Object of these terms and conditions of licensing The following terms and conditions shall apply for the provision and utilisation of the industry solution OXID eShop for Dynamics 365 by ESYON GmbH Germany including if applicable any used combined programmes (e.g. Dispo.Control) and updates. This software is based on Microsoft Dynamics 365 for Operations. They shall not apply for any additional services such as installation, integration and adaptation of the software. With installation or usage of ESYON OXID eShop platform you accept these terms and conditions. License The software will be or was provided to you following the software license contract as a subscription licence Subscription license (The licensing shall be for a limited period. After expiration of this period your usage rights shall end with immediate effect.) Licensing The software will be licensed on the following basis: Number of productive used copies of the software Basis- and additional modules Number of Users: The number of users for the industry solution ESYON OXID eShop depends on the number of users acquired for Microsoft Dynamics 365 for Operations. You are responsible for proper licensing and discrepancies in usage should be reported to ESYON. Utilization Rights: You have the right to produce necessary backup copies of the software and use copies on test systems. You can also adjust the software to your needs, but ESYON is not responsible for any issues that may arise or provide support for these adjustments. The utilization rights are also valid for companies associated with you, but only in the agreed country of destination. The rights are only valid in the Federal Republic of Germany if no separate agreement has been entered into. Forwarding/Transfer to Third Parties: A perpetual license can only be transferred to a third party if the third party completely ceases to use it and has approved the terms and conditions of licensing. A written approval from ESYON is required for forwarding the license to a third party and fees may apply. All your utilization rights will cease to apply after the transfer. Subscription licenses cannot be transferred to a third party. Defects of Material and Defects of Title: ESYON warrants that the software, if used as intended, has the agreed characteristics at the time of transfer of risk. In case of defects, ESYON will provide rectification, either by providing a new version of the software or eliminating the defect. Warranty claims must be made in writing and include a detailed description of the symptoms. If two attempts at rectification fail, you have the right to set an adequate period of grace for elimination of the defect. The warranty period is 12 months from the date of delivery, unless agreed otherwise. Liability: ESYON's liability is limited in the event of contractual and non-contractual liability. In the case of intentional acts or gross negligence, ESYON will render indemnity for the full amount. In other events of a negligent breach of essential contractual obligations, ESYON will only render indemnity within the scope of the limitation. The liability of ESYON is limited to the amount of compensation covered by the product liability insurance.