Software Use Agreement
Across Translator Edition
Revision May 28, 2021
1 Use Agreement
1.1 Across Systems GmbH, Im Stöckmädle 13, D-76307 Karlsbad, Germany ("Across") provides the Across Translator Edition ("ATE") for use by the Customer.
1.2 If this Agreement is available in several languages, only the German version of this Agreement 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 Customer shall back up the data that he enters in advance and permanently.
3 Rights of the Customer to the Software
The Customer may only use the software for processing data in his own business for his own purposes. The right of use is limited to employees of the Customer and third parties directly commissioned by the Customer, but only on a project-specific basis for projects commissioned directly by the Customer. All other utilization actions, including but not limited to letting, lending, and distribution in tangible or intangible form, use of the software by and for third parties (e.g. through outsourcing, data center activities, application service providing), are not permitted without the prior written approval of Across. In particular, language service providers of the Customer are not permitted to perform tasks that go beyond the translation or review directly on the system.
Across continues to develop the software, fix errors, and make the new versions available to the Customer. Changes to the functionality are also permitted. Thus, the Customer cannot demand a specific scope of use.
5 Remuneration in the Case of Agreements Subject to Remuneration
5.1 If the respective agreement provides for a remuneration, the remuneration shall be due on a yearly basis in advance. The date on which the amount is credited to the account of Across determines whether the payment has been received in due time.
5.2 In the event of default of payment, Across may block the Customer's access to the system.
6 Termination of the Agreement
6.1 Agreements that involve a remuneration obligation can be terminated by either Party, subject to - four weeks' notice, effective at the end of an Agreement year.
6.2 For the termination of agreements not subject to remuneration, 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 paid 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) Liability (i) for intent, deceit, and claims covered by the warranty; (ii) for damage from injury to life, body, or heath, which result from a breach of obligations by Across or its legal representatives or agents; or (iii) under the German Product Liability Act (ProdHaftG) 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 Customer 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. In this context, the liability is capped at €10,000 per incident and €100,000 for all incidents in a year from and in connection with the agreement. Apart from this, the liability for slight negligence is excluded, unless liability applies on the basis of subsection a) above.
d) Across reserves the defense of contributory negligence. In particular, the Customer is under the obligation to ward off malware and back up his data according to the state of the art.
7.2 Under paid agreements, liability for indirect damage is excluded except in the cases specified in section 7.1 a).
7.3 In the case of agreements under which the licensing takes place without remuneration, sections 7.1 and 7.2 shall apply analogously. However, liability for slight negligence is fully 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.