fees and according to the conditions agreed on with BRAVIS International GmbH.

9 Severability
If a provision of this contract is ineffective in part or in whole or use its legal effectiveness at a later point in time, the effectiveness of the remaining provisions shall not be affected. The legal provisions shall apply in place of the ineffective provisions. There are no side-agreements. Changes shall be made in writing. BRAVIS International GmbH will confirm the acceptance of this contract.

(B2) Update and support contract from 2018-06-01

3 Acceptance and commencement date
3.1 The contract shall be concluded upon the conclusion of the leasing contract for the SOFTWARE PRODUCT.
3.2 The contract shall commence at the time of delivery of the licensing key.
3.3 There shall be no entitlement to update and support services for any versions that are provided by BRAVIS International GmbH free of charge.

4 Duration, due date for the remuneration, payment method, termination
4.1 The contract on update and support services shall be concluded for the duration of the leasing contract and ends automatically with the termination of the leasing contracts.
4.2 If we have not received payment for the leasing contract of the license, we reserve the right to interrupt the provision of support services until the payment is made, any additional costs incurred by us included.

5 Remunerating update and support services
5.1 The service shall not be set off and specified separately. It shall be an integral part of the rent price.

6 Product extensions / follow-up orders
6.1 If a product is extended or in case of a follow-up order, the remuneration described in item 5.1 of this agreement shall be increased accordingly without this necessitating any further explanation.
6.2 The calculation will be carried out at the start of the product extension / follow-up order to the first day of the next month. BRAVIS International GmbH shall carry out the contractual services according to item 7 free of charge until this point in time.
6.3 The updated update and support contract shall be transmitted to the client in digital form upon conclusion.

7 Type and scope of the update and support services
BRAVIS International GmbH undertakes to provide the client with the following service for the products covered under this contract:
* Provision and delivery of updates to the product types agreed on during the duration of the contract.
* Provision of upgrades that provide new functions for the end user.
* An update shall mainly include improvements of security and stability for the existing software.
* The software version shall be provided automatically via software or as a download via your personal interface once it is available.
* Provision of web services for operating the software (including without limitation using the BRAVIS contact details, BRAVIS SIP server, BRAVIS update service, test call server)
* Support service according to the business hours of BRAVIS International GmbH. The support will be provided via e-mail or telephone.

8 Other services that will not be part of this contract
8.1 Other services than those mentioned in the scope of service, including without limitation training, instructions, installation of software, individual form adjustments (such as in the customer portal) and on-site support shall not be part of this contract unless separately agreed upon.
8.2 BRAVIS International GmbH will provide such services in the scope of their operational possibilities against separate fees and according to the conditions agreed on with BRAVIS International GmbH.

License Agreement

License Agreement

BRAVIS HEADQUARTERS

INFORMATION

USE BRAVIS