EULA

End User License Agreement (EULA)

freedom manufaktur GmbH
Version: February 2026

Definitions

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

  • “Software” means the programs provided by the Licensor in object code form, including documentation, configuration, and all related components.

  • “Licensee” means the contractually authorized entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).

  • “Device” means a hardware unit on which the Software is installed.

  • “Update” means a modification or improvement to an existing version of the Software.

  • “Upgrade” means a new version of the Software with extended functionality.

§ 1 Subject Matter of the Agreement

  1. This license agreement governs the use of software products provided by freedom manufaktur GmbH (hereinafter referred to as the “Licensor”) by entrepreneurs within the meaning of Section 14 BGB (exclusively B2B customers).

  2. The Software consists of the object code specified in the product data sheet, related documentation, and, where applicable, third-party components. Use of the Software requires proper payment of the applicable license fees.

  3. By installing, downloading, or using the Software, the Licensee agrees to be bound by the terms of this Agreement.

  4. The Licensor reserves the right to introduce license key mechanisms or license certificates as technical protection measures.

  5. Third-party software components may be subject to separate license terms, which will be provided separately where applicable.

§ 2 Grant of License and Usage Rights

  1. The Licensor grants a non-exclusive, non-transferable license to use the Software on the agreed number of workstations or Devices.

  2. Use by third parties, including affiliated companies or external service providers, is not permitted without the Licensor’s prior written consent.

  3. One backup copy may be made for archival purposes, provided that all copyright notices remain intact.

  4. Modification, reverse engineering, decompilation, or alteration of the Software is prohibited unless expressly permitted by mandatory law.

  5. Upon acquisition of an Upgrade, the license for the previous version shall terminate once replaced by the new version.

  6. The acquisition of a license does not include any entitlement to future Updates, Upgrades, or support services, unless separately agreed.

  7. The Licensor is entitled to provide or automatically deploy security-related Updates or patches where necessary to maintain operational security.

  8. The Licensor is entitled, upon reasonable prior notice and during normal business hours, to verify proper license usage by the Licensee (e.g., via audit or license report).

  9. Support services (e.g., response times, SLAs, communication channels) require a separate support agreement.

§ 3 Electronic Provision

  1. Downloads are performed at the Licensee’s own risk. The Licensor shall not be liable for interruptions, transmission errors, or data loss occurring during download.

  2. The Licensee is solely responsible for verifying the suitability of the Software for its intended purposes.

§ 4 Open Source and Third-Party Components

  1. The Software may contain open-source components. Such components are subject exclusively to their respective license terms (e.g., GPL, MIT, Apache).

  2. To the extent permitted by law, no warranty or liability is assumed for open-source components.

  3. The Software may integrate APIs or services of third parties. Their use is subject to the respective third-party terms and privacy policies. The Licensor assumes no responsibility in this regard.

§ 5 Data Protection

  1. Personal data shall be processed by freedom manufaktur GmbH in accordance with applicable data protection laws.

  2. Where the Software is provided as SaaS, a data processing agreement (DPA) may be required.

  3. Further information is available in the Privacy Policy at:
    https://freedom-manufaktur.com/datenschutz

§ 6 Warranty and Liability

  1. The Licensor assumes no warranty unless expressly agreed. Statutory warranty provisions under German commercial law apply, with a limitation period of twelve (12) months from delivery in B2B relationships.

  2. The Licensor’s liability is excluded except in cases of intent, gross negligence, injury to life, body or health, and liability under the German Product Liability Act.

    In cases of simple negligence involving the breach of essential contractual obligations (cardinal duties), liability is limited to the typical, foreseeable damage, capped at EUR 250,000.

    Liability for indirect damages, lost profits, or consequential damages is excluded.

  3. The Licensee is obliged to inspect the Software immediately upon provision for obvious defects. Obvious defects must be reported in text form no later than seven (7) calendar days after provision. Hidden defects must be reported in text form without undue delay upon discovery. If the Licensee fails to properly report defects, Section 377 of the German Commercial Code (HGB) shall apply.

§ 7 Export Control

The Licensee undertakes not to export or transfer the Software to countries or persons subject to export restrictions or sanctions. This applies in particular to EU and U.S. export control regulations.

§ 8 Termination

  1. In the event of a material breach of this Agreement or payment default, the Licensor may terminate the license with immediate effect.

  2. Upon termination, the Licensee must delete or return all copies of the Software and confirm such deletion in writing.

§ 9 Final Provisions

  1. This Agreement shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

  2. The place of jurisdiction is Nauen, Germany.

  3. Amendments and supplements to this Agreement must be made at least in text form (Section 126b BGB). This also applies to any amendment of this formal requirement.

  4. Should any provision of this Agreement be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with one that most closely reflects the economic intent of the original provision.

§ 10 Confidentiality

  1. The Licensee undertakes to treat as strictly confidential all technical, commercial, and organizational information made available in connection with the Software, including but not limited to structures (where disclosed), concepts, documentation, specifications, and trade secrets of the Licensor.

  2. The confidentiality obligation shall survive termination of this Agreement.

§ 11 AI and Content Responsibility

  1. If the Software includes automated processing, analytical, or content-generation functions (e.g., AI modules or algorithmic systems), the Licensee is solely responsible for ensuring the legal admissibility of its use and of all processed or generated content.

  2. The Licensor assumes no liability for decisions, actions, or results based on automatically generated outputs.

§ 12 No Transfer of Ownership

The granting of a license confers solely a right of use. No ownership rights in the Software, source code, or other intellectual property rights are transferred.

§ 13 Amendments to this EULA

  1. The Licensor is entitled to amend this EULA for objectively justified reasons, in particular changes in legal requirements, technical developments, or expansion of functionality.

  2. Amendments shall be notified to the Licensee in text form at least four (4) weeks before taking effect.

  3. If the Licensee does not object within four (4) weeks after receipt of the notification, the amendments shall be deemed approved.

freedom manufaktur GmbH
Starnberger Straße 8
14612 Falkensee
Germany

Email: info@freedom-manufaktur.com
Website: https://freedom-manufaktur.com