Politique de cookies
- 1. What are Cookies?
A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can recognise you when you revisit and remember certain information about you. This can include which pages you have visited, choices you have made from menus, any specific information you have entered into forms and the time and date of your visit.
- 2. Types of Cookies
There are two main types of cookies:
Session cookies: these are temporary cookies that expire at the end of a browser session; that is, when you leave the site. Session cookies allow the website to recognise you as you navigate between pages during a single browser session and allow you to use the website most efficiently. For example, session cookies enable a website to remember that a user has placed items in an online shopping basket.
Persistent cookies: in contrast to session cookies, persistent cookies are stored on your equipment between browsing sessions until expiry or deletion. They therefore enable the website to "recognise" you on your return remember your preferences and tailor services to you.
In addition to session cookies and persistent cookies, there may be other cookies which are set by the website which you have chosen to visit, such as this website, in order to provide us or third parties with information.
We currently use, and may use in the future, the following types of cookies on this website. We use session cookies to:
help us maintain security and verify your details whilst you use the website as you navigate from page to page, which enables you to avoid having to re-enter your details each time you enter a new page.
We use persistent cookies to:
- 4. Refusing Cookies on this Site
Stratégie de protection des données
For over 15 years, respecting and protecting individual client privacy has been vital to our business. By sharing our Privacy Principles, we trust that our individual clients will better understand how we keep client information private and secure while using it to provide services and products. Other privacy principles or policies may apply to clients of certain Realify Systems businesses in certain jurisdictions. Similarly, Realify Systems clients who receive information from or transact business with Realify Systems through the Internet are covered by the terms and conditions and any privacy notices posted on the Web sites they visit.
While Realify Systems is committed to ensure the highest standard of security on our systems, you as the end-user also play an important role to ensure that you are adequately protected when you use the Internet. The following security best practices are recommended:
- We may disclose and transfer any information that is provided through this Web site to: any company within the Realify Systems group, its affiliates, agents or information providers; to any other person or entity with a client’s consent; or if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. We may also transmit, transfer or process such information to, or through, any country in the world, as we deem necessary or appropriate (including to countries outside the EEA).
- We protect client information.
- We take our responsibility to protect the privacy and confidentiality of any client information very seriously. We maintain physical, electronic and procedural safeguards that comply with applicable legal standards to store and secure client information from unauthorized access and use, alteration and destruction. Our own policies and procedures have been developed to protect the confidentiality of client information and to help achieve compliance with relevant rules and regulations. We hold our employees accountable for complying with those policies, procedures, rules and regulations.
- We endeavor to collect, use and maintain client information only for appropriate purposes.
- We limit the collection, use and retention of client information to what we reasonably believe will help us deliver superior service, to administer our business, manage our risks, market our services and products, and to meet applicable laws and regulations.
- We share client information with affiliates and with others when we believe it will enhance the services and products we can provide to clients or for legal and routine business reasons.
- We share client information among our affiliates and business units when we believe it will enhance the services we can provide to clients, but only in circumstances where such sharing conforms to law, any applicable confidentiality agreements, our policies and practices, or where a client has consented to such sharing.
- From time to time, we enter into agreements with other companies to provide services to us or make services and products available to clients. Under these agreements, the companies may receive information about clients, but they must safeguard this information and they may only use it for those purposes that we specify.
- We provide clients with relevant and appropriate choices regarding the sharing of information with our affiliates and others.
- We will give clients choices regarding the sharing of information with affiliates and third parties in accordance with applicable law and their agreements with us.
While Realify Systems is committed to ensure the highest standard of security on our systems, you as the end-user also play an important role to ensure that you are adequately protected when you use the Internet. The following security best practices are recommended:
- Install anti-virus, anti-spyware and other internet security software on your PC. Use it regularly and keep it up-to-date.
- Take advantage of your PC’s security features. Make sure your browser uses the strongest encryption available and be aware of the encryption levels of the sites and applications you use.
- Regularly update your PC’s operating system and Web browser software with the vendor’s software patches and updates to protect your PC against known vulnerabilities.
- Do what you can to prevent unauthorized people from using your PC.
- Change your passwords often. Be sure to choose passwords that are hard for others to guess.
- If you notice suspicious activity in your accounts, report it immediately to the appropriate parties.
- Do not download or open any attachments sent to you by unsolicited email. Once opened, these programs may contain malicious programs that can compromise your PC’s security.
- Be on the alert for phishing scams. Access Web sites by typing the Web addresses directly into your Web browser or by using Web addresses you have bookmarked, instead of via embedded links in unsolicited emails.
permis d'exploitation générale, la performance
Terms of Service The fields marked with * terms are defined at the end. 1. Validity The supplies, services and offers of Realify System carried (hereinafter Realify System, we, or mentioned to us) only because of this business and licensing conditions, contrary to or from our business and licensing conditions of different terms (described as contractors or . Ehmer said license) are not recognized unless Realify System has explicitly agreed to their validity. Contract actions of Realify System shall not be considered as permission to deviate from our Terms and Conditions. These terms and conditions as a framework agreement for all further legal transactions between the parties and us, Realify System. 2. Contract A contract offer from a client requires an order confirmation. Also dasAbsenden the goods ordered by the customer signing the contract causes. Offers are submitted to us, then the offering is adequate, but at least 30-day period from receipt of the offer it. A sent email confirmation of order is not an order acceptance in the legal sense. 3. Price All our prices are, unless otherwise expressly stated, be understood in Euro and exclusive of VAT. Should the costs due place in terms of industry and intra-company financial statements or if other, for the calculation of relevant cost centers or power necessary costs such as material, energy, transportation, foreign labor, financing, change license fees, etc., we are entitled to increase or reduce prices accordingly. For consumer transactions shall point not 3. 4. Payment, default interest Unless otherwise agreed, to pay our debts train to train in exchange for the goods. Cash discounts are not allowed. Payments are only with the date of receipt in our business account, which also relates to payments which are third-party services such as credit cards, PayPal, Western Union, etc. made. If payment is delayed, we are entitled to demand for our choice of payment of actual damages or interest, if any. Our company is justified in the case of default by the customer, from the date of delivery of the goods (For digital deliveries: latest on activation) require compound interest. We reserve the right to license the program to access, online services and cloud services completely or partially blocked, if payments to Realify System partially or completely fallen more than 7 days in arrears. 5. Treaty Withdrawal In default of acceptance, or other important reasons, such as insolvency or bankruptcy of the customer rejection for lack of assets, and in default of payment we are entitled to rescind the contract if he is from both sides have not met in full. In the event of a withdrawal, we have to desire by fault of the customer the choice, liquidated damages of 35% of the gross invoice amount or compensation of actual damages. If payment is delayed, we are relieved of any further service and delivery obligations and entitled to withhold any outstanding deliveries or services and to demand advance payments or securities or to withdraw after a reasonable grace period. If the customer - without being entitled to do - cancel the contract or demands it is canceled, we will have the option to insist on the fulfillment of the contract or the cancellation of the contract to agree, in which case the customer is required at our discretion to pay liquidated damages amounting to 35% of the gross invoice amount or the actual damages. Other agreements in writing. 6. Reminder and collection expenses The contractor agrees in the event of default by the Realify System generated reminder and collection expenses, replace, to the extent they are necessary for appropriate legal action, where he has undertaken, in particular, replacing more than the remuneration for the collection agency, arising from the regulation on the maximum rates of collection agencies give due compensation. If the collection ourselves Realify System operates, is committed to the debtor, per reminder was an amount of EUR 10.90 and for the evidence of the obligation in credit every six months, an amount of EUR 43.21 and a license for blocking an amount of EUR 38 to pay 36, and for a Lizenzentsperrung an amount of EUR 38.36. 7. Delivery, acceptance delay Our prices do not include costs for delivery, delivery, installation, erection, installation, Konfigurationm advice and support. If desired, however, these benefits against separate payment provided by us or organized. The amount per delivery, the actual costs plus an appropriate administrative fee, are charged for the day of delivery in force or normal costs of the chosen method of service billed. Service work will be charged at an hourly rate, which ltd by the additional conditions of contract for IT services Realify System below shall apply. Any deviations from established rates for services may subject to the general price list for Realify System personal coaching, Realify System first-level support, Realify System second-level support, Realify System instant support and Realify System Consumer Support can be specified in writing. Services for third party products and support services for third-party products will be charged without exception, carried out on our terms. Travel costs are charged without exception, and performed to our conditions. 8. Delivery Time To performing a service, we are only obligated once the Client all its obligations, which are necessary for the execution was taking place, especially all technical and contractual details, preparatory work and measures has met. We are authorized to exceed the agreed dates and delivery times by up to six weeks. Only after that period, the customer may set a reasonable deadline to withdraw from the contract. 9. Of performance Performance is the headquarters of our company. 10. Minor Alterations If it is not approved by a consumer business, minor or other reasonable changes to our customers of our license, performance or delivery obligations than anticipated. 11. Ensure investigation and reprimand Warranty claims of customers, we always meet at our discretion, either through replacement, repair within a reasonable time or price reduction. Conversion (contract termination) can petition the customer only if the defect is essential, not by replacing or repairing unrecoverable and a price reduction for the customer is unreasonable. Claims of customers who intended to rectify the defect by repair or replacement can only be invoked if we meet the Warranty claims are in default. Warranty claims must, if it relates to movable property, be filed in court within one year from date of delivery. Is claimed by the client the existence of a defect, it can resulting claims, in particular because of warranty or indemnity asserted only if the customer proves that the defect was already in the time of delivery of the goods available means, including within the first six months after the date of delivery. The client in the sense of § § 377 f also the goods immediately after delivery to investigate but for a maximum within 3 working days. Here we are immediately identified deficiencies, at most give within 3 days after their discovery, stating the nature and extent of the defect in writing. Hidden defects must be reported immediately, but no longer than reported in writing within 3 working days of their discovery. If defects are not or not timely, the goods shall be deemed approved. Our commitment to ensuring a void in any case, upon expiration of the warranty period, a continuous special will also use the customers according to § 933b Civil Code for self-fulfilled the warranty obligations excluded. All the provisions of item 11 shall not apply to consumer transactions. All the provisions of item 11 for digital goods, licenses and software products are in the license agreements for products of the Realify Systems determine which are the latest agreed upon installation. 12. Damages All claims for damages in cases of slight negligence. This does not apply to personal injury or consumer businesses for damages to the handling of received goods. The presence of slight or gross negligence, unless it is a consumer transaction, to prove the victim. If it is not a Consumer business, the period of limitation for claims for damages for three years from passage of risk. The information contained in these Terms and Conditions or other agreed provisions on damages apply even if the damage claim is made in addition to or instead of a warranty claim. It is generally specified on the applicable license terms. Before connecting or transportation of computer technology products and prior to installation of computer programs, the customer is obliged to adequately secure on the computer system data that is already, otherwise it for lost data as well as for all related damages Responsibility to bear. These special provisions are determined in particular in the license agreements for products of the Realify Systems Inc. ergänzendne and conditions of contract for IT services, which are later than agreed upon installation. 13. Product Liability Compensation claims under § 12 of the Product Liability Act are excluded, unless the claimant can show that the error was caused in our sphere of influence and that gross negligence, provided it is material goods. 14. Retention of title and its assertion All goods, licensing and products are delivered under retention of title and remain our property until full payment. In the enforcement of reservation only a cancellation of the contract when this is explicitly stated. When returning goods we are entitled to charge any incurred transportation and handling charges. If third parties on the subject goods - especially through seizures - the customer is obliged to point out our ownership and inform us immediately. If the customer is a consumer or not a trader, whose real business of trading of the products we heard of goods purchased, he may be up to full payment of the purchase price of the reserved property is not available, do not sell them in particular, mortgage, loan or. The customer bears the full risk for the subject goods, in particular the risk of destruction, loss or deterioration. 15. Assignment of receivables For delivery under reservation, the customer already now assigns his claims against third parties, unless such costs through the sale or processing of our products, from until final payment of the outstanding account. The customer has to call us on demand to its customers, in time of the assignment. The assignment is in the books, especially in the open items - list of registered and on delivery notes, invoices etc. you can make to the customer. If the customer fails to pay towards us in default, so to separate the incoming sales revenue and the customer only hold these in our name. Any claims against an insurer within the limits of § 15 Insurance Contract Act was applicable to us. Claims against us may without our express permission not be transferred. 16. Retention If it is not a consumer transaction, the customer is on justified claim, except in cases of rescission to withhold the entire, but only an appropriate part of the gross invoice amount. 17. Law, Jurisdiction It is German law. The applicability of the UN Sales Convention is expressly excluded. If it is not a consumer transaction, is to decide on all disputes arising from this agreement at the headquarters of our company's appropriate court exclusively local jurisdiction. 18. Notice, Change of Address and Copyright The customer agrees that even in the Contract of Sale of personal data in the execution of this contract and for marketing purposes by us automatically, that is stored and processed. A transfer to third parties .. The customer is obliged to change his residence or to give business address as long as the legal transaction is not fulfilled by both parties. Failure to the statement, declarations shall also be considered as submitted, if the last known Address to be sent. Plans, drawings or other technical specifications as well as samples, catalogs, brochures, pictures and the like always our intellectual property rights, the Customer does not use or exploitation rights. 19. Writing All correspondence and amendments thereto, and any contract-related declarations, notification and documentation requirements must * be in writing, except as agreed on another additional form. 20. Severability If individual provisions are invalid, the validity of the remaining provisions shall not be affected. The parties will cooperate to replace ineffective regulations with provisions, which correspond to the invalid provisions, as far as possible. License terms for products of the Realify Systems The fields marked with * terms are defined at the end. 1. Contract Contract, the transmitted / Disk / downloaded or recorded computer program, as well as existing is the possibly existing PDF manual. 2nd Accuracy In the prior art, it is not possible to create software so that it works perfectly in all applications and combinations. Subject of the contract is therefore a software that is used according to program description generally usable. The accuracy and the particular function can not be guaranteed if other foreign programs are installed simultaneously with our system Realify programs and / or used. In particular, for this reason offer Realify System of free trials to test the required operating properties and in advance. 3. License We give you the simple and right (license), the supplied software on a single computer to use it unless we have granted such a network license. Unless otherwise confirmed in writing shall be valid for a purchased license, 30 years after the date of purchase. Further rights require separate written agreements. A redistribution of the Software to any third party, a rent, sell, lend or free distribution is prohibited (except demo versions, freeware versions of software and specially marked with the written approval). 4. Reference Listing With the approval of the agreement, the use of Realify Systems products or the purchase of Realify Systems products, you agree to your listing and eventual roll-call, provided a fully on our websites. This Realify can without infringing the rights of legally protected content of your website access and use to complete and represent your reference listing in full. Please inform us in writing if you do not agree that reference listing. Your entry will be removed immediately. 5. License Activation Acquired licenses must be capitalized and without exception. This ensures that the license was acquired regular and lawful and thus avoids the use of illegal serial numbers, which were not published by Realify System. The license is activated using your existing Internet connection and can only be done once per license. The Realify System can support on demand, these Internet activation reset several times. For the calculation and activation of the product license will make use of your local BIOS checksum, MAC address and serial number of the hard disk. 6. Authentication The authenticity of single-user licenses must be revised and confirmed. This ensures that the license is used on the licensed and activated PC, thus avoiding the use of the same license on several PCs, which would violate our license terms. The authentication is via internet and must be performed per single user license. For the calculation and confirmation of the authenticity will make use of your local BIOS checksum, MAC address and serial number of the hard disk. 7. Software Change It is expressly forbidden to translate the supplied software, to change of any kind, reverse engineer, decompile, to disassemble it to use for the return of the different production stages of the software (reverse engineering) or as the basis of its own software / own publications. 8. Copyright Infringement Realify System software is protected by copyright. We point out that the licensee is liable for all damages resulting from copyright infringement caused us. A copyright notice at inevitably leads to the display. 9. Software Maintenance We are entitled to software maintenance to operate at its own discretion. The replacement and upgrade of the software is at the request of the licensee only in exchange for a fixed service charge of us. We are not obliged to operate Softwarepfege. 10. Liability For these reasons, we do not assume any liability for the accuracy of the software and any damage caused thereby. In particular, we can not guarantee that the software requirements and purposes of the licensee or together with other software programs selected and hardware combinations. In addition, we adhere not for any incidental or consequential damages including but not for loss of profits. Responsibility for the correct choice and the consequences of the application, as well as the intended results rests with the licensee. In particular, for this reason offer Realify System of free trials to test the required operating properties and in advance. 11. Warranty Without exception the product "as is", sold, rented or geestellt available without any further warranties or representations of properties, regardless of whether express or implied, and including warranties of merchantability, satisfactory quality, merchantability or fitness for a particular purpose, or warranties that are based on applicable law, the business, trade usage, course of dealing (regular practice) or other grounds. The entire risk as to the results and the performance of the product is borne by you. Neither Realify System nor its dealers, suppliers and partners shall be liable to you or any other person or entity for any damages, including lost revenues or lost profits, lost or damaged data or other business or economic damages, which indirectly on occasion of the contract, or arise as a result of damage, even if informed Realify System over the possibility of such damages, and regardless of whether such damages were foreseeable or not. Realify System is not liable for claims by third parties. In any case, the liability of Realify System, its dealers, suppliers and partners be liable to you is limited to the amount that you paid for the product. In the case of free transfer of the license, the total liability is limited to 10 €. The views expressed in this provision limits apply regardless of whether an alleged injury or poor performance of a breach of an essential term or a fundamental breach. In some states / countries, the liability for consequential or incidental damages are not excluded or limited, so the above limitations shall not apply to you. 12. Transfer of licenses License numbers and files are specially issued to the licensee and contained in addition the full address and order data of the licensee. We will not share, sell, rent or loan to third parties is not permitted and violates our license agreement notice, without prejudice to further claims, in such case, without compensation catchment and / or block the license (s) ago. Excluded from the deployment ban are registered with us, and authorized channel partners with written approval. 13. Software for resale and NFR Products About the Dealer ordered products are intended for resale and not for their own use. We reserve the right, in the case of own use, without prejudice to further claims, without compensation to the collection and / or block the license (s) ago. NFR licenses are not acceptable for production systems and serve ledigich the demonstration. 14. Arrears We reserve the right to terminate existing licensing program in whole or in part if you are overdue with payments to Realify System partially or completely fallen more than 7 days in arrears. 15. Recognition of licensing conditions With the order or later than the first installation of our programs by Licensee this license fully recognized. If you do not accept our license agreement in whole or in part, or do not agree with provisions, and you'll necessarily depend on an installation and / or use. Service conditions of the Realify Systems The fields marked with * terms are defined at the end. 1. Nature and extent of the services Realify System shall provide the services (hereinafter also gennant services and works) to the agreements in the contract. The client (hereinafter referred to as contractor, customer or user) is assigned the project responsibility and success. Proper data backup * is for the client. Work-contractual services are not covered by the contract. Realify System providing the service on the current state of the art of contract and staff who are qualified to provide the agreed services. 2. Cooperation of the parties Contact the contracting parties are solely those named in the contract contact person. The Principal will issue requests for the service to be provided exclusively by the designated responsible contact Realify System (technical account manager, TAM) forward and the other of any instructions Realify System employed person, unless the TAM refers to these people. The system used by Realify persons enter into any employment relationship with the customer, even if they provide services on its premises. 3. Exchange of persons If a replaced by Realify System to fulfill the contract used by another person and is a training required, these shall be charged to the customer. In the selection system Realify the interests of the client will consider appropriate. The client can request the replacement of a system of Realify used to fulfill the contract person ask if it has failed repeatedly and seriously violate contractual obligations and Realify System agrees to the exchange. The costs of replacing such costs shall be borne by the customer. 4. Rights embodied in the service results Realify System grants the Customer the non-exclusive, perpetual, irrevocable, non-transferable right to use the services provided under the contract to use embodied service results, unless this is the purpose and terms of this contract. These rights include the agreed interim results, training materials and aids. Deviations from these terms and provisions of the agreement must be in the contract. In addition, the client with due regard for confidentiality and data protection obligations is entitled to exchange information within the public sector. 5. Contribution to the performance of the client The client Realify System in the provision of contractual services to support a reasonable extent. He will ask him in particular the necessary information and documents in full and on time. Any further involvement of the separate services agreement must be in the contract. 6. Remuneration A contract in the agreed compensation for expenses, the charges for the time spent on contractual services, unless otherwise agreed. * Cost of materials will be compensated separately. The Client is responsible delays and travel times of Realify System, such as working hours are paid. Realify System created when work is completed later calculations, unless otherwise agreed. A compensation expense is for the receipt of a verifiable and payable invoice, no later than 10 days after completion of the work. The calculation shall also be approved if and when the client is not claimed within 14 calendar days after receipt of objections does. Is set at an agreed compensation for expenses will be capped Realify System is also in this limit is reached and explicit written request by the client to provide his full duty bound, which is calculated then, unless this exceeds EUR 3000.00. A fixed price agreed in the contract, the pay for all contracted services, unless otherwise agreed. A Fixed price, unless otherwise agreed, due to complete the service. Travel time, travel costs * and * costs are paid according to contractual agreements. 7. Use of advanced digital services and service agreements By using the services Realify Systems Personal Coaching (RPC), Realify System First Level Support (RFL), Realify System second-level support (RSL), Realify System Instant Support (RIS), Realify Support and Update Package (USP), Realify Support and Update Package Plus (+ USP) and Realify Consumer Support System (RCS) by the customer (contractor) be subject to appropriate adjustments to the agreements. As the end of the month is always the last day of the month is considered as a month beginning the first day of the month. The RPC shall submit individual service terms, and the calculation basis for all the contractors performed services, etc. set of presentations, consultant and developer operations missions and arrival / departure and travel expenses. One is marked off by a contractor agreement with RPC Realify System by 01/01/2050 valid. A termination and the establishment of a monthly maximum limit is subject to suspension or both sides to mutual agreement of both sides. The RFL determines the be Realify System of services made by the TAM done directly with the contractor. The RSL defines the services can not be carried out directly between the contractor and Realify System, but the support and services are merely passively carried out by an autonomous IT service provider as an independent company, which is of Realify Systems supports its sole discretion, with Realify Systems has no liability, guarantee or warranty management for their performance and takes action. The RIS states that provides services, which no fixed terms are subject to be charged in the prepaid InstantPay process. This is particularly RIS services such as the accounting of value added services, text messages and instant payment systems. The USP states that the contractor receives for its licensed in the USP set Realify Systems products free product support, providing updates and support services within the current program * releases. The USP is not automatically renewed, but requires written consent by the Contractor and Realify System. Furthermore, the obligation Realify System in the USP specified support services in the RFL and RSL to apply within a defined time * Support and response times of about 98%. By using the RIS the times booked starting from receipt of payment, otherwise the calculation of services based on the RPC will occur at the end. You do not need USP already included free-month support period reduces the calculation of the overall effort of this included Stundenkontigent to a maximum of 10 hours. Unused included free-month support period expire at the end of the month. Excluding cost of service for third party products, third-party software as well as Realify System is not shared system, hardware and software configurations, which are calculated separately on the Basic RPC. From an effort to give extra month of 20 hours, the contract must be written consent from donors. Pricing conditions of the USP are in the order specified by the two sides adopted and confirmed. If these are not specified in writing and for licensing bzw.Lizenzerweiterung reduce the monthly calculation of 5% of the total list value of all licenses. The calculation is performed annually in advance. The USP defines Plus, which receives the contractor for its licensed in the USP Plus set Realify Systems products free product support, providing updates and support services within the current program * releases. In addition, even with full program jumps the current program release as part of and use of the USP Plus free of charge. Realify Systems is committed to ensuring the contractor within a period of 8 weeks after official release to access the new program release, Down, or upgrade within the USP * Plus are possible only with the written permission of Realify System. As the official publication of the day is defined, where the program release is available in the online shop at www.realifysystems.com. On the expiry of the specified period expires and calculated USP Plus, with immediate effect the right to use by the USP Plus licenses provided. The USP Plus is not automatically renewed, but requires written consent by the Contractor and Realify System. Furthermore, the obligation Realify System in the USP raise plus fixed support services in the RFL and RSL within a defined time * Support and response times of about 98%. By using the RIS the times booked starting from receipt of payment, otherwise the calculation of services based on the RPC will occur at the end. You do not need USP IMPLIED free Free-month support period reduces the calculation of the overall effort of this included Stundenkontigent to a maximum of 10 hours. Unused included free-month support period expire at the end of the month. Excluding cost of service for third party products, third-party software as well as Realify System is not shared system, hardware and software configurations, which are calculated separately on the Basic RPC. From an effort to give extra month of 20 hours, the contract must be written consent from donors. Pricing conditions of the USP Plus the job acceptance specified by the two sides and approved. If these are not specified in writing and for licensing or Lizenzerweiterunginzugefügt reduce the monthly calculation of 5% of the total list value of all licenses. The calculation is performed annually in advance. The RCS sets that supports Realify System the user of a program license at its discretion, if it uses the current program release. Realify System in the RCS is not obliged to provide updates, support or extended support. 8. execution of test positions By providing test positions the user will be offered the opportunity Realify PaperOffice test under real scenario and in the real infrastructure. The duration of test positions must be confirmed in writing. Program licenses are left free at a test position either for the test period a) or b) the subject of a calculation. If the program licenses have been the subject of a calculation, then after the trial length of employment and after deducting costs of the Realify Systems a) the amount calculated from a sum of one thousand euros credited to the user b) during the test position in Services used as support and advice in accordance with the current price list fully calculated and deducted from the credit sum. With the use of a test position of the user of the current price list is true without exception up to a maximum amount of license value. 9. Infringement If a claim against the principal claims of infringement of intellectual property rights * through the use of the transferred service results will be submitted, and use of harmful consequences or prohibited Realify Systems shall be liable for gross debt as follows: Realify System is to elect either to the agreed service results cost modify or replace the client that they violate the property right *, but essentially in accordance with the agreed service for the client reasonable manner or the contracting of license fees to the IP owner or a third party, at his expense. If this Realify System on reasonable terms not, he has to receive these services results to refund the fee paid, less a time to use deduction to account for, but at least 47%. In this case the client is obliged to return the service results. Conditions for the liability of Realify System are that the customer Realify System of claims of third parties are immediately notified, does not acknowledge the alleged infringement and will execute all dispute including any out-of-court settlements Realify System leaves or only in agreement with Realify System. The client created by the legal defense necessary legal and court costs shall be borne by the customer. If the client use to reduce the damage or for other reasons, he is obliged to notify the third party that is not connected with the use of setting an acknowledgment of the alleged infringement. If Customers the violation has to represent himself, claims against Realify System are excluded. Further claims by the client due to a violation of property rights of third parties * are excluded. This exclusion does not apply to intent or gross negligence and not for the loss of life, limb or health. 10. Privacy, confidentiality and security The principal (contractor and customer) ensures that all relevant Realify System, the legal regulations beyond matters which were helpful for him is necessary for reasons of privacy and confidentiality, will be announced. Before handing over a disk of the client system Realify the deletion is certainly worthy of protection and content ensures that a backup is available, unless otherwise agreed. Client and Realify System must comply with all information obtained in the framework of the contract confidential information to deal with business and trade secrets confidential, especially not to give to others, or otherwise exploited. This also applies to the exchange of experience within the public sector. This text was translated by machine. The legal basis is only the German version. Definitions CISG | United Nations Convention on Contracts for the International Sale of Goods (United Nations Convention on Contracts for the International Sales of Goods). Backup, backup, data backup, proper | backup includes all technical and / or organizational measures to ensure the availability, integrity and consistency of the systems, including data stored on these systems and data used for processing purposes, programs and procedures. Proper data backup means that the policies allow, depending on the data sensitivity of an immediate or short-term restoration of the status of systems, data, programs or procedures after detecting impairment of the availability, integrity and consistency due to a damage-acting event, the measures include at least the production and testing of Reconstruction capability of copies of the software, data and procedures in defined cycles and generations. Data loss | loss (deletion) or loss of integrity and consistency of data. Material expenses | expenses of the contractor for the use and consumption of raw materials and supplies and other products in the context of service provision. Service charges | costs of the contractor that are necessary for the provision of goods and services. They are not included in the agreed remuneration and are neither travel nor material costs. Licences | license rights granted to Licensee. Downgrade | Downgrade means a version of the program changes, which will reduce the functionality Upgrade | Upgrade means a version of the program changes, which is extended by the functionality Support times | times, to which access to support systems Realify System is guaranteed, with a guaranteed availability of 98% Reaction time | periods, responding to what is a request (eg the answer a customer call) or can be (eg ticketing) Program releases, interim Release | denotes the current intermediate program version (eg version 2.3.3) within a full program version (eg version 2) Travel expenses | expenses of the contractor for arrival and departure to the place of the agreed services, provided equal to the service office, normally not part of the cost of the personnel are. Expenses may include travel costs, accommodation allowance, transport costs etc. Writing | according to DE BGB § § 126, 126a, 126b, 127, and simple electronic form. Rights | commercial property rights or copyrights.
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