License Agreement between CIME and the Customer

1. Installation and use of the software product 'CIME where?'is allowed only in accordance with this license agreement. Executing the installation the customer agrees to this agreement.

2. This license includes the software product 'CIME where?' with all its components and documentation

3. The customer provides a non-exclusive, non-transferable and limited right of use for the contractual software.

1. The customer is entitled to us 'CIME where?'-client on as many smart phones as he has purchased licenses.
2. The customer is entitled to make a backup copy if needed to secure future use.
3. The customer may decompile interface informations of the product only within the confines of section 69e Law on Copyright and Neighboring Rights (UrhG) and not before he has notified CIME in writing by his intention and has asked CIME to supply the necessary information with a period of at least two weeks. The knowledge and information the customer gets within the decompilation are confidential and need to be treated as privacy even after termination of this contract. Prior to any intervention by a third party, he gives a written statement of the third party to CIME that this third party obligates oneself directly opposite CIME to the rules laid down in this contract.
4. CIME provides updates for the customer. This agreement further applies to the updated software.
5. Using his personal access data CIME enables the customer to access, retrieve and save the stored tracking data via the homepage www.cimegroup.eu.

4. The usage of 'CIME where?' is restricted in the following way:

1. The installation or usage of 'CIME where?' contrary to this agreement is prohibited.
2. The customer is not entitled to handa copy of the software to any third party.
3. Besides section 3c, the customer is not entitled to decompile the software (reverse engineering), disassemble, modify, translate or attempt to make the source code of the software available or to create derivative works of the software.
4. The customer has no right to sublet the rented contract software or to sub-license it otherwise, execute it or make it accessible wired or wireless or to provide third parties with it with or without charge, e.g. via application service providing or as a "software as a service".
5. If the customer uses the contract software in a manner that exceeds the acquired rights of use in quality (in terms of permitted usage) or quantitatively (in terms of the number of purchased licenses), so he will immediately acquire the rights necessary for the permitted use. If he ignores this, the seller will assert his rights.
6. Characteristics on copyright notices, serial numbers, and other program identification on the contract software may be be removed or changed.

5. Without prejudice to other rights CIME is entitled to terminate this agreement without notice if the customer violates it.

6. This software is protected by copyright and international treaties on intellectual property and copyright. All copyrights to the software remain with CIME.

7. The customer agrees with the local regulations on the export of the software. CIME not liable for the illegal export of the software by the customer.

8. If not expressly referred to as such, CIME makes no warranty. All information provided on the home page and the documentation are product descriptions.

9. CIME is liable for damages or reimbursement of expenses regardless of the legal basis only in accordance with the following provisions:

1. CIME disclaims liability for slightly negligent breaches of duty, if
   • no guarantees or contract essential obligations are involved i.e. obligations whose performance actually enable the proper implementation of the agreement and and on which the parties regularly trust and are able to trust (cardinal obligations),
   • it is not damage from injury of life, body or health.
   
   Claims under the product liability act shall remain unaffected. The same applies to breach of our vicarious agents.
2. For initial defects of the contractual Software CIME is liable only for faults according to the above principles.
3. The foregoing limitation of liability shall apply to the personal liability of employees, agents and institutions of the seller.
4. The right to raise the objection of contributory negligence shall be reserved. However, the customer is responsible for a regular backup of his data. In case of a data loss disaster caused by CIME, CIME is liable only for the cost of reproduction of the data for the customer to create backups and restoring of data that would have been lost in case of properly made backups.
5. If the customer changes the software or uses it contrary to the documentation all warranty rights will abandon.

10. Consent for the processing of data and personal data

1. Informations and personal data of customers are processed confidentially and are only stored, used, and transferred to third parties as far as necessary for order processing, asserting legal rights and maintaining customer relationship and only within the relevant data protection acts.
2. The customer agrees, that 'CIME where?' sends data to CIME during a period determined by the customer which enable to determine the location of a smart phone equipped with the 'CIME where?'-client (tracking data). This data will be stored by CIME for a period of 90 days and are available at the homepage using personal access information. This data are deleted after 90 days. Furthermore this data will not be uses by CIME in any way, in particular they will not be forwarded or matched.
3. In addition data about quality of GPS measurements are stored for product improvement as well as the phone number of the mobile phone to prevent illegal multiple use of the stored license.

11. General Provisions

1. This agreement shall excess the contract period.
2. If an individual provision of this agreement becomes invalid, this does not affect the validity of the remaining provisions.
3. To this agreement the German law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (CISG) should be applied.
4. Place of performance is Wiesbaden (Germany). If the customer is a merchant or a legal entity of public law or not resident in Germany, Wiesbaden (Germany) is place of exclusive jurisdiction.