Software Use Agreement
Across Translator Edition
Revision October 13, 2020
1 Use Agreement
1.1 Across Systems GmbH, Im Stoeckmaedle 13, D-76307 Karlsbad, Germany ("Across") provides the Across Translator Edition ("ATE") for use by the user. When concluding the Agreement, the user can choose one of the following:
a) Across Translator Basic Edition: Basic Agreement with standard functionality; free of charge; subject to lending agreement law (Sections 598 ff of the German Civil Code (BGB));
b) Across Translator Premium Edition: Premium Agreement with comprehensive functionality; payable; subject to rental agreement law (Sections 535 ff of the German Civil Code (BGB)).
1.2 The user may change his choice of version by way of unilateral declaration. The rules concerning the termination of the Agreement (section 6) shall apply analogously to the declaration.
1.3 If this contract is available in several languages, only the German version of this contract shall be legally binding.
2 ATE Software
2.1 The ATE software is subject to the applicable revision of the product description, which can be accessed via the Across website.
2.2 Across does not make any arrangements for secure data storage. The user shall back up the data that he enters in advance and permanently.
3 Rights of the User to the Software
The user may only use the software for processing data in his own business for his own purposes. The user is not permitted to enable third parties to use the software.
Across continues to develop the software, fix errors, and make the new versions available to the user. Changes to the functionality are also permitted.
5 Remuneration for Premium Agreements
5.1 The remuneration is due on a yearly basis in advance. The date on which the amount is credited to the account of Across is authoritative for the determination of whether the payment has been received in due time.
5.2 In the event of default of payment, Across may block the user's access to the system.
6 Termination of the Agreement
6.1 The Premium Agreement can be terminated by either party with
- four weeks' notice
effective at the end of an Agreement year.
6.2 For the termination of the Basic Agreement, the regulations of section 6.1 shall apply, though without any minimum agreement term and with 10 days' notice.
6.3 To be valid, notice of termination must be given in writing. E-mail or fax is sufficient.
7.1 For Premium Agreements, Across will only pay damages or reimburse expenses made in vain in the following scope, no matter what the legal reason may be:
a) The liability for intent, deceit and guarantee is unlimited.
b) In the event of gross negligence, Across shall be liable in the amount of the typical damage foreseeable at the conclusion of the Agreement.
c) In the event of breach of a cardinal obligation (i.e. an obligation whose fulfillment is essential to the due performance of the Agreement and on whose fulfillment the user regularly relies and may rely) by way of slight negligence, Across shall be liable in the amount of the typical damage that is foreseeable at the conclusion of the Agreement, up to a maximum of €10,000 per incident and €100,000 for all incidents in a year from and in connection with the Agreement.
d) Across reserves the defense of contributory negligence. In particular, the user is under the obligation to ward off malware and back up his data according to the state of the art.
e) In the event of injury to life, body, and health and in the case of claims under the German Product Liability Act (ProdHaftG), the statutory regulations shall apply without any restrictions.
7.2 Section 7.1 shall apply analogously to Basic Agreements. However, liability for slight negligence is excluded (Section 599 of the German Civil Code (BGB)).
8 General Terms and Conditions
Apart from this, the General Terms and Conditions of Across, which can be accessed at its website, shall apply. In case of doubt, the provisions of this Software Use Agreement shall have precedence over the regulations of the General Terms and Conditions of Across.