General Terms and Conditions of Arjada GmbH
Updated July 2016
3.1 General Contents (all versions)
Arjada GmbH provides the Customer with a non-exclusive arja.beryll® program version - the version current at the time of conclusion of the contract – in software form for use by the Customer (software license). The program version will be installed either locally on a Customer server (circle), by downloading through a Customer computer (light, easy, pro) or through installation on a local computer (peer), or externally on a arja.beryll® server (pearl). In the case of both arja.beryll® pearl and peer and arja.beryll® circle the program version can be used with the help of FileMaker Pro basis software. The minimal version of FileMaker Pro required in each case is indicated in the “system requirements” box on the product packaging or on the website.
Unless both parties expressly agree otherwise, the Customer, upon conclusion of the contract, receives access authorization for 2 users, which may be installed on one computer each. Additional user authorizations (for a maximum of 250 users per program version) may be purchased at any time and can be activated within 24 hours on weekdays. An increase in the number of users entails a corresponding adjustment of the license fee, which the Customer shall be notified of in a written quote prior to activation. For information about prices, please refer to the current Arjada GmbH pricelist on the Arjada GmbH website through the hyperlink “http://www.arjada.com.”
The basis software FileMaker Pro is expressly excluded from the arja.beryll® license and therefore not included in the license fee. This basis software may, however, be obtained by the Customer through Arjada GmbH. Information about current fees may be obtained from FileMaker GmbH or, upon request, may be submitted to the Customer in a separate quote.
Likewise excluded from the arja.beryll® license and therefore not included in the license fee are individual modifications to the non-exclusive arja.beryll® program version in the valid version current at the time of conclusion of the contract. Individual modifications are described in detail in section 4 of these General Terms and Conditions.
Unless both parties expressly agree otherwise, the Customer, upon conclusion of the contract, receives access authorization for 2 users, which may be installed on one computer each. Additional user authorizations (for a maximum of 250 users per program version) may be purchased at any time and can be activated within 24 hours on weekdays. An increase in the number of users entails a corresponding adjustment of the license fee, which the Customer shall be notified of in a written quote prior to activation. For information about prices, please refer to the current Arjada GmbH pricelist on the Arjada GmbH website through the hyperlink “http://www.arjada.com.”
The basis software FileMaker Pro is expressly excluded from the arja.beryll® license and therefore not included in the license fee. This basis software may, however, be obtained by the Customer through Arjada GmbH. Information about current fees may be obtained from FileMaker GmbH or, upon request, may be submitted to the Customer in a separate quote.
Likewise excluded from the arja.beryll® license and therefore not included in the license fee are individual modifications to the non-exclusive arja.beryll® program version in the valid version current at the time of conclusion of the contract. Individual modifications are described in detail in section 4 of these General Terms and Conditions.
3.2 Contents of arja.beryll® light, easy and pro Software Contract
The Customer shall perform a one-time installation of the arja.beryll® light, easy and pro program version by downloading from the internet or by installing the software from a data storage device onto a Customer computer. During a trial period the Customer may try out the software up to 30 times. When choosing to purchase the software, the Customer may confirm this by clicking on the corresponding option and paying for the program version by credit card or per invoice. Once payment has been received by Arjada GmbH, the Customer will be provided with an unlock code by email. Once unlocked, the Customer is free to use this program version without any time limits. Data entered during the trial period are retained.
Customer support for the arja.beryll® light, easy and pro program version is available through email (support@arjada.com). Smaller updates of the program version may be downloaded free of charge, whereas larger updates are subject to a charge. The Customer is provided with the terms of the contract in electronic form only.
Customer support for the arja.beryll® light, easy and pro program version is available through email (support@arjada.com). Smaller updates of the program version may be downloaded free of charge, whereas larger updates are subject to a charge. The Customer is provided with the terms of the contract in electronic form only.
3.3 Contents of arja.beryll® peer Software Contract
The arja.beryll® peer program version is installed by Arjada GmbH at the Customer’s expense. One device will be designated as quasi server and configured in such a way as to allow additional network users access to arja.beryll® peer within the local network. The Customer is aware that more than three network users accessing arja.beryll® peer at the same time may slow down the network considerably. The Customer is free to use the program version without any time limits. Program updates or new versions may be acquired against a fee; paragraph 9 below shall remain reserved.
The Customer is responsible for servicing and ensuring the proper functioning of the Customer’s local network and, consequently, also responsible for ensuring the proper functioning of the installed arja.beryll® peer version. In addition, the Customer is responsible for regularly creating backups.
The Customer also has the option to conclude a service contract (pursuant to paragraph 9 below). Arjada GmbH can arrange for the purchase of other hardware and software in addition to arja.beryll® peer, in which case the license terms of those products shall be applicable as well.
The Customer is responsible for servicing and ensuring the proper functioning of the Customer’s local network and, consequently, also responsible for ensuring the proper functioning of the installed arja.beryll® peer version. In addition, the Customer is responsible for regularly creating backups.
The Customer also has the option to conclude a service contract (pursuant to paragraph 9 below). Arjada GmbH can arrange for the purchase of other hardware and software in addition to arja.beryll® peer, in which case the license terms of those products shall be applicable as well.
3.4 Contents of arja.beryll® pearl Software Contract
With the arja.beryll® pearl program version, 10 GB of storage space are made available for use by the Customer on a server externally operated by Arjada GmbH, with the Customer leasing the storage or server space from Arjada GmbH based on a server subscription. The subscription fee will be charged annually.
Should the Customer need additional storage space, blocks of 10 GB each can be made accessible. An increase in storage space entails a corresponding adjustment of the subscription fee for leasing the server space, which the Customer shall be notified of in a written quote prior to activation. Fees will be prorated based on the remaining annual term of the subscription agreement and are due upon activation. For information about prices, please refer to the current Arjada GmbH pricelist on the Arjada GmbH website www.arjada.com.
Included in the subscription is a maintenance update performed by Arjada GmbH once per calendar year. In addition, the Customer has the option to conclude a service contract (pursuant to paragraph 9 below). The Arjada GmbH external server will create automatic nighttime backups every 24 hours on two devices. During this time the program may be running slow or lagging in its response. The Customer is aware that this is due to technical reasons and accepts this technical deceleration.
Should the Customer need additional storage space, blocks of 10 GB each can be made accessible. An increase in storage space entails a corresponding adjustment of the subscription fee for leasing the server space, which the Customer shall be notified of in a written quote prior to activation. Fees will be prorated based on the remaining annual term of the subscription agreement and are due upon activation. For information about prices, please refer to the current Arjada GmbH pricelist on the Arjada GmbH website www.arjada.com.
Included in the subscription is a maintenance update performed by Arjada GmbH once per calendar year. In addition, the Customer has the option to conclude a service contract (pursuant to paragraph 9 below). The Arjada GmbH external server will create automatic nighttime backups every 24 hours on two devices. During this time the program may be running slow or lagging in its response. The Customer is aware that this is due to technical reasons and accepts this technical deceleration.
3.5 Contents of arja.beryll® circle Software Contract
The arja.beryll® circle program version is installed by Arjada GmbH on the Customer’s local server against a charge. The Customer is free to use the program version without any time limits. Program updates or new versions may be acquired against a fee; paragraph 9 below shall remain reserved.
The Customer is responsible for servicing and ensuring the proper functioning of the Customer’s local network and, consequently, also responsible for ensuring the proper functioning of the installed arja.beryll® circle version. In addition, the Customer is responsible for regularly creating backups.
The Customer also has the option to conclude a service contract (pursuant to paragraph 9 below).
The Customer is responsible for servicing and ensuring the proper functioning of the Customer’s local network and, consequently, also responsible for ensuring the proper functioning of the installed arja.beryll® circle version. In addition, the Customer is responsible for regularly creating backups.
The Customer also has the option to conclude a service contract (pursuant to paragraph 9 below).
3.6 Term and Termination of arja.beryll® pearl Server Subscriptions
The subscription term runs for 12 months from the time of conclusion of contract and is automatically extended for another 12-month term, unless the subscription is cancelled in written form 3 months prior to the expiry of the term.
Should the Customer cancel the subscription, Customer may request a free backup file, which is saved as ARJA.BERYLL_BACKUP.bsf or BERYLL_BACKUP.bsf. This backup file may be accessed only by programs from the arja.beryll® series and may likewise only be imported into programs from the arja.beryll® series. The Customer is not entitled to a backup file that may be read by or imported into other programs. Should the Customer want Customer data to be provided in a different format, the feasibility of this shall be discussed with the contractor. The provision of data in a different format is subject to a charge. The Customer shall be notified of the additional fees by means of a written quote. For information about prices, please refer to the current Arjada GmbH pricelist on the Arjada GmbH website www.arjada.com.
Should the Customer cancel the subscription, Customer may request a free backup file, which is saved as ARJA.BERYLL_BACKUP.bsf or BERYLL_BACKUP.bsf. This backup file may be accessed only by programs from the arja.beryll® series and may likewise only be imported into programs from the arja.beryll® series. The Customer is not entitled to a backup file that may be read by or imported into other programs. Should the Customer want Customer data to be provided in a different format, the feasibility of this shall be discussed with the contractor. The provision of data in a different format is subject to a charge. The Customer shall be notified of the additional fees by means of a written quote. For information about prices, please refer to the current Arjada GmbH pricelist on the Arjada GmbH website www.arjada.com.
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