This End-User License Agreement (hereinafter referred to as “EULA”) is a legal agreement between the company you represent (hereinafter referred to as “Customer”) and ADDI-DATA GmbH, Airpark Business Center, Airport Boulevard B210, 77836 Rheinmünster, Germany (hereinafter referred to as “ADDI-DATA”). In the event of any conflict between the terms of the EULA and the terms of an individual License Agreement, the terms of the individual License Agreement shall prevail. By downloading, however, at the latest by installing, accessing, and/or using the Software, you agree to the terms of this EULA.
1. This EULA applies to the delivery and licensing of Software by ADDI-DATA to the Customer. “Software” means any ADDI-DATA software,
- including drivers, SDKs, APIs, firmware, configuration tools, applications,
- whether delivered preinstalled on hardware, bundled with a Device, or supplied separately, and
- including updates, bug fixes, and patches of the Software, and
- including any related documentation,
The Software may be used independently or in connection with ADDI-DATA hardware devices (hereinafter referred to as “Devices”). The License Agreements are exclusively concluded with Customers, who are entrepreneurs.
2. For the distribution of Devices the terms and conditions of the EULA do not apply, but exclusively the general terms and conditions of sale and delivery (GTC) of ADDI-DATA.
3. Insofar as the Software contains third-party components and/or open source software components, the license conditions of the particular manufacturer or supplier and/or the currently valid open source software license conditions shall apply to such third-party software which ADDI-DATA supplies to the Customer. These stipulated conditions may contain provisions that differ from the terms of this EULA, in particular, with regard to the granting of use rights and the warranty and liability conditions. ADDI-DATA has no influence on the business and licensing policy of the manufacturers of third-party software and is unable to prevent, for example, the Customer incurring costs for a necessary upgrade, for example, due to changes in the license model for the third-party software or stopping support for certain versions in future. Upon request ADDI-DATA will inform the Customer about the valid license conditions for the third-party software. If the license conditions for the third-party software contain loopholes, the provisions of this EULA shall apply accordingly to the third-party software.
4. General terms and conditions or purchase conditions of the Customer shall not apply even if ADDI-DATA supplies deliveries without objecting to said conditions.
5. The then current version of the EULA shall also apply to all future License Agreements between ADDI-DATA and the Customer even if this is not expressly referred to again.
1. ADDI-DATA will provide the Customer with the Software, at ADDI-DATA’s discretion, either on a data storage medium, via email, or via download. The properties and functions of the Software, the type and scope of the licenses purchased by the Customer, and the remuneration (if any) are set forth and described on the ADDI-DATA website and/or within the individual License Agreement.
2. The Customer shall receive the Software in the latest version at the time of delivery. Unless expressly otherwise agreed, the Software will be provided to the Customer only in object or binary code form. The Customer shall have no right to receive the source code of the Software. If necessary for the intended use of the Software, ADDI-DATA may provide the Customer with user documentation or other explanations in electronic form, e.g. as PDF file, in the English language.
3. The Customer shall be responsible for installing and integrating the Software in his hardware, for complying with the agreed use conditions and system requirements and for ensuring smooth interaction between the Software and his own systems and other programs. ADDI-DATA provides software support services only after a separate support agreement has been concluded.
1. ADDI-DATA conserve tous les droits, titres et intérêts sur le Logiciel et la documentation, y compris tous les droits de propriété intellectuelle et industrielle, à l’exception des droits expressément accordés au Client en vertu du présent CLUF.
2. Subject to acceptance of this EULA and (where applicable) timely payment of all fees, ADDI-DATA grants the Customer a non-exclusive, non-transferable, perpetual right to use the Software for the Customer's own business purposes and solely
- for the use with ADDI-DATA Devices that Customer owns or controls, and
- for the internal business operations of Customer, including developing internal applications that interface with such Devices.
3. The Customer may use the Software for the type and number of licensed Devices or Device categories as defined by ADDI-DATA. The type and extent of the granted use rights are set forth in detail in the description of the license scope on the ADDI-DATA website, within the License Agreement and/or within the documentation of the Software. Within the license scope the Customer shall be entitled to make copies of the Software to the required extent as well as make necessary backup copies which shall be marked as such.
4. Except where expressly permitted by applicable law, the Customer shall not, and shall not permit any third party to:
- sublicense, lease, rent, sell, distribute, or provide the Software on a service basis;
- modify, port, translate, or create derivative works of the Software;
- remove, obscure, or alter any proprietary notices or markings;
- use the Software with any hardware other than the permitted Devices;
- exceed any Device limitations that apply to the license;
- circumvent technical restrictions or license controls in the Software.
In particular, the Customer shall not be entitled to translate, modify or redesign the Software beyond the extent permitted by law – especially the extent described in § 69d of the German Copyright Act. Disassembly and decompilation of the Software to establish interoperability of the Software with other programs is only permitted under the conditions and within the mandatory limits of § 69e German Copyright Act and if ADDI-DATA does not voluntarily provide the necessary information and documents within a reasonable period of time despite written request by the Customer.
5. If the Customer receives Software from ADDI-DATA as trial or beta version or solely for test and evaluation purposes, the Software may include reduced or incomplete functionality. The use rights of the Customer shall be limited to those actions whose objective is to determine the state of the Software and its suitability for the Customer's operational purposes and systems. Any further acts of use, in particular productive operation, as well as the creation of copies (including backup copies), editing and decompilation of the Software are prohibited. At the end of an agreed test or evaluation period, the Software may automatically disable itself. Otherwise, the Customer shall delete the Software completely and irretrievably from his systems and shall provide ADDI-DATA with written confirmation of deletion upon request.
6. Any use of the Software beyond the agreed license terms requires ADDI-DATA's prior written consent. If the Software is used without this consent, ADDI-DATA shall invoice the Customer for the remuneration resulting from the further use (also retrospectively). Claims for damages remain reserved.
1. The Customer shall have no right to the provision and installation of regular functional updates or upgrades. Mandatory legal claims of the Customer remain unaffected.
2. ADDI-DATA reserves the right, e.g. in the context of further developments of the Software, to provide the Customer with updates, including bug fixes, improvements, or security patches for the Software, e.g. if this appears necessary in regard of existing or suspected security gaps or malfunctions or if it is recommended for the optimization of the affected Software. Significant functional restrictions are not associated with such updates. The Customer hereby agrees to the installation of such updates.
3. The Customer is responsible for the download and installation of any update of the Software. Updates of the Software are provided in object or binary code. ADDI-DATA will not provide the source code of updates to the Customer. The Customer is solely responsible for reviewing, testing, and qualifying any update before deploying it into production systems. In particular, the Customer shall check every update it receives to determine whether it is free of defects before it starts productive use. Regarding the rights of use related to updates, the conditions of § 3 shall apply accordingly. The rights to the Software version replaced by the update shall lapse automatically with the start of the productive use of the update.
1. If ADDI-DATA provides the Customer with Software (e.g. as a beta or test version) or with updates of the Software free of charge, the Software and/or update is provided “as is” and is not subject to ADDI-DATA’s liability for defects as described in this § 5. Mandatory legal claims of the Customer (e.g. for intentional breaches of duty) remain unaffected.
2. In case ADDI-DATA provides the Customer with Software against payment of a remuneration, ADDI-DATA warrants that the Software at the time of delivery has the agreed properties and functionalities, and that the contractually agreed use of the Software does not infringe any third-party rights. Technical data, specifications and performance details in public statements by ADDI-DATA, especially in advertising material, shall not be regarded as contractually agreed specifications.
3. Defects shall not include functional impairments of the Software which arise, for example, from incorrect operation by the Customer, from the Customer's systems or system environment, from incomplete or incorrect data or data not complying with the requirements of ADDI-DATA, or from other circumstances from the Customer's sphere of risk. Any liability for defects shall depend on the Customer complying with the system requirements and operation conditions specified by ADDI-DATA, and not changing the Software or using it contrary to the provisions of the License Agreement or this EULA, unless the Customer proves that the defect does not relate to these circumstances.
4. ADDI-DATA shall remedy defects through subsequent performance, which shall be carried out at the choice of ADDI-DATA either by delivering a Software version free of defects or by rectifying the defect. ADDI-DATA may also rectify the defect by initially showing the Customer reasonable possibilities to prevent or circumvent the impacts of the defect.
5. If subsequent performance finally fails (at least two (2) attempts for each duly claimed defect), the Customer may withdraw from the License Agreement or reduce the remuneration. In individual cases, more than two (2) attempts of subsequent performance may also be appropriate and reasonable for the Customer. In the event of only insignificant deviations of the Software from the agreed quality, the Customer shall not be entitled to withdraw from the License Agreement. There shall be no right to self-performance or performance by a third party. ADDI-DATA shall pay damages or reimbursement of futile expenses due to a defect only within the limits set forth in § 7.
6. If ADDI-DATA provides services during the analysis or rectification of a defect without being obliged to do so, ADDI-DATA may request the Customer to pay separate remuneration for these services based on the actual cost. This provision shall apply, in particular, whenever a defect reported by the Customer cannot be proven or cannot be attributed to ADDI-DATA. There shall be no claim to additional remuneration if it was not recognizable to the Customer, despite applying the necessary and reasonable care, that there was no defect in the Software.
7. The limitation period for defect claims by the Customer shall be one (1) year. This provision shall not apply if ADDI-DATA caused a defect intentionally or through gross negligence, maliciously concealed a defect from the Customer or another compelling legal regulation precludes a reduction in the limitation period.
1. ADDI-DATA warrants that the Software provided to the Customer is free of third-party intellectual property rights and shall indemnify the Customer from third-party claims due to infringements of intellectual property rights in accordance with the following provisions.
2. If third parties raise claims against the Customer due to the infringement of their intellectual property rights caused by the Software, the Customer shall inform ADDI-DATA immediately in writing and in detail. ADDI-DATA shall be entitled but not obliged to solely conduct the dispute with the third party both in and out of court. If ADDI-DATA makes use of this option, the Customer shall support ADDI-DATA in its defense to a reasonable extent without payment and shall grant ADDI-DATA all necessary authorizations in this respect. The Customer will not acknowledge the claims of the third party on its own initiative.
3. If the Software contains a defect of title at the time of delivery, ADDI-DATA shall provide the Customer with a lawful way to use the Software. To rectify the defect, ADDI-DATA may alternatively at its choice modify the affected Software or replace it (fully or partially) by equivalent Software. If an infringement of third-party intellectual property rights and/or a legal dispute concerning the third-party claims can be rectified or avoided by the Customer using a more up-to-date version of the Software provided by ADDI-DATA free of charge, the Customer shall be obliged to accept and use this Software as part of its obligation to minimize damages, unless the Customer proves that use of the more up-to-date version is unreasonable for it.
4. ADDI-DATA will indemnify the Customer within the liability limits set forth in § 7 from all damages arising from the infringement of intellectual property rights, insofar as these are based on a defect of title in the Software used by the Customer in accordance with the License Agreement and this EULA, and for which ADDI-DATA is responsible. In all other respects, the provisions for material defects in § 5 apply accordingly to the Customer's claims based on defects of title.
5. ADDI-DATA is not liable, in particular, if claims of a third party based on alleged infringement of intellectual property rights are based on the fact that the Software was modified by the Customer or used in violation of the contractually agreed purposes and conditions of use (e.g., for Devices other than those agreed upon or in a system environment other than that agreed upon).
1. If ADDI-DATA provides Software or updates to the Customer free of charge without any remuneration, e.g. as freeware, beta version or solely for testing purposes, ADDI-DATA shall only be liable for intent and gross negligence, regardless of the legal reason.
2. ADDI-DATA will pay compensation for property and financial damage and loss as well as for futile expenses, regardless of the legal reason (e.g., due to defects, default, tort or other breaches of duty), only to the following extent:
- in the event of intent and gross negligence as well as in the event of an assumption of a guarantee (Garantie) by ADDI-DATA in the full amount;
- in all other cases only in the event of a breach of a material contractual obligation, without which the achievement of the purpose of the License Agreement would be jeopardized and on the fulfillment of which the Customer may therefore regularly rely (Kardinalpflicht); and in these cases restricted to compensation for typical damages foreseeable by ADDI-DATA at the time of the conclusion of the License Agreement, however, per each damage event limited to EUR 5.000,-.
- In all other respects, ADDI-DATA’s liability is excluded.
3. ADDI-DATA shall be liable for the restoration of data within the limits set forth in § 7.2 only to the extent that the Customer has ensured that the data can be reproduced at any time with reasonable effort from data backups stored by the Customer in machine-readable form.
4. The above-mentioned liability restrictions shall also apply to the legal representatives, agents and employees of ADDI-DATA.
5. The statutory liability for damages resulting from the loss of life, physical injury or injury to health and according to the Product Liability Act shall not be affected by the above-mentioned provisions.
1. Where applicable, the amount and due date of the license fees as well as the available payment options are set forth in the individual License Agreement.
2. All payments shall be made by the Customer without deductions within 30 calendar days from the date of receipt of the invoice. All prices are exclusive of the applicable statutory value-added tax, if applicable.
1. The Customer shall be obliged to maintain confidentiality regarding all business and trade secrets of ADDI-DATA entrusted to him, made accessible to him, or which become known to him in another way. The Customer shall only use this confidential information for the intended purpose of the License Agreement. The Customer shall grant access to the confidential information only to those of his employees who need to know it in order to fulfill the purposes of the Licence Agreement (need to know principle). The obligation to maintain confidentiality shall apply for a period of three (3) years after the License Agreement has ended.
2. The confidential information of ADDI-DATA shall include, in particular, the Software (along with documentation) in all code forms. The use rights granted in § 3 above shall not be affected in this respect. The Customer shall not be entitled to obtain confidential information of ADDI-DATA through reverse engineering. Reverse engineering shall be regarded as all actions, including observation, testing, examination and deconstruction, with the objective of acquiring confidential information. The application of mandatory statutory copyright regulations remains unaffected in this respect.
3. The obligation to maintain confidentiality shall not apply to confidential information which was already known to the Customer beforehand without the obligation to maintain confidentiality or is or becomes generally known without the Customer being responsible, or which is legally notified to the Customer by a third party without the obligation to maintain confidentiality or was proven to have been developed independently by the Customer.
4. Any other legal obligations to maintain confidentiality (e.g. in relation to business and trade secrets from the Law on the Protection of Trade Secrets or regarding personal data from the General Data Protection Regulation (GDPR)) shall apply and shall not be affected by the above-mentioned provisions.
5. The Software may process technical information relating to the operation of the Device, including error logs, crash reports, hardware diagnostics, performance metrics, configuration parameters, and other telemetry necessary to maintain security, stability, and proper functioning (“Operational Data”). Operational Data does not include personal data in the sense of the General Data Protection Regulation (GDPR). The Customer hereby gives its consent that ADDI-DATA may collect, copy, process, analyze or modify such Operational Data for its own business purposes, e.g. for the purpose of defect correction, optimizing existing Devices or developing new Devices.
1. Export of the Software by the Customer and/or use in an international context, e.g. by his foreign subsidiaries, may be subject to national and international provisions of export control law. In this case the Customer shall be responsible for complying with any export restrictions and requirements (e.g. obtaining official permits) and shall pay the related costs. In particular, the Customer shall not export, re-export or transfer the Software to any embargoed or sanctioned country, entity, or individual. Providing remote access to the Software may also constitute an export in the sense of export control law. The Customer will indemnify ADDI-DATA upon first request against all claims, costs and damages in connection with violations of export control regulations by the Customer.
2. The Customer may only assign or transfer contractual rights and obligations to third parties – including companies affiliated with the Customer – with the prior written consent of ADDI-DATA. § 354a of the German Commercial Code shall not be affected.
3. Any amendments and additions to the License Agreement, as well as declarations effecting the License Agreement (e.g. settings of deadlines, termination) must be made in writing in order to be effective. The contractually agreed written form requirement shall also be effected through the transfer of documents via email. The written form requirement can itself only be waived in writing.
4. The License Agreement and this EULA shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the conflict of laws rules of private international law and excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising out of or in connection with the License Agreement or this EULA shall be Karlsruhe, Germany. ADDI-DATA shall also be entitled to take legal action at any other national or international court of competent jurisdiction.
5. If individual clauses of the License Agreement or this EULA are or become invalid, or if the License Agreement or the EULA contains a loophole, the validity of the other clauses shall not be affected. The contracting parties shall replace the invalid or missing clause by a valid clause which comes as close as possible to the intended economic purpose of the contracting parties at the time of conclusion of the License Agreement.
6. This EULA had been drafted in German, English and French. In the event of any discrepancy between the three language version, the German language version shall prevail.
Version 1.0, dated 16. March 2026