General Terms and Conditions of Arjada GmbH
Updated July 2016

5. Terms of Use for arja.beryll® versions

5.1 General Terms of Use
Rather than selling it to the Customer, Arjada GmbH provides the Customer with the arja.beryll® program ("software") for licensee use only. Its use is restricted in accordance with the provisions of these General Terms and Conditions of Arjada GmbH (GTC Arjada), as well as in accordance with any additional contractual agreements that may exist. In addition, Arjada GmbH reserves all rights not expressly granted to the Customer. For the entire period of use, Arjada GmbH retains ownership of the software and of all copies of the software. Single user versions like arja.beryll® LIGHT, EASY or PRO may only be used on the physical computer or device for which the version was purchased. It is the customers responsibility to order a license transfer prior to start working with arja.beryll® on a new computer or device.

5.2 Terms of Use for arja.beryll® Software
The Customer is entitled to use the software on the Arjada GmbH external server, on the Customer’s own local server or on a computer. The Customer has the right to allow serveral individuals access to the software, with the number of users complying to the subject terms of contract pursuant to paragraph 3 above.

The Customer is entitled to create a backup copy of the software in machine-readable form. This copy is, however, subject to the same provisions as the original software pursuant to paragraph 5, section 3, below.

The Customer is entitled to transfer this software and all rights derived from its use together with a copy of this contract to a third party, provided the Customer gives Arjada GmbH advance notice in writing of the transfer and the third party expressly agrees to comply with the provisions of the contract, as well as with the General Terms and Conditions of Arjada GmbH (GTC Arjada).

5.3 Limitations on Rights of Use
Without the prior written consent of Arjada GmbH, the following uses of the software in particular are prohibited:

The Customer may not sell or distribute to others the original software or copies of it. The software contains proprietary data and, in order for this information to be protected, the Customer may not decompile or disassemble the software or render it human-readable in any other form. The provision in paragraph 21 of the Swiss Federal Act on Copyright and Related Rights (URG) shall remain reserved. In particular, the Customer may not modify arja.beryll® versions. Under no circumstances may the Customer lease, lend, resell or distribute arja.beryll® versions. The software is subject to copyright law and contains proprietary data. Copyright, trademark and other proprietary notices included with the software may not be moved or removed altogether.

Non-compliance with any one of these restrictions will incur a contractual penalty pursuant to paragraph 6 below.

5.4 Termination of Rights of Use
Without the prior written consent of Arjada GmbH, the following uses of the software in particular are prohibited:

As a general rule, the rights of use of arja.beryll® software apply until termination of the particular type of contract (pursuant to paragraph 3 above). However, should the Customer violate any provision of the terms of use, these rights of use terminate immediately and without the need for Arjada GmbH to give notice. Upon termination of the rights of use the Customer shall destroy the software as well as all copies of it. The Customer may also terminate use at any time by destroying the software, including all copies of it, and giving Arjada GmbH notice to that effect in writing.

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