# END USER LICENSE AGREEMENT (EULA)
Please read through the terms and conditions of this License Agreement carefully before continuing with the installation of the program.
The ELO Digital Office GmbH End User License Agreement (EULA) is a valid legal contract between you (either an individual or a legal entity) – the "Licensee" - and ELO Digital Office GmbH – the "Licensor" – for the software applications "ELO Integration Service for Business Central", "ELO Output Link for Business Central“, and any associated software components, media, printed materials, and online or electronic documentation of ELO Digital Office GmbH. This License Agreement represents the entire agreement between you and ELO Digital Office GmbH relating to the program/application.
By installing, using, copying, or otherwise using the application provided by ELO Digital Office GmbH, you, the purchaser, agree to be bound by the terms of this EULA. If you do not agree with the terms and conditions of this EULA, do not install or use the "ELO Integration Service for Business Central" and "ELO Output Link for Business Central" applications. The "ELO Integration Service for Business Central" and "ELO Output Link for Business Central" applications and the corresponding written materials are protected by copyright laws and international copyright agreements as well as other laws concerning intellectual property and agreements. Copyright notices, serial numbers, and other marks used to identify the program must on no account be removed or modified.
# Foreword
The "ELO Integration Service for Business Central" implements the ELO Integration Client right in your ERP system. Using the ELO Integration Client within Microsoft Dynamics 365 Business Central requires an ELO installation. Following installation, the ELO Integration Client is available as an additional area in configured views of Microsoft Dynamics 365 Business Central. When calling this application, a configurable path is created in the ELO system, assuming one doesn't already exist, and displayed in the ELO Integration Client. The ELO Integration Client is a customizable single-page web application that adds select ECM functions to the target system (in this case Microsoft Dynamics 365 Business Central).
ELO Output Link for Business Central files your outgoing documents or documents created in Microsoft Dynamics 365 Business Central in configurable structures in the ELO system, including metadata. Using ELO Output Link for Business Central requires the ELO Integration Service for Business Central.
# 1. Subject of the agreement
The subject of the agreement is the applications available for download. The Licensor wishes to point out that, given the current state of technology, it is not possible to guarantee that the application (software) will function without error in combination with any other applications or hardware. The subject of this agreement is, therefore, applications that can be essentially used as described in the program specification and the system requirements.
# 2. Rights of Licensee
By downloading the software, the Licensee acquires a license to use the respective application, but is not granted any rights to the applications themselves. The Licensor reserves all rights to publish, reproduce, change, and use the applications.
By purchasing a license, the Licensee is entitled to use the respective application. The Licensor can release updates on an irregular basis (see section 8). However, the Licensee does not have a legal entitlement to such updates.
# 3. License terms and usage
On condition that all provisions of this EULA are observed, the Licensor grants a personal, non-exclusive license to install and use the applications.
The Licensor grants the right to install and use copies of the applications on devices on which a properly licensed copy of the operating system for which the applications were developed is installed. In addition, the system requirements must be met. The Licensee may make copies of the applications that are necessary for private backup and archiving purposes. However, only one backup copy may be made and stored at any time.
In addition, the Licensee may make copies of the applications if these copies are required to use the program. These necessary copies include installing the program on the main server for the hardware to be used and loading the program to internal memory.
The Licensee is not permitted to make further copies.
The Licensee is not entitled to modify, duplicate, or distribute the applications/documentation beyond the permissions granted in the above sections and subject to any legal right which may exist. The Licensor retains all rights not granted to the Licensee.
The Licensee is not permitted to remove any proprietary notices, serial numbers, labels, or copy protection features from the applications. The Licensee is not permitted to use the applications in any manner or for any purpose that is unlawful or breaches the terms of this agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, or harmful data such as viruses into the applications or operating system.
The Licensor does not warrant or guarantee that the applications are suitable for use in special risk areas. Furthermore, the Licensee is not permitted to use the applications in special risk areas that require error-free, permanent operation of relevant systems and in which the failure of the applications may result in a direct risk for life, body or health or in substantial damages to property or the environment.
The Licensee hereby agrees to comply with all applicable local, state, national, and international laws and regulations, including, but not limited to all applicable data privacy, copyright, export control, and obscenity laws.
The Licensee shall be solely responsible for setting up a functional hardware and software environment for the applications. The same shall apply for regular data backups within your computer system.
The Licensor reserves all rights to bring an action to prohibit or stop any unauthorized use of the software by you, including in particular claims for injunctive relief and damages. Unauthorized use may lead to criminal prosecution under the relevant laws.
# 4. Decompiling and modifying programs
The Licensee is not permitted to back-translate the program code into another format (decompiling) or to reverse-engineer the applications at any stage of development.
Removing the copy protection or any similar protection mechanisms is strictly prohibited. The Licensee may only bypass these copy-protection mechanisms if they are interfering with or preventing error-free use of the program and where the Licensor, despite a request from the Licensee to remove this hindrance, has not responded within a reasonable time. The Licensee must prove that its use of the product is impaired or hindered by such a protection mechanism.
Program modifications that go beyond the scope of those stipulated in paragraph 2 are not permitted.
# 5. Intellectual property rights/Copyright
All rights and licenses, unless they are expressly granted to the Licensee in this agreement, as well as all property rights and rights to use the applications (or parts of the applications), shall remain the property of the Licensor and/or its third-party licensors. Under the terms of this License Agreement, the Licensee is not authorized to use any trademarks, logos, or trade names proprietary to the Licensor or its third-party licensors, nor is the Licensee entitled to use other marks that could be mistaken for trademarks, logos, or trade names that are proprietary to the Licensor. The Licensee may not use any trademarks, logos, or trade names relating to the applications or the Licensor's company without the explicit written consent of Licensor.
# 6. Duration of the agreement
This EULA will come into force on the effective date. The Licensee is entitled to use the applications and the documentation for an indefinite period. This does not affect the legal right to revoke the rights granted free of charge. In particular, the Licensor is entitled to revoke the license in the event of significant breaches of contractual obligations by the Licensee. This applies in particular if the applications are distributed or modified, unless explicitly permitted under the terms of this license. Any attempt to take any such actions is void, and will automatically terminate your rights under this license.
In the case of termination of the license, the Licensee must delete the applications, in particular the original data carrier, any backup copies and application files installed on the network system and return the documentation. The Licensor is entitled to demand an affirmation in lieu of an oath regarding deletion of the application.
# 7. Compensation for breach of contract
The Licensor expressly declares that the Licensee shall be liable for all losses incurred by the Licensor arising from copyright infringements by the Licensee in breach of this Agreement.
# 8. Modifications and updates
The Licensor is entitled to create updates to the program at its discretion. However, the Licensee does not have a legal entitlement to such updates (see section 2).
# 9. Privacy
The applications do not collect, process, or store personal data. Personal data is therefore not submitted to third parties. In addition, the applications have no function that records personal data (device number or phone number, etc.) in the background or tracks user behavior.
# 10. Technical support
The Licensor provides technical support services Monday to Friday from 9 a.m. to 5 p.m. CET. The technical support services can be utilized via Jira support (customer portal: https://eloticksy.elo.com/ (opens new window)) or by sending an e-mail to psupport@elo.com.
The Licensor provides technical support at its own discretion. It is the sole responsibility of the Licensee to back up all existing data, software, and programs. The Licensor reserves the right to refuse, suspend or cancel any technical support at its own discretion.
# 11. Disclaimer of warranties
The applications are provided free of charge; liability for defects in quality and defects in title, especially with regard to accuracy, correctness, freedom from intellectual property rights of third parties, completeness and/or usability, is ruled out except in cases of intent or fraud and is subject to legal provisions (section 518 et seq. German Civil Code (BGB)).
Although the Licensor makes every effort to keep the applications virus-free, it is unable to guarantee that the application is free of viruses. The Licensee must, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner to ensure that no viruses are uploaded before downloading the applications.
# 12. Limitation of liability
The Licensor shall be liable for all damages incurred by the Licensee due to gross negligence or willful misconduct by the Licensor or resulting from culpable acts that lead to injury to life, limb or health in so far as there is liability on the Licensor's part, or if they were concealed with intent or in cases where the Licensor is liable under the German Product Liability Act. In all other cases, the Licensor is only liable for damages resulting from breaches of material contractual obligations. Material obligations are those obligations whose fulfillment is necessary for the proper execution of the agreement and which the Licensee can expect to be fulfilled. Liability on the part of the Licensor for loss of data is limited to the typical cost of recovery that would have been incurred had regular data backups been made. We refer in this regard to your duty to back up data regularly (see section 3 paragraph 9).
In the event of a negligent breach of contractual obligations by the Licensor, the Licensor's liability is limited to foreseeable, typical damages.
The above limitations of liability shall also apply in respect of all representatives of the Licensor, in particular with respect to its managing directors, legal representatives, employees, and other agents.
# 13. Obligation of confidentiality and duty of care
Both parties to the Agreement shall not divulge any trade or business secrets, data or documents that they become aware of through their business relationship either during or after the term of the Agreement. Trade and business secrets include the names of the clients of the holder of rights and the agreed terms and conditions of sale.
# 14. Miscellaneous
In the event that a provision of this EULA should be wholly or partly invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. This does not apply if compliance with the remaining provisions would constitute an undue hardship for either party to the agreement, including when taking into consideration fall-back laws or regulations to close the legal loophole.
Changes and adjustments to this License Agreement must be made in writing.
The applications are provided by and are the responsibility of the Licensor. The applications take into account the requirements of the respective country in which the Licensor is based. The Licensor assumes no responsibility if the applications, information, and/or documentation is viewed or downloaded outside of this country. If the Licensee accesses the application, information and/or documentation from locations outside the country, the Licensee is solely responsible for complying with the laws and regulations of that particular country. Accessing the applications, information and/or documentation from countries where this is illegal is prohibited.
# 15. Final provisions
The courts of Stuttgart shall have jurisdiction. This jurisdiction also applies in the case of non-commercial users subject to the German Code of Civil Procedure and the Brussels I Regulation.
The agreement shall be governed exclusively by the laws of the Federal Republic of Germany with exclusion of the UN Convention on Contracts for the International Sale of Goods.
ELO Digital Office GmbH
Tübinger Str. 43
70178 Stuttgart, Germany
+49 711 806089-0
info[at]elo.com