EULA

End User Licence Agreement (EULA) freedom manufaktur GmbH

As of: July 2025

Definitions

For the purposes of this EULA, the following terms shall have the following meanings:

  • ‘Software’: the programmes provided by the Licensor in object code form, including documentation, configuration and all components.
  • ‘Licensee’: the entrepreneur contractually entitled within the meaning of Section 14 of the German Civil Code (BGB).
  • ‘Device’: a hardware unit on which the software is installed.
  • ‘Update’: an adaptation or improvement of the existing software version.
  • ‘Upgrade’: a new version of the software with extended functionality.

§ 1 Subject matter of the contract

  1. This licence agreement governs the use of the software products provided by freedom manufaktur GmbH (hereinafter: ‘licensor’) by entrepreneurs within the meaning of § 14 BGB (exclusively B2B customers).
  2. The software consists of the object code specified in the product data sheet, associated documentation and, if applicable, third-party components. Use is subject to the proper payment of licence fees.
  3. By installing, using or downloading the software, the licensee agrees to the terms of this agreement.
  4. The Licensor reserves the right to introduce licence key procedures or licence certificates as technical protection measures.
  5. Third-party software may be subject to its own licence terms, which will be provided separately.

§ 2 Licence Grant and Rights of Use

  1. The Licensor grants a simple, non-exclusive, non-transferable licence to use the software on the agreed number of workstations or devices.
  2. Without express consent, use by third parties, e.g. affiliated companies or external service providers, is not permitted.
  3. A backup copy may be made for archival purposes, provided that all copyright notices are retained.
  4. Editing, reverse engineering, decompiling or modifying the software is prohibited, unless this is permitted by law.
  5. Upon purchase of an upgrade, the licence for the previous version expires as soon as it is replaced by the new version.
  6. The purchase of a licence does not entitle the purchaser to future updates, upgrades or support services. These must be agreed separately if required.
  7. The licensor is entitled to provide or automatically execute security-related updates or patches if this is necessary to maintain operational security.
  8. The licensor is entitled to check the proper use of the licence at the licensee’s premises after giving reasonable notice and during normal business hours (e.g. by means of an audit or licence report).
  9. The purchase of support services (e.g. response times, SLA, contact channels) requires a separate support contract.

§ 3 Provision via electronic means

  1. The download is at the customer’s own risk. The licensor is not liable for interruptions, connection problems or data loss during the download.
  2. The customer is responsible for checking the suitability of the software for their needs.

§ 4 Open source and third-party components

  1. The software may contain open source components. These are subject to the respective attached or linked licence conditions (e.g. GPL, MIT, Apache).
  2. Any warranty or liability for open source components is excluded to the extent permitted by law.
  3. The software may integrate third-party APIs or services. Their use is subject to the respective terms of use and data protection provisions of the third-party providers. The licensor accepts no responsibility for this.

§ 5 Data protection

  1. Personal data is processed by freedom manufaktur GmbH in accordance with applicable data protection law.
  2. When using the software as SaaS, it may be necessary to conclude a data processing agreement (DPA).
  3. For further information, please refer to the privacy policy at: https://freedom-manufaktur.de/datenschutz

§ 6 Warranty and liability

  1. The licensor does not provide any warranty for the software unless expressly agreed. The statutory liability for material defects in B2B relationships applies with a limitation period of 12 months from delivery.
  2. Liability is limited to a maximum of 250,000 euros, except in cases of intent, gross negligence, or physical injury or damage to health. Liability for indirect damage or loss of profit is excluded.

§ 7 Export control

The licensee undertakes not to export the software to countries or persons subject to export restrictions or sanctions. This applies in particular to EU/US export law.

§ 8 Termination of contract

  1. In the event of a serious breach of these licence terms or default in payment, the licensor may terminate the licence without notice.
  2. After termination, the licensee is obliged to delete or return all copies of the software and to confirm this in writing.

§ 9 Final provisions

  1. German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. The place of jurisdiction is Nauen.
  3. Amendments and additions to this agreement must be made in writing.
  4. Should individual provisions of this agreement be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with one that comes closest to the economic purpose. The same applies to unintentional loopholes.

freedom manufaktur GmbH
Starnberger Straße 8
14612 Falkensee, Deutschland
E-Mail: info@freedom-manufaktur.de
Web: https://freedom-manufaktur.de