Dat-inf Measure – Software License Agreement (EULA)

Datinf GmbH – Data Analysis and Applied Computer Science Wilhelmstraße 42, D-72074 Tübingen, Germany

hereinafter “Dat-inf”

Status/Version: 2026-01-09 / Version 03

0. Preamble, Definitions, Scope

0.1 Software within the meaning of this agreement is the computer program “Dat-inf Measure” including associated files, modules, data, documentation and, if applicable, license keys.

0.2 Customer/End User is the person who installs/uses the software. A Consumer is any natural person who acts for purposes that are predominantly outside their trade, business, or self-employed professional activity. An Entrepreneur is a natural or legal person, or a partnership with legal capacity, who at the time of conclusion of the contract acts in the exercise of their trade, business, or self-employed professional activity.

0.3 These license terms apply to the use of the software unless otherwise agreed individually by contract or in a written company/multi-seat license.

0.4 By installing, copying, or using the software, you agree to these license terms. If you do not agree, you may not install or use the software.

I. Licensing Model and Right of Use

1.1 Trial License (15 days) Dat-inf grants you a non-exclusive, non-transferable right to use the software, limited to a period of 15 days from installation. The software's range of functions may be restricted.

1.2 Perpetual License / Paid License After the trial period expires, continued use requires a paid license. Unless otherwise agreed: A separate license is required for each workstation/device installation.

1.3 Scope of the Right of Use The right of use includes loading, displaying, running, and using the software as intended. The right of use is limited to the agreed license type (single-seat, multi-seat, company license, etc.).

1.4 Transfer Transfer/assignment of the software or the right of use to third parties is permitted only if expressly agreed in writing or if mandatory law provides otherwise.

II. Intellectual Property Rights, Copyright

2.1 The software is protected by copyright. All rights, in particular copyright and related rights, remain with Dat-inf or the respective rights holders.

2.2 You may not remove or alter copyright notices, serial numbers, watermarks, or other identification features.

III. Restrictions on Use, Reverse Engineering, Backup Copy

3.1 Prohibited actions (as a general rule) Unless mandatory law permits otherwise, you may not, in particular: a) modify, adapt, translate, or create derivative works, b) decompile, disassemble, reverse engineer, decrypt, or extract, c) reproduce, distribute, make publicly available, rent, lease, sublicense, or sell, d) circumvent technical protection measures.

3.2 Mandatory statutory exceptions The prohibitions in Clause 3.1 do not apply to the extent and for as long as actions are mandatorily permitted by law, in particular (without claiming completeness)

• the creation of a backup copy insofar as this is necessary to secure future use, and
• actions to achieve interoperability under the statutory requirements.

3.3 Backup copy You may create one backup copy insofar as this is necessary to secure use. Backup copies must be identified as such and stored securely.

IV. Registered Trademarks and Trade Names

Dat-inf is a registered trademark. Windows is a registered trademark of Microsoft Corporation. Other trademarks and service marks are the property of their respective owners.

V. Technical Notice, System Environment

Given the state of the art, it is not possible to create software that operates without errors in all combinations and applications. The subject of the contract is software that is, in essence, usable in accordance with its description and documentation.

VI. Updates, Digital Elements, Compatibility

6.1 General Dat-inf may provide updates, patches, or new versions. Unless otherwise agreed, there is no entitlement to specific features or further developments.

6.2 Consumers (digital products) If and insofar as a consumer contract for the provision of digital content/digital services exists, Dat-inf will provide the legally required updates (including security updates) for the period prescribed by law. The customer is obliged to install provided updates within a reasonable period; if this is not done, defect-related rights may be restricted, provided the statutory requirements are met.

6.3 Entrepreneurs For entrepreneurs, an obligation to provide updates exists only if expressly agreed (e.g., as part of a maintenance/support agreement).

VII. Support / Bug Fixing

7.1 Trial license For free use under the trial license, there is no entitlement to support, telephone assistance, or bug fixing.

7.2 Paid licenses Support services are owed only if expressly agreed (e.g., in the offer, a maintenance agreement, or a service level agreement).

VIII. Warranty / Rights in Case of Defects

8.1 Consumers For consumers, the statutory rights in case of defects apply. This license agreement is not intended to restrict these rights insofar as mandatory consumer law provides otherwise.

8.2 Entrepreneurs For entrepreneurs, the following applies: a) In the event of defects, Dat-inf will, at its discretion, provide subsequent performance by remedying the defect or delivering a defect-free version. b) If subsequent performance fails, the customer may reduce the price or withdraw from the contract in accordance with statutory provisions; damages only pursuant to Section IX. c) Obvious defects must be reported without undue delay, at the latest within 14 days after provision, in writing. d) A warranty/guarantee is assumed only if expressly designated as such and declared in writing.

IX. Liability

9.1 Unlimited liability Dat-inf is liable without limitation a) in cases of intent and gross negligence, b) for injury to life, body, or health, c) under the Product Liability Act, d) to the extent of a guarantee assumed.

9.2 Liability for simple negligence In cases of simple negligence, Dat-inf is liable only a) for breach of essential contractual obligations (cardinal duties). In this case, liability is limited to the typically foreseeable damage; b) otherwise, liability is excluded.

9.3 Data and data backup Unless mandatory law provides otherwise, the customer is responsible for regular data backups and ensuring an appropriate IT environment. Dat-inf is not liable for damages that would have been avoidable with proper data backup, except in cases of intent or gross negligence.

9.4 Limitation of liability for entrepreneurs (B2B) If the customer is an entrepreneur, liability for simple negligence under 9.2 is additionally limited in amount to twice the (annual) license fee per damage event and in total per contract year. This limitation does not apply in cases of unlimited liability under 9.1.

9.5 Third-party damages To the extent Dat-inf is liable under this section, this also applies to claims by third parties that are based on breaches of duty by the customer or its users, but only within the scope of the above provisions.

X. High-Risk Activities

The software is not fault-tolerant and is not intended for use in safety-critical environments where failure could lead to death, personal injury, or significant environmental damage (e.g., nuclear power plant control, flight navigation, medical life-support systems, weapons systems). Any use for such purposes is at the user’s own risk; suitability for such purposes is not warranted.

XI. Term, Termination, Consequences

11.1 The license applies for the duration of the agreed license type (trial license 15 days; perpetual license unlimited in time, subject to termination/cessation provisions in case of breach).

11.2 Dat-inf may terminate the license for cause if the customer materially breaches essential license obligations and fails to remedy the breach despite a reasonable deadline, insofar as required by law.

11.3 Upon termination, all installations must be uninstalled and all copies (including backup copies, insofar as not mandatorily permitted) must be deleted or destroyed. Statutory retention obligations remain unaffected.

XII. Multi-seat / Company Licenses / Precedence of Deviating Agreements

If the software is delivered or agreed with separate license terms (e.g., company license, multi-seat license, maintenance agreement) and these deviate from the present terms, the separate terms shall take precedence.

XIII. Applicable Law, Place of Jurisdiction

13.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the state in which the consumer has their habitual residence.

13.2 Place of jurisdiction If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this license is Tübingen. Otherwise, the statutory places of jurisdiction apply.

XIV. Final Provisions (Severability under § 306 BGB, Text Form)

14.1 If individual provisions of this license are or become wholly or partly invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall replace the invalid provision.

14.2 Amendments or additions to this license must be made in text form, unless stricter form requirements are prescribed by law.

XV. Contact

Datinf^® GmbH – Data Analysis and Applied Computer Science

Wilhelmstraße 42, D-72074 Tübingen, Germany

Email: info@datinf.de

Phone: +49 7071 2536960