License and contract conditions for the use of CAALA software
The provider develops and distributes the CAALA software. This software estimates the energy demand in the operation of building designs in real time, creates a complete life cycle analysis/ecobalance including production, replacement, disposal and recycling of building materials and visualizes it clearly. A wide range of options can be compared and thus the optimal solution for the building owner can be determined. The CAALA software is provided by a cloud solution via the CAALA access.
Using the CAALA software requires that you agree to the following license and contract terms (conditions):
§ 1 General subject matter of the contract
- The provider provides the customer with the possibility to use the CAALA software via a cloud solution. The CAALA software enables the customer to estimate (+-15%) and visualize the energy demand of a residential building as well as the life cycle analysis of building designs including life cycle assessment. The CAALA software runs entirely on servers that are within the provider’s sphere of influence. The customer’s access to the functionalities of the CAALA software is exclusively via the Internet using the CAALA plug-in for compatible CAD programs.
- The provider does not owe a backup of the data entered by the customer into the CAALA software.
- The provider does not owe an adaptation of the CAALA software to the concrete needs.
§ 2 Services, prices
- The type and scope of the functionalities of the CAALA software result from the service obligations of the provider (Service description of the CAALA software and remuneration).
- The Provider is entitled, but not obliged, to continuously improve and further develop the CAALA software at his own discretion. This applies in particular to such further developments that are necessary to adapt the CAALA software to technical or scientific progress or changes in laws or jurisdiction.
- The customer is entitled to use the software for a test period of four weeks without paying any compensation. At the end of the test period, the provider shall receive remuneration for the provision of the CAALA software in accordance with § 2.1.
- The Provider is entitled to increase the remuneration for the contractual services at his own discretion (§ 315 BGB) to compensate for cost increases. The Provider shall notify the Customer of the increase in remuneration in writing or by e-mail and give reasons for it. The increase of the remuneration does not apply to the periods for which the customer has already made payments. If the increase in remuneration amounts to more than 10% of the previous remuneration, the customer is entitled to terminate the contract as a whole with one month’s notice to the end of a calendar month. If the customer makes use of this right of termination, the unincreased remuneration shall be charged until the termination takes effect. An increase of the remuneration within three months after the conclusion of the contract is excluded.
§ 3 Right of use
- The customer shall receive the non-exclusive right, limited in time to the term of this agreement and non-sublicensable, to access the CAALA software via the Internet from a single workstation and to use the CAALA software as a cloud service according to this agreement by means of the CAALA plug-in and a compatible CAD program. The customer does not receive any further rights, in particular to the CAALA software itself, the infrastructure provided or the operating software.
As far as the customer is granted rights of use with regard to the CAALA-SaaS_EarlyBird module according to the above regulation, this ends no later than 31.12.2017.
- The right of use granted to the customer also exists to the extent regulated in § 3.1 for the CAALA software further developed in accordance with § 2.2.
- The customer is not entitled to use the CAALA software beyond the use permitted under this contract or to have it used by third parties or to make it available to third parties. In particular, the customer is not permitted to reproduce, sell or transfer the CAALA software or parts thereof for a limited period of time, and in particular not to rent or lend it.
- The provider is entitled to take appropriate technical measures to protect against non-contractual use. The contractual use of the CAALA software may not be more than insignificantly impaired as a result.
- For each case in which the customer culpably enables the use of the CAALA software by third parties, the customer shall pay a contractual penalty which is immediately due and payable and which is to be determined at equitable discretion and which can be reviewed by the competent local or regional court. The provider reserves the right to claim damages. In this case, the contractual penalty shall be credited against the claim for damages.
- In the case of an unauthorized transfer of use, the customer must immediately provide the provider on request with all information available to him to assert the claims due to the use in breach of contract, in particular the name and address of the unauthorized user.
§ 4 Data protection and data security
- Both parties shall observe the respectively applicable data protection regulations, in particular those valid in Germany, and oblige their employees employed in connection with the contract to maintain data secrecy in accordance with § 5 BDSG, unless they are already generally obliged to do so.
- The parties agree that no personal data will be processed in the course of using the CAALA software.
- Insofar as personal data is nevertheless to be processed, the provider agrees to conclude an agreement on commissioned data processing with the customer.
§ 5 Duties and obligations of the customer