Training license agreement
§ 1 Parties, subject matter, term, remuneration
- The licensor is DATUREX GmbH (hereinafter: "Licensor"). Licensee is you as purchaser of the training (hereinafter: "Licensee").
- The subject of the license agreement is the granting of a right to use the purchased training course or courses (hereinafter: "Training Course"). For this purpose, the Licensee shall receive temporary online access to the Training when purchasing a Training.
- The training is provided for the following contractual use: Use of the training as learning content in the licensee's company/institution, no use for commercial purposes, no passing on and no resale.
- The one-time license fee to be paid in advance is designated per training in the store.
§ 2 Right to use the training
- The Licensor shall provide the Licensee with a permanent, non-exclusive and non-transferable, non-exclusive right to use the Training in the aforementioned manner.
- The right of use entitles the Licensee to individual use of the training within the scope of the contractual individual use. The right of use does not extend to other types of use. Multiple use (e.g. for several employees) is not permitted.
- Outside of the actions necessary for the intended use, the user may not make any changes, translations or reproductions of the training, even partially or temporarily, of any kind and by any means, due to copyright protection. Modifications to which consent cannot be withheld in good faith (Section 39 (2) UrhG) are permitted.
- The restrictions of use are to be observed by the licensee.
§ 3 Prohibition of disclosure and transfer
- The Licensee may not pass on the training or parts thereof, either permanently or for a limited period of time, and may not make it available to third parties in any way. If several employees of the Licensee are to be trained, a separate training course must be purchased for each employee.
- The Licensee shall store the training in such a way that unauthorized persons have no access. In addition, it shall inform its employees of the prohibition on making copies beyond the contractual scope.
§ 4 Warranty
- In principle, §§ 536 BGB (German Civil Code) shall apply to defects in the training. Strict liability for defects that were present when the contract was concluded is excluded.
- No liability shall be assumed for errors in the training that are based on a modification of the training by the Licensee or by persons commissioned by the Licensee without the consent of the Licensor. The warranty rights of the Licensee shall remain unaffected.
§ 5 Final provisions
- Amendments to the contract or additions thereto must be made in writing in order to be effective. This also applies to a regulation that deviates from this regulation.
- The place of jurisdiction and performance shall be the Supplier's place of residence.
- German law shall apply exclusively to the exclusion of the provisions of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).
- Should any provision of the contract be or become invalid in whole or in part or should there be a loophole, such provision shall be replaced by a valid provision which corresponds as far as possible to the intentions of the contracting parties, unless the invalidity results from §§ 305 BGB. The legal validity of the remaining contractual provisions shall remain unaffected.
§ 6 Liability
- For warranted characteristics, guarantees and in the event of gross negligence or intent, the Licensee shall be liable without limitation in accordance with the statutory provisions.
- In the case of simple negligence, liability is excluded insofar as neither an essential contractual obligation (cardinal obligation) has been violated, nor life or limb has been injured, or a case of delay or impossibility exists.
- The agreed limitation of liability shall also apply in the event of the Licensor's initial inability to perform.
- The strict liability of the licensor pursuant to Sec. 536 a para. 1 Alt. 1 BGB (German Civil Code) due to defects which were already present at the time of conclusion of the contract is excluded.
- Liability for defects of title shall remain unaffected by the above provision. Liability under the Product Liability Act and the General Data Protection Regulation (DS-GVO) shall also remain unaffected.