Software License Terms akquinet ristec GmbH 1. Acceptance of the Software License Terms The software is offered in the form of Software as a Service and as a purchase license. It is made available via Internet and can only be used in conjunction with Dynamics Business Central. Use of the software is subject to the scope of these Software License Terms. By using the software the user accepts our Software License Terms. The use of the software is only possible in Germany, Austria and Switzerland. The user accepts that the use of Microsoft products on which the software is based is subject to the application of the Terms of Use and Privacy Policy for Microsoft products. These can be found on the Microsoft website. The software "careviva social invoicing" is a social accounting software that accesses Dynamics Business Central data (client data, contract data, attendance days ...). By using the software, you expressly agree to this access to Dynamics Business Central. Deviating and/or supplementary terms and conditions of the customer are contradicted. The written consent of akquinet ristec GmbH is required for the validity of deviating terms and conditions. akquinet ristec GmbH reserves the right to change the Software License Terms if considered to be necessary. 2. Availability The user acknowledges that akquinet ristec GmbH is not responsible for the availability of the services. This is the responsibility of the user. akquinet ristec GmbH takes all necessary steps to make the services available at all times but cannot be held liable if the services are not available at a certain time. 3. Licensing and usage The software is licensed on basis: - The number of copies you install on site or use on a hosted basis. - The number of named users who access the software The software is purchased as a subscription model (SaaS) or a purchase license, it is licensed not sold. This means that the software is licensed on a per-user basis for a limited period of time. The software can be hosted by a third party. In case of an acquisition, an annual enhancement fee of currently 16% on the license value is due. This fee must be paid in advance. If the license expires or is terminated your right to use the software ends immediately. If you continue to use the software after this time, you may be held liable for the violation of intellectual property rights. The customer is entitled to use the software on the systems reported to akquinet ristec GmbH which are in his exclusive possession in the agreed number of licences during the contract period. The customer shall completely delete the software contained therein and used by akquinet ristec GmbH before the destruction, sale or other transfers of his data processing unit together with the data storage system and media. In the case that software is operated in an external computer centre the customer shall impose corresponding obligations on the operator of the computer centre. You may use the Software only as expressly permitted in this agreement. The customer is entitled to connect the software with other computer programs intended for the purpose by means of interfaces provided for this purpose. Further changes to the software and error corrections are only permitted insofar as they are absolutely necessary for the intended use of the software and - in case of error corrections - akquinet ristec GmbH no longer has the right to correct errors in accordance with warranty regulations of these conditions. A retranslation (decompilation) of the program code into other forms of representation is not permitted. The user may not adapt, copy, distribute, send, display, reproduce, manufacture, sell or publish any information, software, products or services. The customer is not entitled to make the software available to third parties (also for viewing). In particular it is not entitled to sublease or otherwise transfer the use of the software, let alone to sell or imitate it, nor to reproduce it publicly. A transfer of use to subsidiaries or affiliated companies requires the prior written consent of akquinet ristec GmbH. If the customer violates any of the above provisions, all rights of use granted within the framework of these licence conditions shall become immediately invalid and shall automatically revert to akquinet ristec GmbH. akquinet ristec GmbH only provides one service. The manner in which the user uses these services is the responsibility of the user. 4. Performance The software is a complex software. The power/performance of the software depends on your hardware platform, interactions with the software and other factors. The software is neither fault-tolerant nor free of errors, conflicts or interruptions. 5. Payments Payments are due without deduction upon invoicing and are due immediately. All prices are subject to the respective statutory value added tax. 6. Security The user is responsible for the security of the data and access to his systems. 7. Warranty and liability The software-structure as well as its suitability for use are specified in the product description. Insignificant deviations shall not be deemed defects. In case of material defects the customer must send a notification of defect in text form to helpdesk-care@akquinet.de describing the time and occurrence of the defect and the detailed circumstances as well as a description of the defect symptom. The customer must also immediately notify akquinet ristec GmbH of any defects of title in text form. The right to choose between rectification of defects and subsequent delivery is at the discretion of akquinet ristec GmbH. Within the framework of subsequent fulfilment the customer will accept a new version of the software, unless this is unreasonable for him in exceptional cases. akquinet ristec GmbH can also provide subsequent fulfilment at the customer's premises. akquinet ristec GmbH shall fulfil its obligations for subsequent fulfilment by making updates available for download, informing the customer of this and, if necessary, offering support to solve any installation problems. Subsequent fulfilment shall only be deemed to have failed after the second unsuccessful attempt. A reduction and withdrawal are only permissible after this, a withdrawal furthermore only if the defect considerably impairs the use of the object of the contract and the customer has explained this in detail with the warranty claim. In all other respects the customer is entitled to warranty rights in accordance with the following provisions. Warranty claims for work performances as well as warranty claims under purchase law including claims for reimbursement of expenses and claims for damages shall become time-barred subject to a mandatory longer limitation period (§§ 202, 309 No. 7, 438 para. 3, 634a para. 3 BGB) within 12 months from acceptance (for work performances) or delivery (for services under purchase law). Warranty claims of the customer are excluded if defects are due to use contrary to the contract or improper use, operating errors, inadequate ambient conditions, insufficient maintenance, incompatibility with products of third parties or external influences that akquinet ristec GmbH is not responsible for. Claims for reimbursement of expenses in case of rectification of defects by third parties are excluded. In the case of intentional or grossly negligent actions as well as in the absence of a guaranteed characteristic, akquinet ristec GmbH shall be liable for the damage foreseeable at the time the damage was caused which should have been prevented by the duty of care or the guarantee of characteristics. In the event of injury to life, body or health as well as in the event of claims arising from the product Liability Act, akquinet ristec GmbH shall also be liable without limitation from the previous paragraphs. Otherwise, akquinet shall only be liable for culpable breach of essential contractual obligations, i.e. those that are of essential importance for the achievement of the purpose of the contract in the individual case, and the achievement of the purpose of the contract is actually endangered without the fulfilment of the obligation. In these cases, liability is limited to the order volume. Liability for loss of data is limited to the typical restoration costs that would have been incurred if the customer had regularly made backup copies in accordance with the risk. akquinet ristec GmbH is not liable for damages that are based on fact that the customer interrupts or discontinues the use of software. The customer's claims for damages in accordance with paragraphs 6 to 9 are generally subject to a limitation period of one year, calculated from the time the customer becomes aware of the occurrence of the claim; paragraph 4 applies accordingly. 8. Support In case of support please contact helpdesk-care@akquinet.de. Depending on your request, program errors/bugfixes are free of charge, user support is charged at an hourly rate of 130,- €/hour plus VAT. If necessary a separate support contract can be concluded. 9. Security measures; audit In case of software delivery the customer shall secure the software against access by unauthorised third parties. In case of software delivery the customer will authorize akquinet ristec GmbH, upon request, to check the proper use of the software, in particular whether the customer uses the software qualitatively and quantitatively within the framework of the licence acquired by it. For this purpose the customer will provide akquinet ristec GmbH with information, grant access to relevant documents and records and enable an inspection of the hardware and software environment used. akquinet ristec GmbH may carry out the inspection on the customer's premises during the customer's regular business hours, or carry it out by third parties who are obliged to maintain secrecy. akquinet ristec GmbH will ensure that the customer's business operations are disturbed as little as possible by these measures on site. 10. Miscellaneous Changes or additions to this contract require text form. This also includes an amendment or cancellation of this text form clause unless the customer proves that the parties have deliberately agreed to this clause verbally in knowledge of the text form agreement. The place of performance is Buseck. Place of jurisdiction is Buseck. (Place of business of akquinet ristec GmbH) The law of the Federal Republic of Germany shall apply, excluding private international law and the UN Convention on Contracts for the International Sale of Goods. The invalidity of one or more provisions of this contract shall not result in the invalidity of the remaining provisions. The ineffective clause shall be replaced by that which would best serve the economic purpose of the permissible provisions and which the parties would have had to agree to reasonably in accordance with the principles of good faith. Contact us: akquinet ristec GmbH Tannenweg 1 35418 Buseck Phone: 06408 96972-0 e-mail: helpdesk-care@akquinet.de Website: www.akquinet.com Register court: Amtsgericht Gießen, HRB 3010 VAT ID: DE187048144 Represented by the managing director: Jürgen Steuernagel Status: January 27, 2020