End User License Agreement („EULA“)
This End User License Agreement („EULA“) governs the use of Link11 GmbH („Link11“), in particular, the use of applications, software, their respective upgrades, patches and updates, and associated services („Services“), which are currently or in the future provided by Link11 or a subsidiary company. The customer may use the product in accordance with this EULA.
The contractual partner of the customer with regard to the provision of the services is a partner company of Link11 („Partner“) and not Link11 itself.
This EULA shall form an integral part of the contractual agreement between the customer and the partner („Customer Agreement“).
1. Changes of these EULA
Link11 shall be entitled to amend this EULA at any time. The partner shall notify the customer of any amendments to the EULA in writing or text form at least four (4) weeks before such amendments come into force. The customer shall be entitled to object to the amendment of the EULA in writing or in text form within four (4) weeks of notification of the amendment. The partner shall expressly draw the customer’s attention to this period in the notification of amendment. If the customer fails to object, the amended EULA shall become an integral part of the contract upon their entry into force. In the event of an objection, the partner shall remain obligated to provide the services unchanged, but shall be entitled to terminate the Customer Agreement for good cause.
2. Provision of Services
2.1 Unless otherwise agreed, Link11 shall make its services available for use within 14 working days after conclusion of the contract („Service Commencement Date – SCD“). For individual Services, this may require the customer to complete and submit to Link11 the „Service Onboarding“-form provided by Link11 immediately upon completion of the service order, but no later than (7) business days after completion of the service order, or, to the extent possible for individual services, to complete and submit the configuration in the „Web-GUI Portal“. If the customer fails to do so or fails to do so in a timely manner, Link11 shall be entitled to provide the services at the SCD in any case and to charge the customer for the said services.
2.2 The date of the SCD shall be documented by Link11 in the Web GUI Portal or in the „Handover Document“.
2.3 Link11 shall provide the services in accordance with the quote and the standards generally accepted for the IT industry at the time of the agreement of a service order, unless otherwise agreed in the service order. Link11 shall only be obliged to comply with technical or other standards if these are expressly listed in the service orders. Then these standards shall apply in the version applicable at the time of the conclusion of the agreement.
2.4 Link11 shall endeavor to continuously improve and further develop its services. For this purpose, Link11 shall reserve the right to use and statistically evaluate information on the customer’s usage behavior and traffic related to the services.
3. Changes of the Services
3.1 Link11 shall be entitled to change the services at any time. This shall include, in particular, the right to replace the agreed services in whole or in part by equivalent services and/or to supplement services so that no disadvantages arise for the customer. Link11 shall be entitled to make changes to the services that are or may be disadvantageous to the customer, insofar as new legal and/or official requirements make changes necessary, insofar as the respective change is necessary to adapt to the state of the art, to comply with security regulations and data protection provisions and for security reasons, and/or insofar as Link11 has another legitimate interest in changing the services.
3.2 The customer shall be informed by the partner in writing or in text form of any such changes to the services that are potentially detrimental to the customer at least four (4) weeks before such changes come into effect. The customer shall be entitled to object to the change of the affected services within four (4) weeks after notification of the change in writing or in text form. The partner shall expressly draw the customer’s attention to this period within the scope of the change notification. If the customer fails to object, the services affected by the change shall become part of the contract after expiry of the four-week period. In the event of an objection, the partner shall remain obligated to provide the services unchanged, but shall be entitled to terminate the respective customer contracts for good cause.
4. General Obligations of the Customer
4.1 The customer shall acknowledge its obligations to cooperate (as set forth in this EULA and, if applicable, additionally in the Customer Agreement) as a prerequisite for the provision of the services and thus as its contractual obligations.
4.2 If, pursuant to section 3, changes to the services become part of the contract, the customer shall, after being notified accordingly by Link11 or the Partner, immediately take all actions necessary to maintain the functionality of the services.
4.3 The customer shall be obligated to use the service in accordance with the Customer Agreement exclusively for internal purposes. The customer shall be responsible for using the service in a manner that ensures that the service functions optimally in accordance with the Customer Agreement. The customer shall be responsible for creating and maintaining the technical prerequisites for the use of the services as specified in the respective customer contract.
4.4 The customer shall not be permitted to perform penetration and/or load tests of its systems for which Link11 provides services without prior written consent. Unauthorized load tests may lead to false reports, escalations as well as to the impairment of the services and the infrastructure of Link11.
4.5 The Customer shall keep secret all passwords provided to it by Link11 or the Partner for the use of the services and shall not disclose them to unauthorized users. If passwords are disclosed / passed on to unauthorized users, the customer shall inform the Partner immediately. The customer shall document and provide the partner with all information required to resolve the incident. The customer shall be liable for damages and costs arising from lost or expired passwords and the use of the services by unauthorized persons.
4.6 The customer shall provide Link11 with a list of all authorized persons including telephone, password and authorizations („Authorization List“) prior to the first use of support and shall be obliged to keep the Authorization List up to date at all times. The Authorization List shall be set up in Link11’s web GUI portal under the menu option „Contacts“ for completion by the customer. Departing employees, changes of authorizations of employees or new hires with authorizations shall be made in the Authorization List by the customer without undue delay. In the case of telephone inquiries, Link11 shall carry out a password check. Requests shall only be processed after successful authentication. Link11 shall reject unauthorized requests. Requests by e-mail to the ticket system shall be verified by the e-mail address and in some cases by the customer number to be provided.
4.7 The customer shall use the services exclusively for legal infrastructures / web presences. Furthermore, the customer shall not use the services for infrastructures / web pages that disseminate right-wing or left-wing extremist, xenophobic, racist, anti-Semitic and/or conspiracy-theoretical ideas and/or content that glorifies violence or pornographic content.
5. Defaults of Service
5.1 The Partner shall guarantee that the contractually agreed services are performed in accordance with the contract and with due care and attention to the standards customary in the industry, taking into account Link11’s special knowledge and experience. The Partner shall be liable for any breach of this obligation within the scope of the agreed limitation of liability. Any warranty shall be excluded.
5.2 The Partner shall not be responsible for disruptions and limitations of the services if their cause lies in the network infrastructure (e.g. failure of transmission paths and carriers, IP blocks in individual countries) and/or in the customer’s IT infrastructure (e.g. failure of data centers).
5.3 In the event that services are not available during the agreed availability periods due to reasons for which the Partner is responsible, the customer’s claims shall be determined in accordance with the provisions in the Customer Agreement.
6. Force Majeure
During the occurrence of an event of force majeure (e.g. pandemic, epidemics, riots, official measures, fire, floods, acts of terrorism, war, strikes, natural disasters and other unforeseeable, unavoidable and serious events, including but not limited to the failure of technical facilities, use or Internet failures, significant legal changes), shall Link11 be released from its performance obligations for the duration of the disruption and in dealing with its effect. This shall also apply if these events occur at a time when Link11 is in default. Link11 shall be obliged to inform the customer within the scope of what is reasonable and to adapt its obligations to the changed circumstances in good faith.
7. Third Party Use
The customer shall not be permitted to pass on the services in their entirety to third parties without Link11’s prior written consent. Exempt from the obligation to give consent is the passing on to affiliated companies within the meaning of §§ 15 ff. AktG (German Stock Corporation Act), the use within the scope of own services to be provided to third parties as well as the co-use of the product by third parties in the customer’s network.