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END USER LICENSE AGREEMENT (EULA) FOR CLOUD APPLICATIONS

Singhammer IT Consulting AG

1. Subject of the Agreement

These license terms ("Agreement") are an agreement between Singhammer IT Consulting AG ("SIT") and its end customers. This Agreement applies to the software application (the "App" or "Software") provided as a cloud service via Microsoft AppSource or other channels for use in connection with Microsoft Dynamics 365 Business Central.

2. Relation to Microsoft and Third-Party Services

The Software is an extension for Microsoft Dynamics 365 Business Central. Use of the Software requires an active and valid subscription of Microsoft Dynamics 365 Business Central. The use of the underlying cloud infrastructure is governed by the Microsoft Online Services Terms (OST).

3. Grant of License (SaaS)

SIT grants you a non-exclusive, non-transferable, and time-limited right to use the Software for your internal business purposes for the duration of your subscription. The Software is provided as Software-as-a-Service (SaaS). You have no right to the source code or to install the Software on your own servers.

4. Prohibition of Copies and Backup Responsibility

4.1 No User Copies

You are not permitted to create copies of the Software, reproduce it, or download parts of it for local installation.

4.2 Standard Backups (Microsoft)

For components running natively within the Microsoft Cloud environment, data backup is performed via the standard processes of Microsoft Dynamics 365 Business Central.

4.3 Specific Backups (SIT)

For software elements that run outside of Business Central, SIT is responsible for the performance of backups related to the data and configurations managed within those specific elements.

5. Subscription Validation

The Software periodically performs online checks to verify your license status. Technical information (e.g., Tenant ID, product version, number of licensed users) is transmitted to SIT or systems commissioned by SIT to ensure compliance with the subscription model.

6. Restrictions

You are not permitted to:

  • Decompile, disassemble, or reverse engineer the Software, except to the extent expressly permitted by applicable law.
  • Use the Software for commercial hosting or as a service bureau.
  • Circumvent technical protection measures or license validation mechanisms.

7. Warranty and Liability

  • Warranty: SIT warrants that the Software will substantially perform the tasks described in the functional description. The warranty period is limited to the term of the subscription.
  • Limitation of Liability: SIT’s liability is limited to direct damages, up to the amount of the fees paid for the current subscription period (maximum 12 months). Liability for indirect damages, consequential damages, or lost profits is excluded to the extent permitted by law.

8. Term and Termination

This Agreement remains effective as long as your subscription is active. Upon termination, your right to use the Software (including the Atlassian-dependent elements) expires immediately. SIT is entitled to technically block access to the Software after the end of the term.

9. Amendments

SIT reserves the right to modify this EULA with reasonable notice (usually 30 days), particularly if required by technical changes, adjustments to the Microsoft platform, or changes in third-party requirements (e.g., Atlassian).

10. Governing Law and Jurisdiction

This Agreement is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

  • Place of Jurisdiction: The exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Munich, Germany.