Translation for information only. Only the German version is legally binding. Mandatory statutory rights remain unaffected.
Provider: schukai, postal address: Eichenstraße 26, 82290 Landsberied, Germany. Full provider details are available in the legal notice.
1. Scope and contractual documents
1.1 These terms apply where a business customer order incorporates them for software installed in an environment of the customer or an operator engaged by the customer.
1.2 The General terms and conditions for business customers also apply. The order and product sheet specify the software, edition, licence type, licence metric, permitted organisations, environments, term, maintenance and supported system versions.
1.3 Implementation, configuration, customisation, migration and deployment to production are included only if commissioned. The project terms may also apply to this work.
2. Provision
2.1 schukai provides the software and agreed licence information through the method specified in the order. Timing, installation package, documentation and handover services are governed by the order.
2.2 Unless a physical medium is agreed, provision is electronic. The customer checks the supplied files for completeness and protects them against unauthorised access.
2.3 Ownership of physical media or supplied hardware is governed by the order. Copyright and other intellectual property rights in the software are not transferred.
3. Right of use
3.1 The customer receives the non-exclusive right to use the software specified in the order. Unless the order provides otherwise, that right arises after payment of the remuneration due for it. Where a fixed-term licence or subscription is agreed, the right applies only for the contract term. Where a perpetual licence is agreed, it is unlimited in time.
3.2 The right of use is limited to the agreed business purpose, the designated organisation and the licence metric specified in the product sheet. Use by the customer's employees and contractors is permitted within these limits.
3.3 An IT or data centre service provider engaged by the customer may operate the software exclusively for that customer. The customer ensures that the provider complies with the licensing, confidentiality and security rules. Use for the provider's own or other purposes is not permitted.
3.4 Affiliated companies may use the software only if covered by the order. Restructuring, legal succession or a change of operator are taken into account to a reasonable extent but require prior coordination if the licence allocation or metric changes.
4. Production, test and disaster recovery environments
4.1 The order determines which production, test, development, training and disaster recovery environments are permitted. An additional environment is not included merely because it can technically be created as a copy.
4.2 The customer may create a technically necessary backup copy to the extent permitted by law and keep it securely. It must not be used concurrently as another production instance.
4.3 A disaster recovery environment may be used only in accordance with the agreed model and for recovery, testing or temporary replacement operation.
5. Limits of use and statutory rights
5.1 Without schukai's consent, the customer must not rent out, resell or make the software publicly available, offer it as its own service to third parties or use it to develop a competing offering.
5.2 Modifications, translations, decompilation and other interventions are permitted only insofar as allowed in the order or by mandatory law. Acts permitted by law for error correction or achieving interoperability remain unaffected.
5.3 Notices identifying the author, manufacturer, version or licence must not be removed or obscured.
5.4 schukai may request a self-declaration concerning the agreed licence characteristics at reasonable intervals to verify compliance with the licence. Further technical measurement or audit rights exist only if agreed in the order.
6. Third-party and open-source components
6.1 The software may contain third-party components and open-source software. The respective licence terms supplied or made accessible take precedence for those components.
6.2 Where a third-party or open-source licence grants broader rights, the contract does not restrict them. Source code and notices are provided to the extent required by the applicable licence.
6.3 The customer obtains operating systems, databases, runtime environments or other third-party licences not supplied with the software where the order assigns them to its area of responsibility.
7. Installation and system requirements
7.1 The customer provides the system requirements, access, resources, certificates, network connections and backups described in the product sheet. It protects the environment to a standard appropriate to the risk.
7.2 The order determines who performs installation, configuration and updates. If the customer is responsible, it follows the supplied documentation and tests changes in a suitable environment first.
7.3 Remote access by schukai takes place only for the agreed purpose, through approved access and under the applicable data protection and security rules.
8. Scope of maintenance
8.1 Maintenance is owed only if agreed in the order. The product sheet specifies, in particular, the software maintained, supported versions, delivery methods and error handling included.
8.2 Unless otherwise agreed, maintenance includes providing the error corrections and security updates intended for the supported product version. Installation, migration, customer-specific adaptations, training and operation are included only if expressly stated.
8.3 Maintenance requires the customer to use a supported system version and install necessary updates within a reasonable period or enable their installation.
9. Updates, upgrades and version changes
9.1 An update serves, in particular, error correction, security or minor further development within a product version. An upgrade or version change may include new functions, changed requirements or migration effort.
9.2 The product sheet determines whether updates, upgrades and new major versions are included in the remuneration. There is no entitlement to every new function or edition.
9.3 schukai gives reasonable advance notice of the end of support for a product version through the agreed channel. Security risks, discontinued third-party components or statutory requirements may necessitate a shorter period.
9.4 If a version change requires adjustments to customer-specific extensions, interfaces or operating environments, that effort is agreed separately unless already covered by the order.
10. Changes by the customer or third parties
10.1 The customer documents changes to software, configuration and the environment insofar as they may affect error analysis or maintenance. It enables schukai to examine an unchanged state or one whose changes are traceable.
10.2 schukai is not obliged to rectify errors caused by unapproved interventions, unsupported components, use contrary to the contract or an environment that has not been agreed. Analysis or adjustments may be commissioned separately.
10.3 The customer's statutory rights to error correction and interoperability remain unaffected.
11. Error handling and support
11.1 The customer reports errors through the agreed support channel, specifying the product, version, environment, impact and reproducible steps. Credentials and unnecessary personal data must not be included in a ticket.
11.2 Priorities, support hours and target times apply only if a corresponding support or service package has been agreed.
11.3 schukai may request diagnostic information, a reproducible test case or time-limited remote access to narrow down the cause. The customer decides on authorisation within its area of responsibility.
12. End of contract
12.1 For a fixed-term licence, the right of use ends with the contract. The customer stops using the software and deletes installations and copies unless statutory retention requirements or an expressly continuing authorisation apply.
12.2 For a perpetual licence, the granted right of use continues after the maintenance contract ends. Any subsequent entitlement to further updates, support, online services or new versions exists only insofar as separately agreed or required by law.
12.3 Licence keys, certificates or technical activations may be deactivated after the contract ends insofar as the underlying right of use also ends. A perpetual licence must not be rendered technically unusable solely because maintenance has ended.