1.               Preamble

1.1.      FOTEC Forschungs- und Technolo-gietransfer GmbH, Viktor Kaplan-Strasse 2, 2700 Wiener Neustadt, Austria, company register number: 176224d (hereinafter referred to as ‘PROVIDER’) offers the framework ‘BISS.Apps.SDK’ in the latest version at the time of conclusion of the contract (hereinafter referred to as ‘BISS.APPS.SDK’) to the USER for use free of charge.

1.2       For reasons of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are addressed equally.

1.3.      The contract, order and business language is German or English. In case of doubt, the German language version shall prevail.

2.               Terms of use

2.1.      The USER must refrain from all actions that could jeopardise or impair the technical service provision of the PROVIDER (including cyber-attacks). Such behaviour will be prosecuted under criminal law.

2.2.      In the event of unlawful use of BISS.APPS.SDK, the PROVIDER reserves the right to refuse or withdraw the use of BISS.APPS.SDK from the USER.

2.3.      It is the responsibility of the USER to create the electronic infrastructure necessary for the use of BISS.APPS.SDK. This also means that the USER has the necessary software and hardware equipment to use BISS.APPS.SDK. The PROVIDER is not obliged to provide information or advice in this regard.

2.4.      It is the sole responsibility of the USER to ensure that BISS.APPS.SDK does not capture any content that contains illegal information. The PROVIDER accepts no liability for any unlawful use of BISS.APPS.SDK.

2.5.      The USER may only use the BISS.APPS.SDK offered by the PROVIDER for lawful purposes.

2.6.      The USER undertakes not to misuse BISS.APPS.SDK in any way, in particular towards the PROVIDER.

3.               Rights to use

3.1.      The PROVIDER grants the USER a non-exclusive, non-exclusive licence (within the meaning of section 24 (1) first sentence UrhG [Austrian Copyright Act]‘Werknutzungsbewilligung’) to use BISS.APPS.SDK, which is unrestricted in terms of time, space and content.

3.2.      In all other respects, all exclusive rights (within the meaning of section 24 (1) second sentence UrhG ‘Werknutzungsrecht’) shall remain with the PROVIDER in all types of exploitation.

3.3.      The right to decompile and reverse engineer BISS.APPS.SDK is excluded to the extent permitted by law.

3.4.      Markings of BISS.APPS.SDK, in particular copyright notices, trademarks, serial numbers or similar, may not be removed, changed or made unrecognisable.

3.5.      The source code of BISS.APPS.SDK is expressly not owed.

3.6.      A user manual is not owed.

3.7.      Support is not owed.

4.               Updates and Upgrades

4.1.      The PROVIDER owes neither updates nor upgrades.

4.2.      If the PROVIDER makes (security-) updates or upgrades available, the USER is obliged to install these updates or upgrades immediately.

5.               Warranty, liability and indemnification

5.1.      As BISS.APPS.SDK is provided free of charge, all warranty claims are excluded in their entirety.

5.2.      Liability on the part of the PROVIDER is excluded to the extent permitted by law.

5.3.      The PROVIDER is not liable for content published by the USER via BISS.APPS.SDK. The USER shall indemnify the PROVIDER against all third-party claims arising from the USER's actions in connection with the use of BISS.APPS.SDK.

5.4.      The PROVIDER shall not be liable for any loss of profit (“entgangenen Gewinn”).

6.               Applicable law and place of jurisdiction

6.1.      Austrian law shall apply to this contractual relationship and shall be deemed to have been agreed. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

6.2.      The exclusive place of jurisdiction is the competent court in Wiener Neustadt, Austria.

6.3.      The place of fulfilment shall be the registered office of the PROVIDER.

7.               Amendments to the licence agreement and BISS.APPS.SDK

7.1.      The PROVIDER is authorised to amend this contract at any time. The PROVIDER shall inform the USER of such amendments by sending the amended terms and conditions to the e-mail address last notified to the USER. The USER has the right to object to this amendment. If no objection is made by the USER within 14 days of receipt of this amendment, it shall be assumed that the amendment to the terms and conditions has been implicitly accepted.

7.2.      The PROVIDER is authorised to modify, restrict and/or completely discontinue the operation of BISS.APPS.SDK at any time.

8.               Further issues

8.1.      Invalid provisions of individual parts of this contract shall not affect the validity of the remaining provisions. They shall be replaced by appropriate substitute provisions which, in the light of the purpose of the contract, come closest to what the contracting parties would have wanted if they had been aware of the invalidity. The same applies in the event of loopholes contrary to the contract.