End user licence agreement

This English version is the legally binding one. A German translation is available through the language switch and is provided for convenience only; in the event of any discrepancy, the English wording prevails.

IMPORTANT: PLEASE READ THIS LICENCE CAREFULLY BEFORE USING THE SOFTWARE.

1. Licence

This end user licence agreement (EULA) governs the use of the software products of mse Software GmbH for Microsoft Dynamics 365 Business Central — including AutoFlow — referred to below as “the Software”. By receiving, installing and/or using the Software you agree that this agreement is a legally binding and valid contract, and you agree to be bound by it. You agree to comply with intellectual property protection laws and with all the terms of this agreement.

Unless you have concluded another licence agreement with mse Software GmbH, your use of the Software means that you accept this licence agreement.

Subject to the provisions of this agreement, mse Software GmbH grants you a limited, non-exclusive, non-transferable licence, without the right to sublicense, to use the Software in accordance with this agreement and any other written agreement with mse Software GmbH. mse Software GmbH does not transfer ownership of the Software to you; the licence granted to you is not a sale.

The commercial terms — term, fees, renewal, maintenance and support — do not follow from this agreement but from the individual contract and the general terms and conditions of mse Software GmbH.

Where the Software is obtained through Microsoft AppSource, Microsoft's terms additionally apply to that acquisition. The relationship between you and mse Software GmbH is governed by this agreement.

If you do not agree to this agreement, stop using the Software, uninstall it from every Business Central environment in which it is installed, and delete all copies in your possession.

2. Distribution

The Software and the licence granted herein may not be copied, passed on, distributed, resold, offered for resale, transferred or sublicensed, in whole or in part, without the prior written consent of mse Software GmbH. Copies required for proper operation, for backup and for recovery in the event of a fault are permitted. For information on redistributing the Software — for instance under a partnership — please contact mse Software GmbH.

3. User agreement

3.1 Use

The Software is licensed for use with Microsoft Dynamics 365 Business Central — irrespective of whether your environment is operated by Microsoft (Business Central online) or by you or a service provider engaged by you (Business Central on-premises).

The scope of your licence follows from the individual contract and is measured by the number of Business Central environments (tenants) and the number of users for which licences were acquired. Whether and to what extent test and development environments (sandboxes) require separate licensing is governed by the individual contract or the relevant product description.

You may use the Software within the scope so determined. You may not permit third parties to use it, except for service providers operating the environment on your behalf and for your purposes.

3.2 Restrictions on use

You may use the Software only in accordance with all applicable laws and not for unlawful purposes.

Assigning, sublicensing, renting, leasing, lending, selling or distributing the Software is prohibited without the prior written consent of mse Software GmbH. If any person other than the users entitled under clause 3.1 uses the Software licensed in your name, this agreement is being violated and you are answerable for that violation.

3.3 Copyright restrictions

The Software contains copyrighted material, trade secrets and other proprietary material. You may not, and may not attempt to, modify, reverse engineer, disassemble or decompile the Software. Nor may you create derivative works or other works based on or derived from the Software in whole or in part.

The name, logo and graphics files of mse Software GmbH representing the Software may not be used in any way to advertise products developed with the Software. mse Software GmbH reserves sole and exclusive ownership of all right, title and interest in and to the Software and all intellectual property rights related to it.

Copyright law and the provisions of international copyright treaties protect all parts of the Software and the associated products and services. No program, code, part, image, audio sample or text may be copied or used in any way by the user except as provided for within the licence granted. All rights not expressly granted are reserved to mse Software GmbH.

3.4 Liability

mse Software GmbH is liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, for fraudulently concealed defects, to the extent of any guarantee given, and under the German Product Liability Act.

In cases of slight negligence, mse Software GmbH is liable only for breach of essential contractual duties — duties whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In such cases liability is limited to the foreseeable damage typical of this type of contract. Any liability beyond this is excluded.

For loss of data, mse Software GmbH is liable only up to the expense that would have been incurred to restore the data had backups been made properly and regularly. The above limitations of liability also apply for the benefit of the employees, agents and vicarious agents of mse Software GmbH.

You will indemnify mse Software GmbH against third-party claims arising from your use of the Software in breach of this agreement or in breach of the law.

3.5 Warranty

For Software supplied for a fee, the statutory rights in respect of defects apply. The applicable product description determines the agreed characteristics of the Software; characteristics beyond that are owed only where expressly agreed in writing.

mse Software GmbH gives no warranty that the Software is fit for a purpose determined by you, or that it will interoperate without fault with third-party software in a system environment of your choosing, unless expressly agreed.

3.6 Free of charge use

Where the Software or parts of it are supplied free of charge — as a trial version, for use in a sandbox, or as a permanently free usage allowance — this clause applies in addition. Whether such an offering exists, and its scope, follows from the relevant product description; there is no entitlement to it.

Software supplied free of charge is provided without warranty and without any assurance of a particular level of availability. mse Software GmbH may change the scope and conditions of a free offering, or discontinue it, on reasonable notice; licences already acquired for a fee are unaffected.

For Software supplied free of charge, mse Software GmbH is liable only for intent and gross negligence; the unlimited liability under clause 3.4, first paragraph, is unaffected.

3.7 Governing law and jurisdiction

This agreement is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Where the contracting party is a merchant, a legal entity under public law or a special fund under public law, Düsseldorf is the place of jurisdiction for all disputes arising from this agreement; mse Software GmbH is also entitled to bring proceedings at the contracting party's general place of jurisdiction.

Should any provision of this agreement be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions is unaffected.

3.8 Termination

Any failure to comply with the terms of this agreement results in the automatic and immediate termination of this licence. Upon termination of the licence granted herein, for whatever reason, you agree to cease using the Software immediately, to uninstall it from every Business Central environment, and to delete all copies supplied under this agreement. The financial obligations you have entered into survive the expiry or termination of this licence.

4. Data protection

Personal data arising in connection with the supply of the Software, the performance of the contract and product support services is processed by mse Software GmbH in accordance with applicable data protection law. The legal basis is normally Art. 6(1)(b) GDPR (performance of a contract) or Art. 6(1)(f) GDPR (legitimate interest in providing and improving support). No separate consent is required for this, nor is any obtained by this agreement.

The privacy policy of mse Software GmbH describes what data is processed and what rights you have. Processing on this website is covered by the privacy policy of this website.

Where the Software processes personal data on your behalf, the parties will conclude a data processing agreement pursuant to Art. 28 GDPR.