Important! Please read the license conditions carefully, before installing this software (hereinafter called "CRM solution"). This End User License Agreement (referred to as "EULA" = End User License Agreement) is a legal agreement between you (hereinafter called the "customer", either an individual or a legal entity) and the New Elements GmbH. By installing and using this software, you agree to the terms of this Agreement. Should you not agree to one or more of the terms of this Agreement, then cancel the installation here.
That this license agreement accompanying CRM solution may be used only if the customer has a valid license for this CRM solution. The customer may only use the CRM solution, with which this license agreement has been provided, if he has a valid license for the use of the CRM solution. The CRM solution is owned by New Elements GmbH and is protected by copyright laws. By purchasing the the license, the customer purchases the right to use this CRM solution. The customer does not acquire any right to this CRM solution itself or on the New Elements GmbH. It is not permitted to remove markings or modify any copyrights of the CRM solution. It is not permitted to to reverse engineer the CRM solution, decompile or disassemble it. Furthermore, the customer is not entitled to award the CRM solution, rent, sublicense, resell or transfer to an equivalent value. By the purchase of the CRM solution, the customer is entitled to install one copy of the product for one CRM organization to use and to make the CRM solution for a licensed number of CRM users of this organization accesible. For the technical requirements for an error-free installation of the individual components of the CRM solution, please refer to the appropriate documentation.
The free demo and trial versions are provided without guarantee and warranty. Installation and use are made exclusively at your own risk and responsibility. For temporary versions, the software must be removed after the expiration date is reached. You are not entitled to subscribe for feature updates to the product, unless your license for the use of the trial version is extended.
By concluding a Software Maintenance Agreement, New Elements GmbH provides all software updates od the CRM solution, during the validity period of the Software Maintenance Agreement, to the customer for free. At the end of the validity of the software maintenance contract, the software maintenance contract can be renewed. If the software maintenance contract on the CRM solution is not be renewed, it ends and can not be extended. To continue the use software upgrades, it is necessary to conclude a new Software Maintenance Agreement for the CRM solution. The subject of the Software Maintenance Agreement is only the provision of product upgrades, but not installation, configuration or creation of content in the CRM solution.
A product that is marked as an upgrade or update for this CRM solution can only be acquired and used, if the customer already has a valid license for the CRM solution.
The customer himself has to ensure that all data sets of its software solutions are backed up and archived periodically. A liability for data loss of any kind whatsoever is excluded from the New Elements GmbH.
The New Elements GmbH provides the CRM solution to its customers. The New Elements GmbH can not assure that the CRM solution is error free or will function uninterrupted. The New Elements GmbH excludes any warranties or representations, either expressed or tacit or otherwise. For all damages whatsoever incurred by the customer for any reason, the entire liability of The New Elements GmbH, under any provision of this contract and the customer exclusive remedy, is limited to the charges the customer paid to purchase the CRM solution. The limited warranty and liability, warranty rights and limited liability are fundamental conditions of the contract between the New Elements GmbH and the customer. Without these restrictions, it would be impossible to offer the CRM solution in a business manner.
If any provision of this contract prove to be wholly or partly ineffective or unenforceable due to changes in legislation after the contract invalid or unenforceable, the remaining provisions and the validity of the contract as a whole shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision, which comes closest to the spirit and purpose of the void provision.Version 1.0 from 01/12/2017