Terms and conditions, terms of use and guidelines

Status: June 2020

1 Scope and validity of the contract

1.1 All orders and agreements shall only be legally binding if they are signed by rmDATA in writing and in accordance with the company name and shall only be binding to the extent specified in the order confirmation. The client's terms and conditions of purchase are hereby excluded for the legal transaction in question and the entire business relationship. Offers are always subject to change.

2 Performance and testing

2.1 The subject of an order may be

• Development of organizational concepts
• Global and detailed analyses
• Creation of individual programs
• Delivery of library (standard) programs
• Acquisition of user authorizations for software products
• Acquisition of work usage licenses
• Assistance with commissioning (changeover support)
• Telephone consulting
• Program maintenance
• Creation of program carriers
• Other services

2.2 The development of individual organizational concepts and programs shall be carried out in accordance with the type and scope of the binding information, documents and aids provided in full by the client. This shall also include practical test data as well as test facilities to a sufficient extent, which the client shall make available in good time, during normal working hours and at its own expense. If the client is already working in live operation on the system provided for testing, the responsibility for securing the live data lies with the client.

2.3 The basis for the creation of individual programs is the written service description, which rmDATA prepares or the client makes available against cost calculation on the basis of the documents and information made available to it. This service description must be checked by the client for correctness and completeness and provided with its approval note. Subsequent requests for changes may lead to separate deadline and price agreements.

2.4 Individually created software or program adaptations require program acceptance by the client for the respective program package concerned no later than four weeks after delivery. This shall be confirmed by the client in a protocol. (Check for correctness and completeness on the basis of the service description accepted by rmDATA using the test data provided under point 2.2). If the client allows the period of four weeks to elapse without program acceptance, the delivered software shall be deemed to have been accepted on the end date of the aforementioned period. If the software is used in live operation by the client, the software shall in any case be deemed to have been accepted.

Any defects that occur, i.e. deviations from the service description agreed in writing, must be reported by the Principal in sufficient detail to rmDATA, which shall endeavor to rectify any defects as quickly as possible. If there are significant defects reported in writing, i.e. if live operation cannot be started or continued, a new acceptance is required after the defects have been rectified.

The client is not entitled to refuse acceptance of software due to minor defects.

2.5 When ordering library (standard) programs, the client confirms knowledge of the scope of performance of the ordered programs with the order.

2.6 Should it become apparent in the course of the work that the execution of the order in accordance with the service description is actually or legally impossible, rmDATA is obliged to notify the client of this immediately. If the client does not amend the service description to this effect or create the conditions that make execution possible, rmDATA may refuse execution. If the impossibility of performance is the result of a failure on the part of the client or a subsequent change to the service description by the client, rmDATA shall be entitled to withdraw from the order. The costs and expenses incurred up to that point for the contractor's activities as well as any dismantling costs shall be reimbursed by the client.

2.7 Program carriers, documentation and service descriptions shall be sent at the expense and risk of the client. Any additional training and explanations requested by the client shall be invoiced separately. Insurance shall only be taken out at the request of the client.

2.8. rmDATA points out that a barrier-free design within the meaning of the Federal Act on the Equality of Persons with Disabilities (Federal Disability Equality Act) is not included in the offer, unless this has been requested separately / individually by the client. If the barrier-free design has not been agreed, the client is responsible for checking the admissibility of the service with regard to the Federal Disability Discrimination Act. The client must also check the content provided by it for its legal admissibility, in particular under competition, trademark, copyright and administrative law. rmDATA shall not be liable for the legal admissibility of content in the event of slight negligence or after fulfillment of any duty to warn the client if this was specified by the client.

3 Prices, taxes and fees

3.1 All prices are quoted in euros excluding VAT. They apply only to the present order. The prices quoted are ex rmDATA's place of business. The costs of program carriers (e.g. CDs, magnetic tapes, magnetic disks, floppy disks, streamer tapes, magnetic tape cassettes, etc.) and any contract fees shall be invoiced separately.

3.2 For library (standard) programs, the list prices valid on the day of delivery shall apply. For all other services (organizational consulting, programming, training, conversion support, telephone consulting, etc.), the workload shall be charged at the rates valid on the day the service is provided. Deviations from a time expenditure on which the contractual price is based, for which rmDATA is not responsible, shall be invoiced according to actual occurrence.

3.3 The costs for travel, daily and overnight allowances shall be invoiced to the client separately at the applicable rates. Travel time shall be considered working time.

3.4. rmDATA is entitled to demand advance payments of an appropriate amount for the creation of individual programs and other (individual) services. In the case of standard programs, the advance payment shall be 50% of the order amount if this exceeds EUR 20,000 (net).

4 Delivery date

4.1. rmDATA shall endeavor to meet the agreed dates of performance (completion) as closely as possible.

4.2 The targeted completion dates can only be met if the customer provides all necessary work and documents in full by the dates specified by rmDATA, in particular the service description accepted by it in accordance with point 2.3, and fulfills its obligation to cooperate to the extent necessary.

Delays in delivery and cost increases caused by incorrect, incomplete or subsequently changed details and information or documents provided are not the responsibility of rmDATA and cannot lead to default on the part of rmDATA. Any resulting additional costs shall be borne by the client.

4.3 In the case of orders comprising several units or programs, rmDATA shall be entitled to make partial deliveries or issue partial invoices.

5 Payment

5.1 Unless otherwise agreed, the invoices issued by rmDATA, including VAT, shall be payable within 20 days of receipt of the invoice without any deductions and free of charges. For partial invoices, the terms of payment specified for the entire order shall apply analogously.

5.2 In the case of orders comprising several units (e.g. programs and/or training courses, implementation in partial steps), rmDATA shall be entitled to issue an invoice after delivery of each individual unit or service.

5.3 Compliance with the agreed payment dates is an essential condition for the performance of the delivery or fulfillment of the contract by rmDATA. Failure to comply with the agreed payments shall entitle rmDATA to suspend ongoing work and withdraw from the contract. All associated costs and loss of profit shall be borne by the client.

In the event of late payment, interest on arrears shall be charged at the usual bank rate. If two installments of partial payments are not paid on time, rmDATA shall be entitled to enforce the loss of deadlines and to call in any acceptances handed over.

5.4 The client is not entitled to withhold payments due to incomplete overall delivery, guarantee or warranty claims or complaints.

6 Copyright and use

6.1. After payment of the agreed remuneration, rmDATA grants the Principal a non-exclusive, non-transferable, non-sublicensable and perpetual right to use the software for the hardware specified in the contract and to the extent of the number of licenses purchased for simultaneous use on several workstations, to use all work results created on the basis of the Contractor's contract for its own internal use. All other rights shall remain with rmDATA.

The cooperation of the client in the production of the software shall not result in the acquisition of any rights beyond the use specified in this contract. Any infringement of rmDATA's copyrights shall result in claims for damages, whereby full satisfaction shall be provided in such a case.

6.2 The client is permitted to make copies for archiving and data backup purposes on condition that the software does not contain any express prohibition by the licensor or third parties and that all copyright and ownership notices are transferred unchanged in these copies.

6.3 If the disclosure of the interfaces is necessary for the creation of interoperability of the software in question, this must be ordered from rmDATA by the client against payment of costs. If rmDATA does not comply with this request and decompilation is carried out in accordance with the Copyright Act, the results shall be used exclusively to establish interoperability. Misuse shall result in compensation for damages.

6.4 If the client is provided with software whose license holder is a third party (e.g. standard software from Microsoft), the granting of the right of use shall be governed by the license terms of the license holder (manufacturer).

6.5 If the software is equipped with a software protection module (dongle), the customer shall always keep this carefully, not use any circumvention program and report any loss of the dongle to rmDATA immediately. Malfunctions of the dongle shall be remedied free of charge by replacement within the scope of liability for defects, destruction shall also be remedied by replacement, but against reimbursement of costs in accordance with the price list, loss of the dongle only against purchase of a new copy of the software. If additional dongles are required due to the redistribution of licenses requested by the client (e.g. to different servers), these shall be invoiced to the client as an additional service in accordance with the valid price list. If a dongle is provided, the client shall only use the software in conjunction with this dongle.

7 Software-as-a-Service (SaaS)

7.1 The subject matter of the contract is the use of the software offered by means of remote access via the Internet ("Software-as-a-Service") and the storage of data by the customer on servers operated on behalf of rmDATA ("Hosting"). The customer's connection to the Internet is not the subject of the SaaS contract, but is the responsibility of the customer within the scope of the conditions of use. Individual extensions and adjustments to the functionality of the software must be agreed separately and are not part of the SaaS scope of services.

7.2 The SaaS system is accessible 24 hours a day, 7 days a week. This does not include restricted or impossible access due to malfunctioning software or hardware or during maintenance work. Planned maintenance work will be published in advance on the login portal or in the application.

7.3 Operational maintenance of the SaaS services is generally carried out from Monday to Thursday from 8 a.m. to 5 p.m. and Friday from 8 a.m. to 3.30 p.m. on working days. Public holidays are excluded. rmDATA shall eliminate errors and restore operation within a reasonable period of time as part of this maintenance. Errors in the above sense are documented and reproducible faults that result in the operation of the software not being possible or only possible to a limited extent, or corruption of data or loss of data that is processed with or generated by the software. The customer shall take reasonable measures to facilitate the identification of errors and their causes. In particular, the customer shall provide the necessary information.

7.4. rmDATA shall provide the customer with storage space on a server for the storage of its data. If the storage space is no longer sufficient to store the data, rmDATA shall inform the customer of this in good time and, if further storage space is ordered, shall make this available as soon as possible. If the storage space is exhausted, no further data will be stored.

7.5 The customer remains the sole owner of its own data and can therefore demand the return of individual or all data from rmDATA at any time, in particular after termination of the contract, without rmDATA having a right of retention. The data shall be returned at the customer's discretion either by handing over data carriers or by sending them via a data network. The customer is not entitled to receive the software suitable for use of the data.

8. right of withdrawal

8.1 In the event that an agreed delivery time is exceeded due to the sole fault or unlawful action of rmDATA, the client shall be entitled to withdraw from the relevant order by registered letter if the agreed service is not provided in essential parts even within the reasonable grace period and the client is not at fault.

8.2 Force majeure, labor disputes, natural disasters and transport blockages as well as other circumstances beyond rmDATA's control shall release rmDATA from its delivery obligation or allow it to reschedule the agreed delivery time.

8.3 Cancellations by the customer are only possible with the written consent of rmDATA. If rmDATA agrees to a cancellation, it shall be entitled to charge a cancellation fee of 30% of the unbilled order value of the overall project in addition to the services rendered and costs incurred.

9 Warranty, maintenance, changes

9.1. rmDATA warrants that the software fulfills the functions described in the associated documentation, provided that the software is used on the operating system described in the contract. For SaaS services, rmDATA warrants the functional and operational readiness of the software.

9.2.1 The prerequisite for the elimination of errors is that

• the Client sufficiently describes the error in an error message and this can be determined by rmDATA;
• the client provides rmDATA with all documents necessary for the rectification of the error;
• the client or a third party attributable to the client has not tampered with the software;
• the software is operated under the intended operating conditions in accordance with the documentation.

In the case of warranty, improvement shall in any case take precedence over price reduction or rescission. In the event of justified notification of defects, the defects shall be rectified within a reasonable period of time, whereby the client shall enable rmDATA to take all measures necessary for the investigation and rectification of defects.

The presumption of defectiveness pursuant to § 924 ABGB shall be excluded.

9.2.3 Corrections and additions which prove to be necessary up to the handover of the agreed service due to organizational and programming defects for which rmDATA is responsible shall be carried out by rmDATA free of charge.

9.3 Costs for assistance, misdiagnosis and error and fault rectification for which the client is responsible as well as other corrections, changes and additions shall be carried out by rmDATA for a fee. This also applies to the rectification of defects if program changes, additions or other interventions have been made by the client itself or by a third party.

9.4 Furthermore, rmDATA accepts no liability for errors, malfunctions or damage caused by improper operation, modified operating system components, interfaces and parameters, use of unsuitable organizational resources and data carriers, insofar as such are prescribed, abnormal operating conditions (in particular deviations from the installation and storage conditions) and transport damage.

9.5 For programs that are subsequently modified by the client's own programmers or third parties, any warranty by rmDATA shall lapse.

9.6 Insofar as the subject of the order is the modification or supplementation of existing programs, the warranty refers to the modification or supplementation. This does not revive the warranty for the original program.

9.7 Warranty claims shall expire six (6) months after delivery.

10 Liability

10.1. rmDATA shall only be liable to the client for damage for which it is demonstrably responsible in the event of gross negligence. This also applies mutatis mutandis to damage attributable to third parties engaged by rmDATA. In the event of personal injury for which rmDATA is responsible, rmDATA shall be liable without limitation.

10.2 Liability for indirect damages - such as loss of profit or costs associated with business interruption, loss of data or third-party claims - is expressly excluded.

10.3 Claims for damages shall expire in accordance with the statutory provisions, but no later than one year after knowledge of the damage and the damaging party.

10.4 If rmDATA performs the work with the assistance of third parties and warranty and/or liability claims arise against these third parties in this context, rmDATA shall assign these claims to the client. In this case, the client shall give priority to these third parties.

10.5 If data backup is expressly agreed as a service, liability for the loss of data shall not be excluded in deviation from point 9.2, but shall be limited to a maximum of EUR 10 % of the order amount per case of damage, up to a maximum of EUR 15,000. Warranty claims and claims for damages on the part of the client that go beyond those specified in this contract - regardless of the legal grounds - are excluded.

11 Loyalty

The contracting parties undertake to be loyal to each other. They shall refrain from any enticement and employment, including via third parties, of employees of the other contracting party who have worked on the realization of the orders for the duration of the contract and for 12 months after termination of the contract. The contracting party in breach shall be obliged to pay liquidated damages in the amount of one year's salary of the employee.

12. confidentiality

rmDATA shall oblige its employees to comply with the provisions of § 6 of the Data Protection Act.

13 Miscellaneous

13.1 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the remaining content of these terms and conditions. The contracting parties shall work together in partnership to find a provision that comes as close as possible to the invalid provisions.

13.2 Agreements and amendments to the contract that deviate from these General Terms and Conditions must be made in writing; this applies in particular to the amendment of this formal requirement. Deviating verbal agreements shall become part of the contract if they are reproduced in the contract.

13.3 Unilateral amendments to these General Terms and Conditions by rmDATA shall also become part of the contract if they have been notified to the client / customer by rmDATA in writing, the client / customer has not expressly objected in writing within six weeks of receipt of the notification of amendment and this consequence has been pointed out in the notification of amendment.

14 Final provisions

14.1 Unless otherwise agreed, the statutory provisions applicable between entrepreneurs shall apply exclusively in accordance with Austrian law, even if the order is carried out abroad. Any disputes shall be subject exclusively to the local jurisdiction of the competent court for the registered office of rmDATA.

Status: June 2020

1 Scope and validity of the contract

1.1 All orders and agreements shall only be legally binding if they are signed by rmDATA in writing and in accordance with the company name and shall only be binding to the extent specified in the order confirmation. The client's terms and conditions of purchase are hereby excluded for the legal transaction in question and the entire business relationship. Offers are always subject to change.

2 Performance and testing

2.1 The subject of an order may be

• Development of organizational concepts
• Global and detailed analyses
• Creation of individual programs
• Delivery of library (standard) programs
• Acquisition of user authorizations for software products
• Acquisition of work usage licenses
• Assistance with commissioning (changeover support)
• Telephone consulting
• Program maintenance
• Creation of program carriers
• Other services

2.2 The development of individual organizational concepts and programs shall be carried out in accordance with the type and scope of the binding information, documents and aids provided in full by the client. This shall also include practical test data as well as test facilities to a sufficient extent, which the client shall make available in good time, during normal working hours and at its own expense. If the client is already working in live operation on the system provided for testing, the responsibility for securing the live data lies with the client.

2.3 The basis for the creation of individual programs is the written service description, which rmDATA prepares or the client makes available against cost calculation on the basis of the documents and information made available to it. This service description must be checked by the client for correctness and completeness and provided with its approval note. Subsequent requests for changes may lead to separate deadline and price agreements.

2.4 Individually created software or program adaptations require program acceptance by the client for the respective program package concerned no later than four weeks after delivery. This shall be confirmed by the client in a protocol. (Check for correctness and completeness on the basis of the service description accepted by rmDATA using the test data provided under point 2.2). If the client allows the period of four weeks to elapse without program acceptance, the delivered software shall be deemed to have been accepted on the end date of the aforementioned period. If the software is used in live operation by the client, the software shall in any case be deemed to have been accepted.

Any defects that occur, i.e. deviations from the service description agreed in writing, must be reported by the Principal in sufficient detail to rmDATA, which shall endeavor to rectify any defects as quickly as possible. If there are significant defects reported in writing, i.e. if live operation cannot be started or continued, a new acceptance is required after the defects have been rectified.

The client is not entitled to refuse acceptance of software due to minor defects.

2.5 When ordering library (standard) programs, the client confirms knowledge of the scope of performance of the ordered programs with the order.

2.6 Should it become apparent in the course of the work that the execution of the order in accordance with the service description is actually or legally impossible, rmDATA is obliged to notify the client of this immediately. If the client does not amend the service description to this effect or create the conditions that make execution possible, rmDATA may refuse execution. If the impossibility of performance is the result of a failure on the part of the client or a subsequent change to the service description by the client, rmDATA shall be entitled to withdraw from the order. The costs and expenses incurred up to that point for the contractor's activities as well as any dismantling costs shall be reimbursed by the client.

2.7 Program carriers, documentation and service descriptions shall be sent at the expense and risk of the client. Any additional training and explanations requested by the client shall be invoiced separately. Insurance shall only be taken out at the request of the client.

2.8. rmDATA points out that a barrier-free design within the meaning of the Ordinance on the Creation of Barrier-free Information Technology in accordance with the Disability Equality Act (Barrier-free Information Technology Ordinance - BITV 2.0) is not included in the offer, unless this has been requested separately / individually by the client. If the barrier-free design has not been agreed, the client is responsible for checking the admissibility of the service with regard to the BITV. The client must also check the content provided by it for its legal admissibility, in particular under competition, trademark, copyright and administrative law. rmDATA shall not be liable for the legal admissibility of content in the event of slight negligence or after fulfillment of any duty to warn the client if this was specified by the client.

3 Prices, taxes and fees

3.1 All prices are quoted in euros excluding VAT. They apply only to the present order. The prices quoted are ex rmDATA's place of business. The costs of program carriers (e.g. CDs, magnetic tapes, magnetic disks, floppy disks, streamer tapes, magnetic tape cassettes, etc.) and any contract fees shall be invoiced separately.

3.2 For library (standard) programs, the list prices valid on the day of delivery shall apply. For all other services (organizational consulting, programming, training, conversion support, telephone consulting, etc.), the workload shall be charged at the rates valid on the day the service is provided. Deviations from a time expenditure on which the contractual price is based, for which rmDATA is not responsible, shall be invoiced according to actual occurrence.

3.3 The costs for travel, daily and overnight allowances shall be invoiced to the client separately at the applicable rates. Travel time shall be considered working time.

3.4. rmDATA is entitled to demand advance payments of an appropriate amount for the creation of individual programs and other (individual) services. In the case of standard programs, the advance payment shall be 50% of the order amount if this exceeds EUR 20,000 (net).

4 Delivery date

4.1. rmDATA shall endeavor to meet the agreed dates of performance (completion) as closely as possible.

4.2 The targeted completion dates can only be met if the customer provides all necessary work and documents in full by the dates specified by rmDATA, in particular the service description accepted by it in accordance with point 2.3, and fulfills its obligation to cooperate to the extent necessary.

Delays in delivery and cost increases caused by incorrect, incomplete or subsequently changed details and information or documents provided are not the responsibility of rmDATA and cannot lead to default on the part of rmDATA. Any resulting additional costs shall be borne by the client.

4.3 In the case of orders comprising several units or programs, rmDATA shall be entitled to make partial deliveries or issue partial invoices.

5 Payment

5.1 Unless otherwise agreed, the invoices issued by rmDATA, including VAT, shall be payable within 20 days of receipt of the invoice without any deductions and free of charges. For partial invoices, the terms of payment specified for the entire order shall apply analogously.

5.2 In the case of orders comprising several units (e.g. programs and/or training, implementation in partial steps), rmDATA shall be entitled to issue an invoice after delivery of each individual unit or service.

5.3 Compliance with the agreed payment dates is an essential condition for the performance of the delivery or fulfillment of the contract by rmDATA. Failure to comply with the agreed payments shall entitle rmDATA to suspend ongoing work and withdraw from the contract. All associated costs and loss of profit shall be borne by the client.

In the event of late payment, interest on arrears shall be charged at the usual bank rate.

5.4 The client shall not be entitled to withhold payments due to incomplete overall delivery, warranty or defect liability claims or complaints.

6 Copyright and use

6.1. After payment of the agreed remuneration, rmDATA grants the Principal a non-exclusive, non-transferable, non-sublicensable and perpetual right to use the software for the hardware specified in the contract and to the extent of the number of licenses purchased for simultaneous use on several workstations, to use all work results created on the basis of the Contractor's contract for its own internal use. All other rights shall remain with rmDATA.

The cooperation of the client in the production of the software shall not result in the acquisition of any rights beyond the use specified in this contract. Any infringement of rmDATA's copyrights shall result in claims for damages, whereby full satisfaction shall be provided in such a case.

6.2 The client is permitted to make copies for archiving and data backup purposes on condition that the software does not contain any express prohibition by the licensor or third parties and that all copyright and proprietary notices are transferred unchanged in these copies.

6.3 If the disclosure of the interfaces is required for the creation of interoperability of the software in question, this must be ordered from rmDATA by the client against payment of costs. If rmDATA does not comply with this request and decompilation is carried out in accordance with the Copyright Act, the results shall be used exclusively to establish interoperability. Misuse shall result in compensation for damages.

6.4 If the client is provided with software whose license holder is a third party (e.g. standard software from Microsoft), the granting of the right of use shall be governed by the license terms of the license holder (manufacturer).

6.5 If the software is equipped with a software protection module (dongle), the customer shall always keep this carefully, not use any circumvention program and report any loss of the dongle to rmDATA immediately. Malfunctions of the dongle shall be remedied free of charge by replacement within the scope of liability for defects, destruction shall also be remedied by replacement, but against reimbursement of costs in accordance with the price list, loss of the dongle only against purchase of a new copy of the software. If additional dongles are required due to the redistribution of licenses requested by the client (e.g. to different servers), these shall be invoiced to the client as an additional service in accordance with the valid price list. If a dongle is provided, the client shall only use the software in conjunction with this dongle.

7 Software-as-a-Service (SaaS)

7.1 The subject matter of the contract is the use of the software offered by means of remote access via the Internet ("Software-as-a-Service") and the storage of data by the customer on servers operated on behalf of rmDATA ("Hosting"). The customer's connection to the Internet is not the subject of the SaaS contract, but is the responsibility of the customer within the scope of the conditions of use. Individual extensions and adjustments to the functionality of the software must be agreed separately and are not part of the SaaS scope of services.

7.2 The SaaS system is accessible 24 hours a day, 7 days a week. This does not include restricted or impossible access due to malfunctioning software or hardware or during maintenance work. Planned maintenance work will be published in advance on the login portal or in the application.

7.3 Operational maintenance of the SaaS services is generally carried out from Monday to Thursday from 8 a.m. to 5 p.m. and Friday from 8 a.m. to 3.30 p.m. on working days. Public holidays at the company headquarters are excluded. rmDATA eliminates errors and restores operation within a reasonable period of time as part of this maintenance. Errors in the above sense are documented and reproducible faults which result in the operation of the software not being possible or only possible to a limited extent, or corruption of data or loss of data processed with or generated by the software. The customer shall take reasonable measures to facilitate the identification of errors and their causes. In particular, the customer shall provide the necessary information.

7.4. rmDATA shall provide the customer with storage space on a server to store its data. If the storage space is no longer sufficient to store the data, rmDATA shall inform the customer of this in good time and, if further storage space is ordered, shall make this available as soon as possible. If the storage space is exhausted, no further data will be stored.

7.5 The customer remains the sole owner of its own data and can therefore demand the return of individual or all data from rmDATA at any time, in particular after termination of the contract, without rmDATA having a right of retention. The data shall be returned at the customer's discretion either by handing over data carriers or by sending them via a data network. The customer is not entitled to receive the software suitable for use of the data.

8. right of withdrawal

8.1 In the event that an agreed delivery time is exceeded due to the sole fault or unlawful action of rmDATA, the client shall be entitled to withdraw from the relevant order by registered letter if the agreed service is not provided in essential parts even within the reasonable grace period and the client is not at fault.

8.2 Force majeure, labor disputes, natural disasters and transport blockages as well as other circumstances beyond rmDATA's control shall release rmDATA from its delivery obligation or allow it to reschedule the agreed delivery time.

8.3 Cancellations by the customer are only possible with the written consent of rmDATA. If rmDATA agrees to a cancellation, it shall be entitled to charge a cancellation fee of 30% of the unbilled order value of the overall project in addition to the services rendered and costs incurred.

9 Liability for defects, maintenance, changes

9.1. rmDATA is liable for ensuring that the software fulfills the functions described in the associated documentation, provided that the software is used on the operating system described in the contract. For SaaS services, rmDATA is liable for the functional and operational readiness of the software.

9.2.1 The prerequisite for error correction is that

• the Client sufficiently describes the error in an error message and this can be determined by rmDATA;
• the client provides rmDATA with all documents necessary for the rectification of the error;
• the client or a third party attributable to the client has not tampered with the software;
• the software is operated under the intended operating conditions in accordance with the documentation.
  1. In the event of liability for defects, improvement (subsequent performance) shall in any case take precedence over price reduction or rescission (reversal). In the event of justified notification of defects, the defects shall be rectified within a reasonable period of time, whereby the client shall enable rmDATA to take all measures necessary for the investigation and rectification of defects.

9.2.3 Corrections and additions which prove to be necessary up to the handover of the agreed service due to organizational and programming defects for which rmDATA is responsible shall be carried out by rmDATA free of charge.

9.3 Costs for assistance, misdiagnosis and error and fault rectification for which the client is responsible as well as other corrections, changes and additions shall be carried out by rmDATA for a fee. This also applies to the rectification of defects if program changes, additions or other interventions have been made by the client itself or by a third party.

9.4 Furthermore, rmDATA accepts no liability for defects for errors, faults or damage attributable to improper operation, modified operating system components, interfaces and parameters, use of unsuitable organizational means and data carriers, insofar as such are prescribed, abnormal operating conditions (in particular deviations from the installation and storage conditions) and transport damage.

9.5 For programs that are subsequently modified by the client's own programmers or third parties, any liability for defects on the part of rmDATA shall lapse.

9.6 Insofar as the subject of the order is the modification or supplementation of existing programs, the liability for defects relates to the modification or supplementation. This does not revive the liability for defects for the original program.

8.7 Warranty claims shall become time-barred twelve (12) months after delivery.

10 Liability

10.1. rmDATA shall only be liable to the client for damage for which it is demonstrably responsible in the event of gross negligence and intent. This also applies mutatis mutandis to damage attributable to third parties engaged by rmDATA. In the event of personal injury for which rmDATA is responsible and in the event of non-fulfillment of cardinal obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely, rmDATA shall be liable without limitation.

10.2 Liability for indirect damages - such as loss of profit or costs associated with business interruption, loss of data or third-party claims - is excluded to the extent permitted by law.

10.3 Claims for damages shall expire in accordance with the statutory provisions, but no later than one year after knowledge of the damage and the damaging party.

10.4 If rmDATA performs the work with the assistance of third parties and claims for liability for defects arise against these third parties in this context, rmDATA shall assign these claims to the client. In this case, the client shall give priority to these third parties.

10.5 If data backup is expressly agreed as a service, liability for the loss of data shall not be excluded in deviation from point 9.2, but shall be limited to a maximum of EUR 10 % of the order amount per case of damage, up to a maximum of EUR 15,000. Any further claims for liability for defects and damages on the part of the client other than those specified in this contract - irrespective of the legal grounds - are excluded to the extent permitted by law.

11 Loyalty

The contracting parties undertake to be loyal to each other. They shall refrain from any enticement and employment, including via third parties, of employees of the other contracting party who have worked on the realization of the orders for the duration of the contract and for 12 months after termination of the contract. The contracting party in breach of this provision shall be obliged to pay liquidated damages in the amount of one year's salary of the poached employee.

12. confidentiality

rmDATA obliges its employees to comply with the provisions of § 53 BDSG.

13 Miscellaneous

13.1 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the remaining content of these terms and conditions. The contracting parties shall work together in partnership to find a provision that comes as close as possible to the invalid provisions.

13.2 Agreements and amendments to the contract that deviate from these General Terms and Conditions must be made in writing; this applies in particular to the amendment of this formal requirement. Deviating verbal agreements shall become part of the contract if they are reproduced in the contract.

13.3 Unilateral amendments to these General Terms and Conditions by rmDATA shall also become part of the contract if they have been notified to the client / customer by rmDATA in writing, the client / customer has not expressly objected in writing within six weeks of receipt of the notification of amendment and this consequence has been pointed out in the notification of amendment.

14 Final provisions

14.1 Unless otherwise agreed, the statutory provisions applicable between entrepreneurs shall apply exclusively in accordance with German law, even if the order is executed abroad. The place of performance for deliveries and place of payment is the registered office of rmDATA (Würselen). The place of jurisdiction is - as far as legally permissible - Würselen. The same shall also apply in the event that the customer has no general place of jurisdiction in Germany. If the customer/client is a merchant or public corporation, the place of jurisdiction for all disputes arising from or in connection with this contract shall be Würselen. rmDATA shall, however, also be entitled to bring an action at the customer's registered office.

Status: June 2020

1 Scope and validity of the contract

1.1 All orders and agreements shall only be legally binding if they are signed by rmDATA in writing and in accordance with the company name and shall only be binding to the extent specified in the order confirmation. The client's terms and conditions of purchase are hereby excluded for the legal transaction in question and the entire business relationship. Offers are always subject to change

2. performance and inspection

2.1 The subject of an order may be

• Development of organizational concepts
• Global and detailed analyses
• Creation of individual programs
• Delivery of library (standard) programs
• Acquisition of user authorizations for software products
• Acquisition of work usage licenses
• Assistance with commissioning (changeover support)
• Telephone consulting
• Program maintenance
• Creation of program carriers
• Other services

2.2 The development of individual organizational concepts and programs is carried out according to the type and scope of the binding information, documents and aids provided in full by the client. This shall also include practical test data and sufficient test facilities, which the client shall make available in good time, during normal working hours and at its own expense. If the client is already working in live operation on the system provided for testing, the responsibility for securing the live data lies with the client.

2.3 The basis for the creation of individual programs is the written service description, which rmDATA prepares or the client makes available against cost calculation on the basis of the documents and information made available to it. This service description must be checked by the client for correctness and completeness and provided with its approval note. Subsequent requests for changes may lead to separate deadline and price agreements.

2.4 Individually created software or program adaptations require program acceptance by the client for the respective program package concerned no later than four weeks after delivery. This shall be confirmed by the client in a protocol. (Check for correctness and completeness on the basis of the service description accepted by rmDATA using the test data provided under point 2.2). If the client allows the period of four weeks to elapse without program acceptance, the delivered software shall be deemed to have been accepted on the end date of the aforementioned period. If the software is used in live operation by the client, the software shall in any case be deemed to have been accepted.

Any defects that occur, i.e. deviations from the service description agreed in writing, must be reported by the Principal in sufficient detail to rmDATA, which shall endeavor to rectify any defects as quickly as possible. If there are significant defects reported in writing, i.e. if live operation cannot be started or continued, a new acceptance is required after the defects have been rectified.

The client is not entitled to refuse acceptance of software due to minor defects.

2.5 When ordering library (standard) programs, the client confirms knowledge of the scope of performance of the ordered programs with the order.

2.6 Should it become apparent in the course of the work that the execution of the order in accordance with the service description is actually or legally impossible, rmDATA is obliged to notify the client of this immediately. If the client does not amend the service description to this effect or create the conditions that make execution possible, rmDATA may refuse execution. If the impossibility of performance is the result of a failure on the part of the client or a subsequent change to the service description by the client, rmDATA shall be entitled to withdraw from the order. The costs and expenses incurred up to that point for the contractor's activities as well as any dismantling costs shall be reimbursed by the client.

2.7 Program carriers, documentation and service descriptions shall be sent at the expense and risk of the client. Any additional training and explanations requested by the client shall be invoiced separately. Insurance shall only be taken out at the request of the client.

2.8. rmDATA points out that a barrier-free design within the meaning of the Federal Act on the Equality of Persons with Disabilities (Federal Disability Equality Act) is not included in the offer, unless this has been requested separately / individually by the client. If the barrier-free design has not been agreed, the client is responsible for checking the admissibility of the service with regard to the Federal Disability Discrimination Act. The client must also check the content provided by it for its legal admissibility, in particular under competition, trademark, copyright and administrative law. rmDATA shall not be liable for the legal admissibility of content in the event of slight negligence or after fulfillment of any duty to warn the client if this was specified by the client.

3 Prices, taxes and fees

3.1 All prices are quoted in euros excluding VAT. They apply only to the present order. The prices quoted are ex rmDATA's place of business. The costs of program carriers (e.g. CDs, magnetic tapes, magnetic disks, floppy disks, streamer tapes, magnetic tape cassettes, etc.) and any contract fees shall be invoiced separately.

3.2 For library (standard) programs, the list prices valid on the day of delivery shall apply. For all other services (organizational consulting, programming, training, conversion support, telephone consulting, etc.), the workload shall be charged at the rates valid on the day the service is provided. Deviations from a time expenditure on which the contractual price is based, for which rmDATA is not responsible, shall be invoiced according to actual occurrence.

3.3 The costs for travel, daily and overnight allowances shall be invoiced to the client separately at the applicable rates. Travel time shall be considered working time.

3.4. rmDATA is entitled to demand advance payments of an appropriate amount for the creation of individual programs and other (individual) services. In the case of standard programs, the advance payment shall be 50% of the order amount if this exceeds EUR 20,000 (net).

4 Delivery date

4.1. rmDATA shall endeavor to meet the agreed dates of performance (completion) as closely as possible.

4.2 The targeted completion dates can only be met if the customer provides all necessary work and documents in full by the dates specified by rmDATA, in particular the service description accepted by it in accordance with point 2.3, and fulfills its obligation to cooperate to the extent required.

Delays in delivery and cost increases caused by incorrect, incomplete or subsequently changed details and information or documents provided are not the responsibility of rmDATA and cannot lead to default on the part of rmDATA. Any resulting additional costs shall be borne by the client.

4.3 In the case of orders comprising several units or programs, rmDATA shall be entitled to make partial deliveries or issue partial invoices.

5 Payment

5.1 Unless otherwise agreed, the invoices issued by rmDATA, including VAT, shall be payable within 20 days of receipt of the invoice without any deductions and free of charges. For partial invoices, the terms of payment specified for the entire order shall apply analogously.

5.2 In the case of orders comprising several units (e.g. programs and/or training, implementation in partial steps), rmDATA shall be entitled to issue an invoice after delivery of each individual unit or service.

5.3 Compliance with the agreed payment dates is an essential condition for the execution of the delivery or fulfillment of the contract by rmDATA. Failure to comply with the agreed payments shall entitle rmDATA to suspend ongoing work and withdraw from the contract. All associated costs and loss of profit shall be borne by the client.

In the event of late payment, interest on arrears shall be charged at the usual bank rate. If two installments of partial payments are not made, rmDATA shall be entitled to demand payment of the entire outstanding amount and any acceptances (bills of exchange) handed over.

5.4 The client is not entitled to withhold payments due to incomplete overall delivery, guarantee or warranty claims or complaints.

6 Copyright and use

6.1. After payment of the agreed remuneration, rmDATA grants the Principal a non-exclusive, non-transferable, non-sublicensable and perpetual right to use the software for the hardware specified in the contract and to the extent of the number of licenses purchased for simultaneous use on several workstations, to use all work results created on the basis of the Contractor's contract for its own internal use. All other rights shall remain with rmDATA.

The cooperation of the client in the production of the software shall not result in the acquisition of any rights beyond the use specified in this contract. Any infringement of rmDATA's copyrights shall result in claims for damages, whereby full satisfaction shall be provided in such a case.

6.2 The client is permitted to make copies for archiving and data backup purposes on condition that the software does not contain any express prohibition by the licensor or third parties and that all copyright and proprietary notices are transferred unchanged in these copies.

6.3 If the disclosure of the interfaces is required for the creation of interoperability of the software in question, this must be ordered from rmDATA by the client against payment of costs. If rmDATA does not comply with this request and decompilation is carried out in accordance with copyright law, the results shall be used exclusively to establish interoperability. Misuse shall result in compensation for damages.

6.4 If the client is provided with software whose license holder is a third party (e.g. standard software from Microsoft), the granting of the right of use shall be governed by the license terms of the license holder (manufacturer).

6.5 If the software is equipped with a software protection module (dongle), the customer shall always keep this carefully, not use any circumvention program and report any loss of the dongle to rmDATA immediately. Malfunctions of the dongle shall be remedied free of charge by replacement within the scope of liability for defects, destruction shall also be remedied by replacement, but against reimbursement of costs in accordance with the price list, loss of the dongle only against purchase of a new copy of the software. If additional dongles are required due to the redistribution of licenses requested by the client (e.g. to different servers), these shall be invoiced to the client as an additional service in accordance with the valid price list. If a dongle is provided, the client shall only use the software in conjunction with this dongle.

7 Software-as-a-Service (SaaS)

7.1 The subject matter of the contract is the use of the software offered by means of remote access via the Internet ("Software-as-a-Service") and the storage of data by the customer on servers operated on behalf of rmDATA ("Hosting"). The customer's connection to the Internet is not the subject of the SaaS contract, but is the responsibility of the customer within the scope of the conditions of use. Individual extensions and adjustments to the functionality of the software must be agreed separately and are not part of the SaaS scope of services.

7.2 The SaaS system is accessible 24 hours a day, 7 days a week. This does not include restricted or impossible access due to malfunctioning software or hardware or during maintenance work. Planned maintenance work will be published in advance on the login portal or in the application.

7.3 Operational maintenance of the SaaS services is generally carried out from Monday to Thursday from 8 a.m. to 5 p.m. and Friday from 8 a.m. to 3.30 p.m. on working days. Public holidays are excluded. rmDATA shall eliminate errors and restore operation within a reasonable period of time as part of this maintenance. Errors in the above sense are documented and reproducible faults that result in the operation of the software not being possible or only possible to a limited extent, or corruption of data or loss of data that is processed with or generated by the software. The customer shall take reasonable measures to facilitate the identification of errors and their causes. In particular, the customer shall provide the necessary information.

7.4. rmDATA shall provide the customer with storage space on a server for the storage of its data. If the storage space is no longer sufficient to store the data, rmDATA shall inform the customer of this in good time and, if further storage space is ordered, shall make this available as soon as possible. If the storage space is exhausted, no further data will be stored.

7.5 The customer remains the sole owner of its own data and can therefore demand the return of individual or all data from rmDATA at any time, in particular after termination of the contract, without rmDATA having a right of retention. The data shall be returned at the customer's discretion either by handing over data carriers or by sending them via a data network. The customer is not entitled to receive the software suitable for use of the data.

8. right of withdrawal

8.1 In the event that an agreed delivery time is exceeded due to the sole fault or unlawful action of rmDATA, the client shall be entitled to withdraw from the relevant order by registered letter if the agreed service is not provided in essential parts even within the reasonable grace period and the client is not at fault.

8.2 Force majeure, labor disputes, natural disasters and transport blockages as well as other circumstances beyond rmDATA's control shall release rmDATA from its delivery obligation or allow it to reschedule the agreed delivery time.

8.3 Cancellations by the customer are only possible with the written consent of rmDATA. If rmDATA agrees to a cancellation, it shall be entitled to charge a cancellation fee amounting to 30% of the unbilled order value of the overall project in addition to the services rendered and costs incurred.

9 Warranty, maintenance, changes

9.1. rmDATA warrants that the software fulfills the functions described in the associated documentation, provided that the software is used on the operating system described in the contract. For SaaS services, rmDATA warrants the functional and operational readiness of the software.

9.2.1 A prerequisite for the elimination of errors is that

• the Client sufficiently describes the error in an error message and this can be determined by rmDATA;
• the client provides rmDATA with all documents necessary for the rectification of the error;
• the client or a third party attributable to the client has not tampered with the software;
• the software is operated under the intended operating conditions in accordance with the documentation.
  1. In the case of warranty, rectification shall in any case take precedence over price reduction or rescission. In the event of justified notification of defects, the defects shall be rectified within a reasonable period of time, whereby the client shall enable rmDATA to take all measures necessary for the investigation and rectification of defects.

9.2.3 Corrections and additions which prove to be necessary up to the handover of the agreed service due to organizational and programming defects for which rmDATA is responsible shall be carried out by rmDATA free of charge.

9.3 Costs for assistance, misdiagnosis and error and fault rectification for which the client is responsible as well as other corrections, changes and additions shall be carried out by rmDATA for a fee. This also applies to the rectification of defects if program changes, additions or other interventions have been made by the client itself or by a third party.

9.4 Furthermore, rmDATA accepts no liability for errors, malfunctions or damage caused by improper operation, modified operating system components, interfaces and parameters, use of unsuitable organizational resources and data carriers, insofar as such are prescribed, abnormal operating conditions (in particular deviations from the installation and storage conditions) and transport damage.

9.5 For programs that are subsequently modified by the client's own programmers or third parties, any warranty by rmDATA shall lapse.

9.6 Insofar as the subject of the order is the modification or supplementation of existing programs, the warranty refers to the modification or supplementation. This does not revive the warranty for the original program.

8.7 Warranty claims shall expire twelve (12) months after delivery.

10 Liability

10.1. rmDATA limits its liability, if any, to direct damage up to a maximum of the respective sales price and only insofar as the customer / client proves that this was caused intentionally or by grossly negligent action or omission on the part of rmDATA. This also applies mutatis mutandis to damage attributable to third parties engaged by rmDATA. In the event of personal injury for which rmDATA is responsible, rmDATA shall be liable without limitation. The exclusion of liability does not affect liability for personal injury, damage caused intentionally or through gross negligence and for damage subject to product liability. Further mandatory statutory liability provisions also remain unaffected.

10.2. rmDATA is liable for damages solely on the basis of material warranty. Any further liability of rmDATA, its auxiliary persons and third parties commissioned by rmDATA for damages of any kind and for any legal reason is excluded to the fullest extent permitted by law. In particular, there is no liability for damage that has not occurred to the product itself, such as consequential damage, loss of profit or other material or immaterial damage to the injured party.

10.3 Claims for damages shall lapse in accordance with the statutory provisions, but at the latest one year after knowledge of the damage and the damaging party.

10.4 If rmDATA performs the work with the assistance of third parties and warranty and/or liability claims arise against these third parties in this context, rmDATA shall assign these claims to the client. In this case, the client shall give priority to these third parties.

10.5 If data backup is expressly agreed as a service, liability for the loss of data shall not be excluded in deviation from point 9.2, but shall be limited to a maximum of EUR 10 % of the order amount per case of damage, up to a maximum of EUR 15,000. Warranty claims and claims for damages on the part of the client that go beyond those specified in this contract - regardless of the legal grounds - are excluded.

11 Loyalty

The contracting parties undertake to be loyal to each other. They shall refrain from any enticement and employment, including via third parties, of employees of the other contracting party who have worked on the realization of the orders for the duration of the contract and for 12 months after termination of the contract. The contracting party in breach shall be obliged to pay liquidated damages in the amount of one year's salary of the employee.

12 Confidentiality / Data protection

12.1 The contracting parties undertake to maintain confidentiality with regard to facts and data that are neither in the public domain nor generally accessible. This includes in particular prices, information on prices, availability, product data and other confidential data and information of a commercial nature. In case of doubt, all information and data must be treated confidentially. This obligation must also be imposed in writing on third parties involved (employees, vicarious agents, agents). The customer undertakes to use these facts and data only for the purpose of the contractual relationship with rmDATA and not to pass them on to third parties without the prior explicit written consent of rmDATA. The confidentiality obligation also applies after termination of the contractual relationship.

12.2 When processing customer and personal data, rmDATA shall comply with applicable Swiss law (Federal Act on Data Protection (FADP) SR 235.1) and, where applicable, European data protection law [Regulation (EU) 2016/679 (General Data Protection Regulation)]; in particular with regard to the supply of products and services to data subjects in the EU and the EEA (Art. 3 para. 2 lit. a GDPR).

13 Miscellaneous

13.1 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the remaining content of these terms and conditions. The contracting parties shall work together in partnership to find a provision that comes as close as possible to the invalid provisions.

13.2 Agreements and amendments to the contract that deviate from these General Terms and Conditions must be made in writing; this applies in particular to the amendment of this formal requirement. Deviating verbal agreements shall become part of the contract if they are reproduced in the contract.

13.3 Unilateral amendments to these General Terms and Conditions by rmDATA shall also become part of the contract if they have been notified to the client / customer by rmDATA in writing, the client / customer has not expressly objected in writing within six weeks of receipt of the notification of amendment and this consequence has been pointed out in the notification of amendment.

14 Final provisions

14.1 The contractual relationship between the parties, including these GTC and all contracts or individual agreements concluded hereunder, shall be governed exclusively by substantive Swiss law, to the exclusion of the conflict-of-law rules of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Vienna Sales Convention) and the Hague Convention and private international law. This shall also apply if the order is executed abroad.

14.2 For all disputes arising directly or indirectly from the contractual relationship, the competent court for 8956 Killwangen at the registered office of rmDATA shall have subject-matter jurisdiction. rmDATA is, however, entitled to take legal action against the client / customer at its ordinary place of jurisdiction (registered office / place of residence).

Status April 2024

1 General

1.1 The Contractor is rmDATA GmbH with registered office in 7423 Pinkafeld, Technologiezentrum Pinkafeld, Industriestraße 6, commercial register number FN 118565k, commercial register court: Handelsgericht Eisenstadt, hereinafter referred to as rmDATA.

1.2 The client is the company/authority/public agency that concludes a maintenance agreement for rmDATA standard products (hereinafter: rmDATA programs) in accordance with these contractual terms and conditions.

1.3 The subject of the rmDATA maintenance agreement is the maintenance and support of the rmDATA programs purchased by the customer and listed in the configuration sheet. The list of rmDATA programs and all financial and other arrangements are set out in a corresponding configuration sheet.

1.4 In order to be able to provide maintenance and support measures, it is assumed that the rmDATA programs are operated on a suitable device and that these requirements correspond to the contractual rmDATA programs. An unsuitable device or use of the rmDATA programs with other software components that do not meet the rmDATA software requirements can only be included in the maintenance agreement after a chargeable inspection, if necessary after a necessary revision of the software or hardware components.

2 Definitions

2.1 "Derived program" is a program that is developed by the Principal as an addition to the rmDATA programs and that contains components of the programs supplied by the Contractor that can be identified as such. Programs or parts of programs which have been modified by the Principal shall also be deemed to be a "derived program".

2.2 "Error correction" is the correction of all program parts which lead to incorrect results or cause malfunctions when operated according to the instructions and which can be reproduced by rmDATA.

2.3 "Program maintenance" is explained in more detail in point 3 "Scope of services".

2.4 "New developments" are generally newly written programs or program parts which have been developed - in other programming languages - for a different database system - for a different operating system - for a different user interface and are identified by a version number increased by at least one. These are not included in the maintenance agreement.

2.5 "Updates" are new program versions that only contain bug fixes.

2.6 "Maintenance period" covers the period of one year from the date of conclusion of the maintenance agreement.

3 Scope of services

3.1 General

Maintenance of the rmDATA programs is carried out by making the new program versions available in the download area of the rmDATA customer portal, to which only clients with a valid maintenance agreement are granted access authorization. The rmDATA programs made available for download from the customer portal can be imported into the client's system to be maintained. If required, the rmDATA programs can also be sent on a suitable data carrier.
In the case of maintenance work that cannot be carried out by sending rmDATA programs, rmDATA reserves the right to decide whether a maintenance technician carries out the maintenance work on site (at the location of the client system) or whether the system must be sent to rmDATA and maintained on its premises.

If the hardware is sent to rmDATA, the customer shall bear the shipping costs. If the hardware is sent to rmDATA carriage forward, rmDATA will charge the costs plus a handling fee. When sending the hardware to rmDATA, the customer shall in any case bear the risk of undamaged and complete receipt by rmDATA.

Travel costs, transportation costs, mileage and travel expenses or waiting times of the technicians are not included in the maintenance flat rate.

3.2 rmDATA customer portal

By integrating the customer portal into the rmDATA programs, relevant messages are displayed directly in the respective program: The availability of a new version, important notes or tips & tricks for using the program are such information. If required, you can submit support requests directly in the rmDATA program, which reduces the effort required for a request and ultimately the time it takes to respond. Filtered by language and region, the portal gives you a much better overview of which rmDATA programs are relevant for you. In addition, you have access to all support requests, can view the status of processing and also read up on older requests.

3.3 Program maintenance includes

• Telephone support requests during rmDATA support hours on working days applicable in Austria. Mon-Thu: 08:00 to 12:00 and 14:00 to 17:00 Fri: 08:00 to 12:00 and 14:00 to 15:30 (for organizational reasons, these times may be changed by rmDATA)
• Access to the rmDATA customer portal.
• Correction of program errors as defined in point 2.
• Regular information about frequent customer inquiries regarding rmDATA programs software and the appropriate solutions in the rmDATA customer portal at https://portal.rmdatagroup.com
• Tips and tricks for efficient use of the programs in the rmDATA customer portal
• Tips and tricks for minimizing damage in the event of operating errors.
• Free transfer of licenses for changed hardware or to other computers of the client.
• Notification of the meaning of error messages and error codes.

3.4 Special agreements

• Maintenance refers only to the standard programs of rmDATA, but not to program parts or additional programs which have been specially produced for the customer (see point 2.1).
• rmDATA is entitled to prescribe the binding form of error messages and queries when using the program, or to request the documents and information required to rectify the errors that have occurred (bug report lists, problem data).
• Costs incurred by rmDATA through the processing of error reports and the processing of program improvements which are demonstrably attributable to grossly negligent incorrect use of the program by the client or a third party commissioned by the client shall be charged separately.
• The maintenance of multi-licenses is carried out exclusively by a central contact point or a central contact person at the client.
• On-site service can only be claimed if a solution by telephone or remote maintenance is not possible.

3.5 Reasons for exclusion

Support/maintenance is excluded under the following conditions and cannot be claimed by the client:

• Manipulation of the rmDATA programs installed by rmDATA software by the client or by third parties without rmDATA having been informed of this and having given its consent.
• Troubleshooting of program errors caused by faulty software or hardware components that were not supplied or installed by rmDATA.
• Maintenance work necessitated by force majeure (accident, water, fire, transportation, etc.) or hardware defects.
• Repair of malfunctions that are necessary as a result of the use of defective programs (e.g. virus-infected programs), unless these defective programs were supplied by rmDATA.

3.6 The maintenance agreement does not include

• the sending of generally newly written rmDATA programs or program parts (new developments), if these:
  • in other programming languages,
  • for a different operating system or
  • have been developed for a different user interface.
• the sending of update products which have not been developed by rmDATA and of programs which have been specially produced for the customer. These products or programs are marked separately in the configuration sheet.
• Support with the installation of updates or newly purchased rmDATA programs or program parts.

4 Payment

4.1 The fixed flat rate is to be paid by the client in advance in accordance with the invoice. The services may only be used once the invoices issued by rmDATA in this connection have been paid in full. This flat rate applies to the rmDATA programs specified in the contract within the agreed maintenance period and can be seen from the configuration sheet.

4.2 If new software components are purchased, the flat rate for maintenance shall be increased accordingly at the beginning of the next maintenance year.

4.3 rmDATA shall be entitled to increase the flat-rate cost rate accordingly in the event of an increase in wage and material costs or other costs occurring after conclusion of the contract and to charge the Client from the beginning of the month following the increase. The increases shall be deemed to have been accepted by the Client from the outset, provided they do not exceed 10% per annum.

4.4 All invoices are payable in full within 20 days of receipt of the invoice by the client.

4.5 In the event of default in payment, the statutory default interest for business transactions (§ 1333 para. 2 ABGB) shall be charged.

5 Liability and warranty

5.1 The liability of rmDATA for any damages is limited to the amount of the maintenance fees paid by the client for the relevant rmDATA program, including the purchase price. Any further liability is excluded.

5.2 Except in the event that rmDATA intentionally causes damage, rmDATA shall in no event be liable for loss of profit, indirect damage, loss of data, executability of third-party programs or devices and for damage in connection with delayed or improper execution of program changes.

5.3 rmDATA shall not be liable for products and programs that were not developed or produced by rmDATA (e.g. AutoCAD, etc.).

5.4 Upon receipt of the agreed rmDATA programs, insofar as they are supplied by rmDATA, the Client is obliged to check them immediately for functionality, correctness and completeness and to carry out a test run of the rmDATA programs supplied. Notices of defects are only valid if they are made in writing within one month of receipt of the agreed service, stating the reproducible defect. In the event of justified notification of defects, the defects shall be rectified within a reasonable period of time at rmDATA's expense, whereby the Principal shall enable the Contractor to take all measures necessary for the investigation and rectification of defects.

6 Miscellaneous

6.1 The Principal is obliged to refrain from passing on the rmDATA programs, program descriptions etc. to third parties, whether for a fee or free of charge, without the consent of rmDATA (see also License Agreement). In view of the fact that the programs and organizational services created are the intellectual property of rmDATA, they may only be used for the client's own purposes, even after payment. Any disclosure, including the short-term provision of reproductions or copies, may result in claims for damages, whereby full compensation must be paid in such cases.

6.2 Any transfer of the rights and obligations arising from the maintenance agreement by the customer (change of possession or ownership of the contractual rmDATA programs) to third parties requires the express written consent of rmDATA.

6.3 This maintenance agreement shall be governed by Austrian law to the exclusion of its conflict of law rules.

6.4 The court with local jurisdiction for Pinkafeld shall have jurisdiction over any disputes arising from this maintenance agreement.

6.5 The place of performance shall be the Contractor's registered office.

7 Maintenance period and termination

7.1 The maintenance agreement shall cover a period of one year from the date of conclusion of the maintenance agreement.

7.2 The maintenance agreement may be terminated by either party no later than three months before the end of this period, otherwise the maintenance agreement shall be automatically extended for a further year.

Status April 2024

1 General

1.1 The Contractor is rmDATA GmbH with registered office in 52146 Würselen, Merzbrück 212, Commercial Register: HRB 23511, Aachen Local Court, hereinafter referred to as rmDATA.

1.2 The Client is the company/authority/public agency that concludes a maintenance agreement for rmDATA standard products (hereinafter: rmDATA programs) in accordance with these Terms and Conditions.

1.3 The subject of the rmDATA maintenance agreement is the maintenance and support of the rmDATA programs purchased by the customer and listed in the configuration sheet. The list of rmDATA programs and all financial and other arrangements are set out in a corresponding configuration sheet.

1.4 In order to be able to provide maintenance and support measures, it is assumed that the rmDATA programs are operated on a suitable device and that these requirements correspond to the contractual rmDATA programs. An unsuitable device or use of the rmDATA programs with other software components that do not meet the rmDATA software requirements can only be included in the maintenance agreement after a chargeable inspection, if necessary after a necessary revision of the software or hardware components.

2 Definitions

2.1 "Derived program" is a program that is developed by the Principal as an addition to the rmDATA programs and that contains components of the programs supplied by the Contractor that can be identified as such. Programs or parts of programs which have been modified by the Principal shall also be deemed to be a "derived program".

2.2 "Error correction" is the correction of all program parts which lead to incorrect results or cause malfunctions when operated according to the instructions and which can be reproduced by rmDATA.

2.3 "Program maintenance" is explained in more detail in point 3 "Scope of services".

2.4 "New developments" are generally newly written programs or program parts which have been developed - in other programming languages - for a different database system - for a different operating system - for a different user interface and are identified by a version number increased by at least one. These are not included in the maintenance agreement.

2.5 "Updates" are new program versions that only contain bug fixes.

2.6 "Maintenance period" covers the period of one year from the date of conclusion of the maintenance agreement.

3 Scope of services

3.1 General

Maintenance of the rmDATA programs is carried out by making the new program versions available in the download area of the rmDATA customer portal, to which only clients with a valid maintenance agreement are granted access authorization. The rmDATA programs made available for download from the customer portal can be imported into the client's system to be maintained. If required, the rmDATA programs can also be sent on a suitable data carrier.
In the case of maintenance work that cannot be carried out by sending rmDATA programs, rmDATA reserves the right to decide whether a maintenance technician carries out the maintenance work on site (at the location of the client system) or whether the system must be sent to rmDATA and maintained on its premises.

If the hardware is sent to rmDATA, the customer shall bear the shipping costs. If the hardware is sent to rmDATA carriage forward, rmDATA will charge the costs plus a handling fee. When sending the hardware to rmDATA, the customer shall in any case bear the risk of undamaged and complete receipt by rmDATA.

Travel costs, transportation costs, mileage and travel expenses or waiting times of the technicians are not included in the maintenance flat rate.

3.2 rmDATA customer portal

By integrating the customer portal into the rmDATA programs, relevant messages are displayed directly in the respective program: The availability of a new version, important notes or tips & tricks for using the program are such information. If required, you can submit support requests directly in the rmDATA program, which reduces the effort required for a request and ultimately the time it takes to respond. Filtered by language and region, the portal gives you a much better overview of which rmDATA programs are relevant for you. In addition, you have access to all support requests, can view the status of processing and also read up on older requests.

3.3 Program maintenance includes

• Telephone support requests during rmDATA support hours on working days applicable in Austria. Mon-Thu: 08:00 to 12:00 and 14:00 to 17:00 Fri: 08:00 to 12:00 and 14:00 to 15:30 (for organizational reasons, these times may be changed by rmDATA)
• Access to the rmDATA customer portal.
• Correction of program errors as defined in point 2.
• Regular information about frequent customer inquiries regarding rmDATA programs software and the appropriate solutions in the rmDATA customer portal at https://portal.rmdatagroup.com
• Tips and tricks for efficient use of the programs in the rmDATA customer portal
• Tips and tricks for minimizing damage in the event of operating errors.
• Free transfer of licenses for changed hardware or to other computers of the client.
• Notification of the meaning of error messages and error codes.

3.4 Special agreements

• Maintenance refers only to the standard programs of rmDATA, but not to program parts or additional programs which have been specially produced for the customer (see point 2.1).
• rmDATA is entitled to prescribe the form of error messages and inquiries during program use and to request the documents and information required to rectify the errors that have occurred (bug report lists, problem data).
• Costs incurred by rmDATA through the processing of error reports and the processing of program improvements which are demonstrably attributable to grossly negligent incorrect use of the program by the client or a third party commissioned by the client shall be charged separately.
• The maintenance of multi-licenses is carried out exclusively by a central contact point or a central contact person at the client.
• On-site service can only be claimed if a solution by telephone or remote maintenance is not possible.

3.5 Reasons for exclusion

Support/maintenance is excluded under the following conditions and cannot be claimed by the client:

• Manipulation of the rmDATA programs installed by rmDATA software by the client or by third parties without rmDATA having been informed of this and having given its consent.
• Troubleshooting of program errors caused by faulty software or hardware components that were not supplied or installed by rmDATA.
• Maintenance work necessitated by force majeure (accident, water, fire, transportation, etc.) or hardware defects.
• Repair of malfunctions that are necessary due to the use of defective programs (e.g. virus-infected programs), unless these defective programs were supplied by rmDATA.

3.6 The maintenance agreement does not include

• the sending of generally newly written rmDATA programs or program parts (new developments), if these:
  • in other programming languages,
  • for a different operating system or
  • have been developed for a different user interface.
• the sending of update products which have not been developed by rmDATA and of programs which have been specially created for the customer. These products or programs are marked separately in the configuration sheet.
• Support with the installation of updates or newly purchased rmDATA programs or program parts.

4 Payment

4.1 The fixed flat rate is to be paid by the client in advance in accordance with the invoice. The services may only be used once the invoices issued by rmDATA in this connection have been paid in full. This flat rate applies to the rmDATA programs specified in the contract within the agreed maintenance period and can be seen from the configuration sheet.

4.2 If new software components are purchased, the flat rate for maintenance shall be increased accordingly at the beginning of the next maintenance year.

4.3 rmDATA shall be entitled to increase the flat-rate cost rate accordingly in the event of an increase in wage and material costs or other costs occurring after conclusion of the contract and to charge the Client from the beginning of the month following the increase. The increases shall be deemed to have been accepted by the Client from the outset, provided they do not exceed 10% per annum.

4.4 All invoices are payable in full within 20 days of receipt of the invoice by the client.

4.5 In the event of default in payment, the statutory default interest for business transactions (§ 1333 para. 2 ABGB) shall be charged.

5 Liability and warranty

5.1 The liability of rmDATA for any damages is limited to the amount of the maintenance fees paid by the client for the relevant rmDATA program, including the purchase price. Any further liability is excluded.

5.2 Except in the event that rmDATA intentionally causes damage, rmDATA shall in no event be liable for loss of profit, indirect damage, loss of data, executability of third-party programs or devices and for damage in connection with delayed or improper execution of program changes.

5.3 rmDATA shall not be liable for products and programs that were not developed or produced by rmDATA (e.g. AutoCAD, etc.).

5.4 Upon receipt of the agreed rmDATA programs, insofar as they are supplied by rmDATA, the customer is obliged to check them immediately for functionality, correctness and completeness and to carry out a test run of the rmDATA programs supplied. Notices of defects are only valid if they are made in writing within one month of receipt of the agreed service, stating the reproducible defect. In the event of justified notification of defects, the defects shall be rectified within a reasonable period of time at rmDATA's expense, whereby the Principal shall enable the Contractor to take all measures necessary for the investigation and rectification of defects.

6 Miscellaneous

6.1 The Principal is obliged to refrain from passing on the rmDATA programs, program descriptions etc. to third parties, whether for a fee or free of charge, without the consent of rmDATA (see also License Agreement). In view of the fact that the programs and organizational services created are the intellectual property of rmDATA, they may only be used for the client's own purposes, even after payment. Any disclosure, including the short-term provision of reproductions or copies, may result in claims for damages, whereby full compensation must be paid in such cases.

6.2 Any transfer of the rights and obligations arising from the maintenance agreement by the customer (change of possession or ownership of the contractual rmDATA programs) to third parties requires the express written consent of rmDATA.

6.3 This maintenance agreement shall be governed by Austrian law to the exclusion of its conflict of law rules.

6.4 The court with local jurisdiction for Pinkafeld shall have jurisdiction over any disputes arising from this maintenance agreement.

6.5 The place of performance shall be the Contractor's registered office.

7 Maintenance period and termination

7.1 The maintenance agreement shall cover a period of one year from the date of conclusion of the maintenance agreement.

7.2 The maintenance agreement may be terminated by either party no later than three months before the end of this period, otherwise the maintenance agreement shall be automatically extended for a further year.

Status April 2024

1 General

1.1 The Contractor is rmDATA AG with registered office in 5405 Baden-Dättwil, Täfernstrasse 26, company number CHE-464.830.035, Commercial Register Canton Aargau, hereinafter referred to as rmDATA.

1.2 The client is the company/authority/public agency that concludes a maintenance agreement for rmDATA standard products (hereinafter: rmDATA programs) in accordance with these contractual terms and conditions.

1.3 The subject of the rmDATA maintenance agreement is the maintenance and support of the rmDATA programs purchased by the customer and listed in the configuration sheet. The list of rmDATA programs and all financial and other arrangements are set out in a corresponding configuration sheet.

1.4 In order to be able to provide maintenance and support measures, it is assumed that the rmDATA programs are operated on a suitable device and that these requirements correspond to the contractual rmDATA programs. An unsuitable device or use of the rmDATA programs with other software components that do not meet the rmDATA software requirements can only be included in the maintenance agreement after a chargeable inspection, if necessary after a necessary revision of the software or hardware components.

2 Definitions

2.1 "Derived program" is a program that is developed by the Principal as an addition to the rmDATA programs and that contains components of the programs supplied by the Contractor that can be identified as such. Programs or parts of programs which have been modified by the Principal shall also be deemed to be a "derived program".

2.2 "Error correction" is the correction of all program parts which lead to incorrect results or cause malfunctions when operated according to the instructions and which can be reproduced by rmDATA.

2.3 "Program maintenance" is explained in more detail in point 3 "Scope of services".

2.4 "New developments" are generally newly written programs or program parts which have been developed - in other programming languages - for a different database system - for a different operating system - for a different user interface and are identified by a version number increased by at least one. These are not included in the maintenance agreement.

2.5 "Updates" are new program versions that only contain bug fixes.

2.6 "Maintenance period" covers the period of one year from the date of conclusion of the maintenance agreement.

3 Scope of services

3.1 General

Maintenance of the rmDATA programs is carried out by making the new program versions available in the download area of the rmDATA customer portal, to which only clients with a valid maintenance agreement are granted access authorization. The rmDATA programs made available for download from the customer portal can be imported into the client's system to be maintained. If required, the rmDATA programs can also be sent on a suitable data carrier.
In the case of maintenance work that cannot be carried out by sending rmDATA programs, rmDATA reserves the right to decide whether a maintenance technician carries out the maintenance work on site (at the location of the client system) or whether the system must be sent to rmDATA and maintained on its premises.

If the hardware is sent to rmDATA, the customer shall bear the shipping costs. If the hardware is sent to rmDATA carriage forward, rmDATA will charge the costs plus a handling fee. When sending the hardware to rmDATA, the customer shall in any case bear the risk of undamaged and complete receipt by rmDATA.

Travel costs, transportation costs, mileage and travel expenses or waiting times of the technicians are not included in the maintenance flat rate.

3.2 rmDATA customer portal

By integrating the customer portal into the rmDATA programs, relevant messages are displayed directly in the respective program: The availability of a new version, important notes or tips & tricks for using the program are such information. If required, you can submit support requests directly in the rmDATA program, which reduces the effort required for a request and ultimately the time it takes to respond. Filtered by language and region, the portal gives you a much better overview of which rmDATA programs are relevant for you. In addition, you have access to all support requests, can view the status of processing and also read up on older requests.

3.3 Program maintenance includes

• Telephone support requests during rmDATA support hours on working days applicable in Austria. Mon-Thu: 08:00 to 12:00 and 14:00 to 17:00 Fri: 08:00 to 12:00 and 14:00 to 15:30 (for organizational reasons, these times may be changed by rmDATA)
• Access to the rmDATA customer portal.
• Correction of program errors as defined in point 2.
• Regular information about frequent customer inquiries regarding rmDATA programs software and the appropriate solutions in the rmDATA customer portal at https://portal.rmdatagroup.com
• Tips and tricks for efficient use of the programs in the rmDATA customer portal
• Tips and tricks for minimizing damage in the event of operating errors.
• Free transfer of licenses for changed hardware or to other computers of the client.
• Notification of the meaning of error messages and error codes.

3.4 Special agreements

• Maintenance refers only to the standard programs of rmDATA, but not to program parts or additional programs which have been specially produced for the customer (see point 2.1).
• rmDATA is entitled to prescribe the form of error messages and inquiries during program use and to request the documents and information required to rectify the errors that have occurred (bug report lists, problem data).
• Costs incurred by rmDATA through the processing of error reports and the processing of program improvements which are demonstrably attributable to grossly negligent incorrect use of the program by the client or a third party commissioned by the client shall be charged separately.
• The maintenance of multi-licenses is carried out exclusively by a central contact point or by a central contact person at the client.
• On-site service can only be claimed if a solution by telephone or remote maintenance is not possible.

3.5 Reasons for exclusion

Support/maintenance is excluded under the following conditions and cannot be claimed by the client:

• Manipulation of the rmDATA programs installed by rmDATA software by the Principal or by third parties without rmDATA having been informed of this and having given its consent.
• Troubleshooting of program errors caused by faulty software or hardware components that were not supplied or installed by rmDATA.
• Maintenance work necessitated by force majeure (accident, water, fire, transportation, etc.) or hardware defects.
• Repair of malfunctions that are necessary due to the use of defective programs (e.g. virus-infected programs), unless these defective programs were supplied by rmDATA.

3.6 The maintenance agreement does not include

• the sending of generally newly written rmDATA programs or program parts (new developments), if these:
  • in other programming languages,
  • for a different operating system or
  • have been developed for a different user interface.
• the sending of update products which have not been developed by rmDATA and of programs which have been specially produced for the customer. These products or programs are marked separately in the configuration sheet.
• Support with the installation of updates or newly purchased rmDATA programs or program parts.

4 Payment

4.1 The fixed flat rate is to be paid by the client in advance in accordance with the invoice. The services may only be used once the invoices issued by rmDATA in this connection have been paid in full. This flat rate applies to the rmDATA programs specified in the contract within the agreed maintenance period and can be seen from the configuration sheet.

4.2 If new software components are purchased, the flat rate for maintenance shall be increased accordingly at the beginning of the next maintenance year.

4.3 rmDATA shall be entitled to increase the flat-rate cost rate accordingly in the event of an increase in wage and material costs or other costs occurring after conclusion of the contract and to charge the Client from the beginning of the month following the increase. The increases shall be deemed to have been accepted by the Client from the outset, provided they do not exceed 10% per annum.

4.4 All invoices are payable in full within 20 days of receipt of the invoice by the client.

4.5 In the event of default in payment, the statutory default interest for business transactions (§ 1333 para. 2 ABGB) shall be charged.

5 Liability and warranty

5.1 The liability of rmDATA for any damages is limited to the amount of the maintenance fees paid by the client for the relevant rmDATA program, including the purchase price. Any further liability is excluded.

5.2 Except in the event that rmDATA intentionally causes damage, rmDATA shall in no event be liable for loss of profit, indirect damage, loss of data, executability of third-party programs or devices and for damage in connection with delayed or improper execution of program changes.

5.3 rmDATA shall not be liable for products and programs that were not developed or produced by rmDATA (e.g. AutoCAD, etc.).

5.4 Upon receipt of the agreed rmDATA programs, insofar as they are supplied by rmDATA, the customer is obliged to check them immediately for functionality, correctness and completeness and to carry out a test run of the rmDATA programs supplied. Notices of defects are only valid if they are made in writing within one month of receipt of the agreed service, stating the reproducible defect. In the event of justified notification of defects, the defects shall be rectified within a reasonable period of time at rmDATA's expense, whereby the Principal shall enable the Contractor to take all measures necessary for the investigation and rectification of defects.

6 Miscellaneous

6.1 The Principal is obliged to refrain from passing on the rmDATA programs, program descriptions etc. to third parties, whether for a fee or free of charge, without the consent of rmDATA (see also License Agreement). In view of the fact that the programs and organizational services created are the intellectual property of rmDATA, they may only be used for the client's own purposes, even after payment. Any disclosure, including the short-term provision of reproductions or copies, may result in claims for damages, whereby full compensation must be paid in such cases.

6.2 Any transfer of the rights and obligations arising from the maintenance agreement by the customer (change of possession or ownership of the contractual rmDATA programs) to third parties requires the express written consent of rmDATA.

6.3 This maintenance agreement shall be governed by Austrian law to the exclusion of its conflict of law rules.

6.4 The court with local jurisdiction for Pinkafeld shall have jurisdiction over any disputes arising from this maintenance agreement.

6.5 The place of performance shall be the Contractor's registered office.

7 Maintenance period and termination

7.1 The maintenance agreement shall cover a period of one year from the date of conclusion of the maintenance agreement.

7.2 The maintenance agreement may be terminated by either party no later than three months before the end of this period, otherwise the maintenance agreement shall be automatically extended for a further year.

Status April 2024

1 General

1.1 The Contractor is rmDATA GmbH with registered office in 7423 Pinkafeld, Technologiezentrum Pinkafeld, Industriestraße 6, commercial register number FN 118565k, commercial register court: Handelsgericht Eisenstadt, hereinafter referred to as rmDATA.

1.2 The client is the company/authority/public agency that concludes a subscription agreement for rmDATA standard products (hereinafter: rmDATA programs) in accordance with these contractual terms and conditions.

1.3 The subject matter of the rmDATA Subscription Agreement (hereinafter: Subscription Agreement) is the granting of a non-transferable and non-exclusive right of use to the Customer for the rmDATA programs made available for download on the rmDATA Customer Portal, including documentation, for the duration of this Subscription Agreement. The present subscription agreement also includes the maintenance of the rmDATA programs supplied by rmDATA as licensor and listed in the invoice for the duration of this subscription agreement.

1.4 The conclusion of the subscription agreement requires that the rmDATA programs are operated on a device (hardware) intended for this purpose, which meets the requirements defined by rmDATA as licensor for the contractual rmDATA programs. An unsuitable device or use of the rmDATA programs with other software components that do not meet the rmDATA requirements can only be included in the present subscription agreement after a chargeable inspection, if necessary after a necessary revision of the software or hardware components.

1.5 The installation and commissioning of the contractual rmDATA programs on the Licensee's hardware and any training measures as well as the preparation and integration of geodata are excluded from this Subscription Agreement.

1.6 The subscription agreement does not include the sending of update products which have not been developed by rmDATA as licensor and of programs which have been specially produced for the customer. Support with the installation of updates or newly purchased programs or program parts on the licensee's hardware is also not covered by the subscription agreement.

2 Definitions

2.1 "Derived program" is a program that is developed by the client as an addition to the rmDATA programs and that contains components of the programs supplied by the contractor that can be identified as such. Programs or program parts that have been modified by the Principal shall also be deemed to be a "derived program".

2.2 "Error correction" is the correction of all program parts which lead to incorrect results or cause malfunctions when operated according to the instructions and which can be reproduced by rmDATA.

2.3 "Program maintenance" is explained in more detail in point 3 "Scope of services".

2.4 "New developments" are generally newly written programs or program parts which have been developed - in other programming languages - for a different database system - for a different operating system - for a different user interface and are identified by a version number increased by at least one.

2.5 "Updates" are new program versions that only contain bug fixes.

2.6 "Subscription period" covers the period offered from the time the subscription contract is concluded.

3 Scope of services

3.1 General
The subscription contract permits the use of one copy of the rmDATA programs simultaneously on a single computer, provided that the rmDATA programs are only used on a single computer at any one time ("single user license"). When using multiple licenses ("network licenses" or "usage packages"), only as many copies may be in use or users may work with them as the number of licenses purchased by the customer as licensee. The list of rmDATA programs as well as the license type and number of licenses are specified in the invoice.
The rmDATA programs, as well as all additional documents provided by rmDATA as licensor, may be reproduced for the purpose of the contractual use. The necessary acts of reproduction include the installation of the rmDATA programs from the original data carrier onto the hard disk of the customer as principal, the respective loading into the main memory of the customer's hardware and the creation of a backup copy.
All other rights to the rmDATA programs and documentation, including copies and subsequent additions, remain with rmDATA as licensor, in particular the copyright.
The passing on of rmDATA programs and security devices (hardware locks, software locks) or of documents created by rmDATA in this context or of copies of the rmDATA programs or the aforementioned documents to third parties may only take place with the written consent of rmDATA as licensor. The examination or analysis of the rmDATA programs by decompiling, disassembling or reverse engineering is - unless expressly permitted by law - not permitted.
The customer as licensee is not entitled to rent or lease the rmDATA program.
The components of the rmDATA programs may not be separated for use on more than one computer or server.
Maintenance of the rmDATA programs is carried out by making the new program versions available in the download area of the rmDATA customer portal, to which only clients with a valid subscription agreement are granted access authorization. The rmDATA programs made available from the customer portal by means of downloads can be imported into the client's system to be maintained. If required, the rmDATA programs can also be sent on a suitable data carrier.
For maintenance work that cannot be carried out by downloading or sending rmDATA programs, rmDATA reserves the right to decide whether a maintenance technician carries out the maintenance work on site (at the location of the client system) or whether the system is maintained via remote maintenance.

3.2 rmDATA customer portal
By integrating the customer portal into the rmDATA programs, relevant messages are displayed directly in the respective program: The availability of a new version, important notes or tips & tricks for using the program are such information. If required, clients can submit support requests directly in the rmDATA program, which reduces the effort required for a request and ultimately the time it takes to respond. Filtered by language and region, the portal offers a much better overview of which rmDATA programs are relevant for the client. In addition, clients have access to all sup-port requests, can view the status of processing and can also read up on older requests.

3.3 The subscription contract includes

• Telephone support requests during rmDATA support hours on working days applicable in Austria. Mon-Thu: 08:00 to 12:00 and 14:00 to 17:00 Fri: 08:00 to 12:00 and 14:00 to 15:30 (for organizational reasons, these times may be changed by rmDATA)
• Access to the rmDATA customer portal
• Correction of program errors as defined in point 2.
• Regular information about frequent customer inquiries regarding rmDATA programs and the corresponding solutions in the rmDATA customer portal at portal.rmdatagroup.com
• Tips and tricks for efficient use of the programs in the rmDATA customer portal
• Tips and tricks for minimizing damage in the event of operating errors.
• Free transfer of licenses for changed hardware or to other computers of the client.
• Notification of the meaning of error messages and error codes.

3.4 Special agreements

• The program maintenance only refers to the standard programs of rmDATA, but not to program parts or additional programs which have been specially produced for the client (see point 2.1).
• rmDATA is entitled to prescribe the form of error messages and inquiries during program use, or to request the documents and information required to rectify the errors that have occurred (bug report lists, problem data).
• Costs incurred by rmDATA in processing error reports and processing program improvements which are demonstrably attributable to grossly negligent incorrect use of the program by the client or a third party commissioned by the client shall be charged separately.
• The maintenance of multi-licenses is carried out exclusively by a central contact point or a central contact person at the client.
• On-site service can only be claimed if a solution by telephone or remote maintenance is not possible in rmDATA's judgment.

3.5 Reasons for exclusion - support/maintenance is excluded under the following conditions and cannot be claimed by the client:

• Manipulation of the rmDATA programs installed by rmDATA by the Principal or by third parties without rmDATA having been informed of this and having given its consent.
• Troubleshooting of program errors caused by faulty software or hardware components that were not supplied or installed by rmDATA.
• Maintenance work necessitated by force majeure (accident, water, fire, transportation, etc.) or hardware defects.
• Repair of malfunctions that are necessary due to the use of defective programs (e.g. virus-infected programs), unless these defective programs were supplied by rmDATA.

3.6 General conditions for data
rmDATA assumes no warranty for the correctness and completeness of the data used by the client. rmDATA shall not be liable for incorrect decisions or damages based on incorrect or false data of the client. As the licensee, the client is responsible for compliance with the license conditions of the data.

4 Obligations of the client

4.1 The client is obliged to prevent unauthorized access by third parties to the contractual rmDATA programs by taking suitable, state-of-the-art precautions. Original data carriers and any backup copies must be stored in a location secured against unauthorized access by third parties.

4.2 The responsibility for the installation and use of the rmDATA programs, for the results achieved with them and for the selection of data and software components necessary to achieve these results lies with the client. In particular, the Client is responsible for assessing the plausibility and accuracy of the results obtained with the rmDATA programs. Furthermore, the Client is responsible for the selection and use of other software, hardware and services in connection with the contractual rmDATA programs.

4.3 The Principal shall be liable for ensuring that all persons working in its business comply with the license terms set out in point 3. If one of these persons violates the contractual obligations, this behavior shall be attributed to the client.

4.4 The right to use the rmDATA programs shall expire in the event of default of payment.

4.5 If the security devices (hardware locks) installed by the Principal or the computer or server are lost, the Principal shall be obliged to immediately submit a report of loss or theft to the competent security authority and to immediately send a copy thereof to the Contractor.

4.5 The security equipment (hardware locks) shall be made available again by the Contractor against reimbursement of costs.

5 Obligations of the Contractor

5.1 The Contractor undertakes to supply the rmDATA programs in electronic form (download via the rmDATA customer portal) and the security devices (hardware locks, software locks) required for use. Delivery of the rmDATA programs in the form of an installation routine on data carriers is subject to the consent of rmDATA and only at the express request of the customer.

6 Payment

6.1 The fixed usage fee is to be paid by the client in advance in accordance with the invoice. The services may only be used by the client once the invoices issued by rmDATA in this context have been paid in full. This usage fee applies to the rmDATA programs listed in the invoice within the agreed subscription.

6.2 rmDATA shall be entitled to increase the flat rate accordingly in the event of an increase in labor and material costs or other costs occurring after conclusion of the contract and to charge the Principal from the beginning of the month following the increase. The increases shall be deemed to have been accepted by the client from the outset, provided they do not amount to more than 10% per annum.

6.3 All invoices are payable in full within 20 days of receipt of the invoice by the client.

6.4 In the event of default in payment, the statutory default interest for business transactions (§ 1333 para. 2 ABGB) shall be charged.

7 Liability and warranty

7.1 The liability of rmDATA for any damages is limited to the amount of the subscription fees paid by the client for the relevant rmDATA program, including the purchase price. Any further liability is excluded.

7.2 Except in the event that rmDATA intentionally causes damage, rmDATA shall in no event be liable for loss of profit, indirect damage, loss of data, executability of third-party programs or devices and for damage in connection with delayed or improper execution of program changes.

7.3 rmDATA is not liable for products and programs that were not developed or produced by rmDATA (e.g. AutoCAD, etc.).

8 Duty to inspect and give notice of defects

8.1 The customer must inspect or test the delivered rmDATA programs for completeness and functionality of basic program functions within a maximum of four weeks after delivery. Any defects that are discovered in this process must be reported to the contractor
within two weeks, enclosing a detailed description of the defect by e-mail or letter.

8.2 Any hidden defects that could not be detected during the inspection in accordance with point 8.1 must be reported to the contractor by e-mail or letter within two weeks of their discovery, enclosing a detailed description of the defect.

8.3 In the event of a breach of the obligation to inspect and/or give notice of defects by the Principal, the rmDATA programs shall be deemed approved with regard to the defect in question.

9 Contract duration and termination

9.1 The subscription contract is concluded for the term agreed in the invoice.

9.2 In the case of subscription contracts for a period of one year ("annual subscriptions"), either party may give notice of termination by e-mail or letter no later than three months before the end of the subscription period, otherwise the subscription contract shall be automatically extended for a further year. In the case of shorter subscription contract terms, either party may give notice of termination by e-mail or letter no later than one month before the end of the subscription period.

9.3 At the end of the contract and in the event of default of payment, the client as licensee must verifiably delete all copies of the rmDATA programs covered by the contract and return all security devices (hardware locks, software locks) to rmDATA in a suitable form or deactivate them.

Status April 2024

1 General

1.1 The Contractor is rmDATA GmbH with its registered office at Merzbrück 212, 52146 Würselen, HRB 23511 - DE813025826, Aachen Local Court, hereinafter referred to as rmDATA.

1.2 The Client is the company/authority/public agency that concludes a subscription agreement for rmDATA standard products (hereinafter: rmDATA programs) in accordance with these Terms and Conditions.

1.3 The subject matter of the rmDATA Subscription Agreement (hereinafter: Subscription Agreement) is the granting of a non-transferable and non-exclusive right of use to the Customer for the rmDATA programs made available for download on the rmDATA Customer Portal, including documentation, for the duration of this Subscription Agreement. The present subscription agreement also includes the maintenance of the rmDATA programs supplied by rmDATA as licensor and listed in the invoice for the duration of this subscription agreement.

1.4 The conclusion of the subscription agreement requires that the rmDATA programs are operated on a device (hardware) intended for this purpose, which meets the requirements defined by rmDATA as licensor for the contractual rmDATA programs. An unsuitable device or use of the rmDATA programs with other software components that do not meet the rmDATA requirements can only be included in the present subscription agreement after a chargeable inspection, if necessary after a necessary revision of the software or hardware components.

1.5 The installation and commissioning of the contractual rmDATA programs on the Licensee's hardware and any training measures as well as the preparation and integration of geodata are excluded from this Subscription Agreement.

1.6 The subscription agreement does not include the sending of update products which were not developed by rmDATA as licensor and of programs which were specially produced for the customer. Support with the installation of updates or newly purchased programs or program parts on the licensee's hardware is also not covered by the subscription agreement.

2 Definitions

2.1 "Derived program" is a program that is developed by the client as an addition to the rmDATA programs and that contains components of the programs supplied by the contractor that can be identified as such. Programs or program parts that have been modified by the Principal shall also be deemed to be a "derived program".

2.2 "Error correction" is the correction of all program parts which lead to incorrect results or cause malfunctions when operated according to the instructions and which can be reproduced by rmDATA.

2.3 "Program maintenance" is explained in more detail in point 3 "Scope of services".

2.4 "New developments" are generally newly written programs or program parts which have been developed - in other programming languages - for a different database system - for a different operating system - for a different user interface and are identified by a version number increased by at least one.

2.5 "Updates" are new program versions that contain only bug fixes.

2.6 "Subscription period" covers the period offered from the time the subscription contract is concluded.

3 Scope of services

3.1 General
The subscription contract permits the use of one copy of the rmDATA programs simultaneously on a single computer, provided that the rmDATA programs are only used on a single computer at any one time ("single user license"). When using multiple licenses ("network licenses" or "usage packages"), only as many copies may be in use or users may work with them as the number of licenses purchased by the customer as licensee. The list of rmDATA programs as well as the license type and number of licenses are specified in the invoice.
The rmDATA programs, as well as all additional documents provided by rmDATA as licensor, may be reproduced for the purpose of the contractual use. The necessary acts of reproduction include the installation of the rmDATA programs from the original data carrier onto the hard disk of the customer as principal, the respective loading into the main memory of the customer's hardware and the creation of a backup copy.
All other rights to the rmDATA programs and documentation, including copies and subsequent additions, remain with rmDATA as licensor, in particular the copyright.
The passing on of rmDATA programs and security devices (hardware locks, software locks) or of documents created by rmDATA in this context or of copies of the rmDATA programs or the aforementioned documents to third parties may only take place with the written consent of rmDATA as licensor. The examination or analysis of the rmDATA programs by decompiling, disassembling or reverse engineering is - unless expressly permitted by law - not permitted.
The customer as licensee is not entitled to rent or lease the rmDATA program.
The components of the rmDATA programs may not be separated for use on more than one computer or server.
Maintenance of the rmDATA programs is carried out by making the new program versions available in the download area of the rmDATA customer portal, to which only clients with a valid subscription agreement are granted access authorization. The rmDATA programs made available from the customer portal by means of downloads can be imported into the client's system to be maintained. If required, the rmDATA programs can also be sent on a suitable data carrier.
For maintenance work that cannot be carried out by downloading or sending rmDATA programs, rmDATA reserves the right to decide whether a maintenance technician carries out the maintenance work on site (at the location of the client system) or whether the system is maintained via remote maintenance.

3.2 rmDATA customer portal
By integrating the customer portal into the rmDATA programs, relevant messages are displayed directly in the respective program: The availability of a new version, important notes or tips & tricks for using the program are such information. If required, clients can submit support requests directly in the rmDATA program, which reduces the effort required for a request and ultimately the time it takes to respond. Filtered by language and region, the portal offers a much better overview of which rmDATA programs are relevant for the client. In addition, clients have access to all sup-port requests, can view the status of processing and can also read up on older requests.

3.3 The subscription contract includes

• Telephone support requests during rmDATA support hours on working days applicable in Germany. Mon-Thu: 08:00 to 12:00 and 14:00 to 17:00 Fri: 08:00 to 12:00 and 14:00 to 15:30 (for organizational reasons, these times may be changed by rmDATA)
• Access to the rmDATA customer portal
• Correction of program errors as defined in point 2.
• Regular information about frequent customer inquiries regarding rmDATA programs and the corresponding solutions in the rmDATA customer portal at portal.rmdatagroup.com
• Tips and tricks for efficient use of the programs in the rmDATA customer portal
• Tips and tricks for minimizing damage in the event of operating errors.
• Free transfer of licenses for changed hardware or to other computers of the client.
• Notification of the meaning of error messages and error codes.

3.4 Special agreements

• The program maintenance only refers to the standard programs of rmDATA, but not to program parts or additional programs which have been specially produced for the client (see point 2.1).
• rmDATA is entitled to prescribe the form of error messages and inquiries during program use, or to request the documents and information required to rectify the errors that have occurred (bug report lists, problem data).
• Costs incurred by rmDATA through the processing of error reports and the processing of program improvements, which are demonstrably attributable to grossly negligent incorrect use of the program by the client or a third party commissioned by the client, shall be charged separately.
• The maintenance of multi-licenses is carried out exclusively by a central contact point or a central contact person at the client.
• On-site service can only be claimed if a solution by telephone or remote maintenance is not possible in rmDATA's judgment.

3.5 Reasons for exclusion - support/maintenance is excluded under the following conditions and cannot be claimed by the client:

• Manipulation of the rmDATA programs installed by rmDATA by the Principal or by third parties without rmDATA having been informed of this and having given its consent.
• Troubleshooting of program errors caused by faulty software or hardware components that were not supplied or installed by rmDATA.
• Maintenance work necessitated by force majeure (accident, water, fire, transportation, etc.) or hardware defects.
• Repair of malfunctions that are necessary due to the use of defective programs (e.g. virus-infected programs), unless these defective programs were supplied by rmDATA.

3.6 General conditions for data
rmDATA assumes no warranty for the correctness and completeness of the data used by the client. rmDATA shall not be liable for incorrect decisions or damages based on incorrect or false data of the client. As the licensee, the client is responsible for compliance with the license conditions of the data.

4 Obligations of the client

4.1 The Principal is obliged to prevent unauthorized access by third parties to the contractual rmDATA programs by taking suitable, state-of-the-art precautions. Original data carriers and any backup copies must be stored in a location secured against unauthorized access by third parties.

4.2 The responsibility for the installation and use of the rmDATA programs, for the results achieved with them and for the selection of data and software components necessary to achieve these results lies with the client. In particular, the Client is responsible for assessing the plausibility and accuracy of the results obtained with the rmDATA programs. Furthermore, the Client is responsible for the selection and use of other software, hardware and services in connection with the contractual rmDATA programs.

4.3 The Principal shall be liable for ensuring that all persons working in its business comply with the license terms set out in point 3. If one of these persons violates the contractual obligations, this behavior shall be attributed to the client.

4.4 The right to use the rmDATA programs shall expire in the event of default of payment.

4.5 If the security devices (hardware locks) installed by the Principal or the computer or server are lost, the Principal shall be obliged to immediately submit a report of loss or theft to the competent security authority and to immediately send a copy thereof to the Contractor.

4.5 The security equipment (hardware locks) shall be made available again by the Contractor against reimbursement of costs.

5 Obligations of the Contractor

5.1 The Contractor undertakes to supply the rmDATA programs in electronic form (download via the rmDATA customer portal) and the security devices (hardware locks, software locks) necessary for their use. Delivery of the rmDATA programs in the form of an installation routine on data carriers is subject to the consent of rmDATA and only at the express request of the customer.

6 Payment

6.1 The fixed usage fee is to be paid by the client in advance in accordance with the invoice. The services may only be used by the client once the invoices issued by rmDATA in this connection have been paid in full. This usage fee applies to the rmDATA programs listed in the invoice within the agreed subscription.

6.2 rmDATA shall be entitled to increase the flat rate accordingly in the event of an increase in labor and material costs or other costs occurring after conclusion of the contract and to charge the Principal from the beginning of the month following the increase. The increases shall be deemed to have been accepted by the client from the outset, provided they do not amount to more than 10% per annum.

6.3 All invoices are payable in full within 20 days of receipt of the invoice by the client.

6.4 In the event of default in payment, the statutory default interest for business transactions (§ 1333 para. 2 ABGB) shall be charged.

7 Liability and warranty

7.1 The liability of rmDATA for any damages is limited to the amount of the subscription fees paid by the client for the relevant rmDATA program, including the purchase price. Any further liability is excluded.

7.2 Except in the event that rmDATA intentionally causes damage, rmDATA shall in no event be liable for loss of profit, indirect damage, loss of data, executability of third-party programs or devices and for damage in connection with delayed or improper execution of program changes.

7.3 rmDATA is not liable for products and programs that were not developed or produced by rmDATA (e.g. AutoCAD, etc.).

8 Duty to inspect and give notice of defects

8.1 The customer must inspect or test the delivered rmDATA programs for completeness and functionality of basic program functions within a maximum of four weeks after delivery. Any defects that are discovered in the process must be reported to the contractor
within two weeks, enclosing a detailed description of the defect by e-mail or letter.

8.2 Any hidden defects that could not be detected during the inspection in accordance with point 8.1 must be reported to the contractor by e-mail or letter within two weeks of their discovery, enclosing a detailed description of the defect.

8.3 In the event of a breach of the obligation to inspect and/or give notice of defects by the Principal, the rmDATA programs shall be deemed approved with regard to the defect in question.

9 Contract duration and termination

9.1 The subscription contract is concluded for the term agreed in the invoice.

9.2 In the case of subscription contracts for a period of one year ("annual subscriptions"), either party may terminate the contract by e-mail or letter no later than three months before the end of the subscription period, otherwise the subscription contract shall be automatically extended for a further year. In the case of shorter subscription contract terms, either party may give notice of termination by e-mail or letter no later than one month before the end of the subscription period.

9.3 At the end of the contract and in the event of default of payment, the client as licensee must verifiably delete all copies of the rmDATA programs covered by the contract and return all security devices (hardware locks, software locks) to rmDATA in a suitable form or deactivate them.

Status April 2024

1 General

1.1 The Contractor is rmDATA AG with registered office at Täfernstrasse 26, 5405 Baden-Dättwil, company number: CHE-464.830.035, Commercial Register Office Canton Aargau, hereinafter referred to as rmDATA.

1.2 The client is the company/authority/public agency that concludes a subscription agreement for rmDATA standard products (hereinafter: rmDATA programs) in accordance with these contractual terms and conditions.

1.3 The subject matter of the rmDATA Subscription Agreement (hereinafter: Subscription Agreement) is the granting of a non-transferable and non-exclusive right of use to the Customer for the rmDATA programs made available for download on the rmDATA Customer Portal, including documentation, for the duration of this Subscription Agreement. The present subscription agreement also includes the maintenance of the rmDATA programs supplied by rmDATA as licensor and listed in the invoice for the duration of this subscription agreement.

1.4 The conclusion of the subscription agreement requires that the rmDATA programs are operated on a device (hardware) intended for this purpose, which meets the requirements defined by rmDATA as licensor for the contractual rmDATA programs. An unsuitable device or use of the rmDATA programs with other software components that do not meet the rmDATA requirements can only be included in the present subscription agreement after a chargeable inspection, if necessary after a necessary revision of the software or hardware components.

1.5 The installation and commissioning of the contractual rmDATA programs on the Licensee's hardware and any training measures as well as the preparation and integration of geodata are excluded from this Subscription Agreement.

1.6 The subscription agreement does not include the sending of update products which have not been developed by rmDATA as licensor and of programs which have been specially produced for the customer. Support with the installation of updates or newly purchased programs or program parts on the licensee's hardware is also not covered by the subscription agreement.

2 Definitions

2.1 "Derived program" is a program that is developed by the client as an addition to the rmDATA programs and that contains components of the programs supplied by the contractor that can be identified as such. Programs or program parts that have been modified by the Principal shall also be deemed to be a "derived program".

2.2 "Error correction" is the correction of all program parts which lead to incorrect results or cause malfunctions when operated according to the instructions and which can be reproduced by rmDATA.

2.3 "Program maintenance" is explained in more detail in point 3 "Scope of services".

2.4 "New developments" are generally newly written programs or program parts which have been developed - in other programming languages - for a different database system - for a different operating system - for a different user interface and are identified by a version number increased by at least one.

2.5 "Updates" are new program versions that only contain bug fixes.

2.6 "Subscription period" covers the period offered from the time the subscription contract is concluded.

3 Scope of services

3.1 General
The subscription contract permits the use of one copy of the rmDATA programs simultaneously on a single computer, provided that the rmDATA programs are only used on a single computer at any one time ("single user license"). When using multiple licenses ("network licenses" or "usage packages"), only as many copies may be in use or users may work with them as the number of licenses purchased by the customer as licensee. The list of rmDATA programs as well as the license type and number of licenses are specified in the invoice.
The rmDATA programs, as well as all additional documents provided by rmDATA as licensor, may be reproduced for the purpose of the contractual use. The necessary acts of reproduction include the installation of the rmDATA programs from the original data carrier onto the hard disk of the customer as principal, the respective loading into the main memory of the customer's hardware and the creation of a backup copy.
All other rights to the rmDATA programs and documentation, including copies and subsequent additions, remain with rmDATA as licensor, in particular the copyright.
The passing on of rmDATA programs and security devices (hardware locks, software locks) or of documents created by rmDATA in this context or of copies of the rmDATA programs or the aforementioned documents to third parties may only take place with the written consent of rmDATA as licensor. The examination or analysis of the rmDATA programs by decompiling, disassembling or reverse engineering is - unless expressly permitted by law - not permitted.
The customer as licensee is not entitled to rent or lease the rmDATA program.
The components of the rmDATA programs may not be separated for use on more than one computer or server.
Maintenance of the rmDATA programs is carried out by making the new program versions available in the download area of the rmDATA customer portal, to which only clients with a valid subscription agreement are granted access authorization. The rmDATA programs made available from the customer portal by means of downloads can be imported into the client's system to be maintained. If required, the rmDATA programs can also be sent on a suitable data carrier.
For maintenance work that cannot be carried out by downloading or sending rmDATA programs, rmDATA reserves the right to decide whether a maintenance technician carries out the maintenance work on site (at the location of the client system) or whether the system is maintained via remote maintenance.

3.2 rmDATA customer portal
By integrating the customer portal into the rmDATA programs, relevant messages are displayed directly in the respective program: The availability of a new version, important notes or tips & tricks for using the program are such information. If required, clients can submit support requests directly in the rmDATA program, which reduces the effort required for a request and ultimately the time it takes to respond. Filtered by language and region, the portal offers a much better overview of which rmDATA programs are relevant for the client. In addition, clients have access to all sup-port requests, can view the status of processing and can also read up on older requests.

3.3 The subscription contract includes

• Telephone support requests during rmDATA support hours on working days applicable in Switzerland. Mon-Thu: 08:00 to 12:00 and 14:00 to 17:00 Fri: 08:00 to 12:00 and 14:00 to 15:30 (for organizational reasons, these times may be changed by rmDATA)
• Access to the rmDATA customer portal
• Correction of program errors as defined in point 2.
• Regular information about frequent customer inquiries regarding rmDATA programs and the corresponding solutions in the rmDATA customer portal at portal.rmdatagroup.com
• Tips and tricks for efficient use of the programs in the rmDATA customer portal
• Tips and tricks for minimizing damage in the event of operating errors.
• Free transfer of licenses for changed hardware or to other computers of the client.
• Notification of the meaning of error messages and error codes.

3.4 Special agreements

• The program maintenance only refers to the standard programs of rmDATA, but not to program parts or additional programs which have been specially produced for the client (see point 2.1).
• rmDATA is entitled to prescribe the form of error messages and inquiries during program use, or to request the documents and information required to rectify the errors that have occurred (bug report lists, problem data).
• Costs incurred by rmDATA through the processing of error reports and the processing of program improvements, which are demonstrably attributable to grossly negligent incorrect use of the program by the client or a third party commissioned by the client, shall be charged separately.
• The maintenance of multi-licenses is carried out exclusively by a central contact point or by a central contact person at the client.
• On-site service can only be claimed if a solution by telephone or remote maintenance is not possible in rmDATA's judgment.

3.5 Reasons for exclusion - support/maintenance is excluded under the following conditions and cannot be claimed by the client:

• Manipulation of the rmDATA programs installed by rmDATA by the Principal or by third parties without rmDATA having been informed of this and having given its consent.
• Troubleshooting of program errors caused by faulty software or hardware components that were not supplied or installed by rmDATA.
• Maintenance work necessitated by force majeure (accident, water, fire, transportation, etc.) or hardware defects.
• Repair of malfunctions that are necessary due to the use of defective programs (e.g. virus-infected programs), unless these defective programs were supplied by rmDATA.

3.6 General conditions for data
rmDATA assumes no warranty for the correctness and completeness of the data used by the client. rmDATA shall not be liable for incorrect decisions or damages based on incorrect or false data of the client. As the licensee, the client is responsible for compliance with the license conditions of the data.

4 Obligations of the client

4.1 The Principal is obliged to prevent unauthorized access by third parties to the contractual rmDATA programs by taking suitable, state-of-the-art precautions. Original data carriers and any backup copies must be stored in a location secured against unauthorized access by third parties.

4.2 The responsibility for the installation and use of the rmDATA programs, for the results achieved with them and for the selection of data and software components necessary to achieve these results lies with the client. In particular, the Client is responsible for assessing the plausibility and accuracy of the results obtained with the rmDATA programs. Furthermore, the Client is responsible for the selection and use of other software, hardware and services in connection with the contractual rmDATA programs.

4.3 The Principal shall be liable for ensuring that all persons working in its business comply with the license terms set out in point 3. If one of these persons violates the contractual obligations, this behavior shall be attributed to the client.

4.4 The right to use the rmDATA programs shall expire in the event of default of payment.

4.5 If the security devices (hardware locks) installed by the Principal or the computer or server are lost, the Principal shall be obliged to immediately submit a report of loss or theft to the competent security authority and to immediately send a copy thereof to the Contractor.

4.5 The security equipment (hardware locks) shall be made available again by the Contractor against reimbursement of costs.

5 Obligations of the Contractor

5.1 The Contractor undertakes to supply the rmDATA programs in electronic form (download via the rmDATA customer portal) and the security devices (hardware locks, software locks) necessary for their use. Delivery of the rmDATA programs in the form of an installation routine on data carriers is subject to the consent of rmDATA and only at the express request of the customer.

6 Payment

6.1 The fixed usage fee is to be paid by the client in advance in accordance with the invoice. The services may only be used by the client once the invoices issued by rmDATA in this context have been paid in full. This usage fee applies to the rmDATA programs listed in the invoice within the agreed subscription.

6.2 rmDATA shall be entitled to increase the flat rate accordingly in the event of an increase in labor and material costs or other costs occurring after conclusion of the contract and to charge the Principal from the beginning of the month following the increase. The increases shall be deemed to have been accepted by the client from the outset, provided they do not amount to more than 10% per annum.

6.3 All invoices are payable in full within 20 days of receipt of the invoice by the client.

6.4 In the event of default in payment, the statutory default interest for business transactions (§ 1333 para. 2 ABGB) shall be charged.

7 Liability and warranty

7.1 The liability of rmDATA for any damages is limited to the amount of the subscription fees paid by the client for the relevant rmDATA program, including the purchase price. Any further liability is excluded.

7.2 Except in the event that rmDATA intentionally causes damage, rmDATA shall in no event be liable for loss of profit, indirect damage, loss of data, executability of third-party programs or devices and for damage in connection with delayed or improper execution of program changes.

7.3 rmDATA is not liable for products and programs that were not developed or produced by rmDATA (e.g. AutoCAD, etc.).

8 Duty to inspect and give notice of defects

8.1 The customer must inspect or test the delivered rmDATA programs for completeness and functionality of basic program functions within a maximum of four weeks after delivery. Any defects that are discovered in the process must be reported to the contractor
within two weeks, enclosing a detailed description of the defect by e-mail or letter.

8.2 Any hidden defects that could not be detected during the inspection in accordance with point 8.1 must be reported to the contractor by e-mail or letter within two weeks of their discovery, enclosing a detailed description of the defect.

8.3 In the event of a breach of the obligation to inspect and/or give notice of defects by the Principal, the rmDATA programs shall be deemed approved with regard to the defect in question.

9 Contract duration and termination

9.1 The subscription contract is concluded for the term agreed in the invoice.

9.2 In the case of subscription contracts for a period of one year ("annual subscriptions"), either party may terminate the contract by e-mail or letter no later than three months before the end of the subscription period, otherwise the subscription contract shall be automatically extended for a further year. In the case of shorter subscription contract terms, either party may give notice of termination by e-mail or letter no later than one month before the end of the subscription period.

9.3 At the end of the contract and in the event of default of payment, the client as licensee must verifiably delete all copies of the rmDATA programs covered by the contract and return all security devices (hardware locks, software locks) to rmDATA in a suitable form or deactivate them.

Status June 2025

1 General

1.1 The Contractor is rmDATA GmbH with registered office in 7423 Pinkafeld, Technologiezentrum Pinkafeld, Industriestraße 6, company register number FN 118565k, commercial register court: Handelsgericht Eisenstadt, hereinafter referred to as rmDATA.
1.2 The Client is the company/authority/public service that concludes a subscription agreement for rmDATA Software-as-a-Service applications (hereinafter: rmDATA SaaS application) in accordance with these Terms and Conditions.
1.3 The Contractor develops and distributes efficient software for geoinformatics. Among other things, it provides software via the Internet, which can be used via access software ("Software as a Service"). The client wishes to acquire a license to use the software via the Internet on a rental basis. Accordingly, the following terms and conditions govern the acquisition of the license and the scope of the permitted use.
1.4. The object of the rmDATA SaaS application is the use of the Contractor's software in accordance with the current product description and the order form as Software as a Service ("SaaS") or cloud offering.
1.5 The rmDATA SaaS application is operated by the Provider as a SaaS or cloud solution. The Client is enabled to use the software stored and running on the servers of the Contractor or a service provider commissioned by the Contractor via an Internet connection for its own purposes during the term of this contract and to store and process its data with its help.

2 Type and scope of the service

2.1 The contractor shall provide the client with the rmDATA SaaS application in the agreed version at the router exit of the data center in which the server with the rmDATA SaaS application is located ("transfer point") for use with a subscription contract. The rmDATA SaaS application, the computing power required for use and the required storage and data processing space are provided by the contractor. The Contractor is not responsible for establishing and maintaining the data connection between the Client's IT systems and the described transfer point.
2.2 The subject matter of the contract is

• the rental of the rmDATA SaaS application by the Contractor for use by the Client via the Internet. The contractual rmDATA SaaS application and the associated prices are defined in the offer.
• the provision of computing power and storage space by the contractor for the storage of data in accordance with the offer.

2.3 The establishment and maintenance of the data connection between the transfer point defined under 2.1 and the client's IT systems are not part of the service. The Principal bears sole responsibility for the functionality of its Internet access, including the transmission paths and its computers (required hardware and software).
2.4 The source code of the rmDATA SaaS application is also not part of the service.
2.5 The Contractor shall adapt the rmDATA SaaS application to market-relevant technical changes as necessary during the term of the contract. However, the Client has no claim to specific improvements.

3 Availability of the rmDATA SaaS application

3.1 The Contractor draws the Client's attention to the fact that restrictions or impairments to the services provided may arise that are beyond the Contractor's control. This includes, in particular, actions by third parties who are not acting on behalf of the Provider, technical conditions of the Internet that cannot be influenced by the Provider and force majeure. The hardware, software and technical infrastructure used by the Client may also have an influence on the Contractor's services.

Insofar as such circumstances have an influence on the availability or functionality of the service provided by the contractor, this has no effect on the contractual conformity of the services provided.
3.2 The client is obliged to notify the client immediately and as precisely as possible of functional failures, malfunctions or impairments of the rmDATA SaaS application in accordance with the agreements in the order form.

4 Rights to data processing and data backup

4.1 The Contractor shall comply with the statutory data protection provisions.
4.2 The Client grants the Contractor the right to reproduce the data to be stored by the Contractor for the Client for the purposes of performing the contract, insofar as this is necessary for the provision of the services owed under this contract. The Contractor shall also be entitled to store the data in a failure system or separate failure data center. The Contractor shall also be entitled to make changes to the structure of the data or the data format in order to rectify faults.
4.3 The Contractor shall regularly back up the Client's data on the server for which the Contractor is responsible to an external backup server. The Client may extract this data at any time for backup purposes, insofar as this is technically possible, and is obliged to do so at regular, customary intervals. If this is not possible, the Contractor shall make the data available to the Client as a backup once a month.
4.4 If and to the extent that the Client processes or has personal data processed on IT systems for which the Contractor is technically responsible, an order data processing agreement must be concluded.

5 Support

5.1 A support case exists if the rmDATA SaaS application does not fulfill the contractual functions in accordance with the product description. The type and nature of the error message depends on the order form, as does the scope of the support services.
5.2 If the Client reports a support case, it must provide as detailed a description as possible of the respective malfunction in order to enable the most efficient troubleshooting possible.
5.3 The parties may enter into a separate agreement on the provision of support, maintenance and care services.
5.4 Telephone support requests during rmDATA support hours on working days in Austria. Mon-Thu: 08:00 to 12:00 and 14:00 to 17:00 Fri: 08:00 to 12:00 and 14:00 to 15:30 (for organizational reasons, these times may be changed by rmDATA).

6 Payment

6.1 The fixed usage fee shall be paid by the client either in advance or afterwards, depending on the payment method specified in the offer, in another agreement or in the rmDATA customer portal. Invoicing shall take place in accordance with this agreement. The use of the contractually owed services by the client is only permitted within the framework of the agreed payment method. The usage fee relates to the rmDATA SaaS applications specified in the offer, in another agreement or in the rmDATA customer portal within the scope of the agreed subscription.

6.2 If the Client acquires additional software components, the flat rate shall increase accordingly from the month of activation in the rmDATA customer portal. The adjustment is made automatically and does not require a separate notification. These additional components shall be invoiced in accordance with the payment method specified in the offer, in another agreement or in the rmDATA customer portal, i.e. either in advance or retrospectively.
6.3 rmDATA shall be entitled to increase the flat-rate cost rate accordingly in the event of an increase in wage and material costs or other costs occurring after conclusion of the contract and to charge the Client from the beginning of the month following the increase. The increases shall be deemed to have been accepted by the Client from the outset, provided they do not exceed 10% annually.
6.4 All invoices are payable without deduction within 20 days of receipt of the invoice by the client.
6.5 In the event of default of payment, the statutory default interest for business transactions (§ 1333 para. 2 ABGB) shall be charged.
6.6 If the Principal delays payment of a due usage fee by more than four weeks, the Contractor shall be entitled to block access to the rmDATA SaaS application after prior reminder with setting of a deadline and expiry of the deadline.
6.7 The Contractor's claim to payment of the usage fee shall remain unaffected by the blocking. Access to the rmDATA SaaS application will be reactivated immediately after payment of the arrears. The right to block access also exists as a milder means if the contractor has a right to extraordinary termination.

7 Client's duty to cooperate

7.1 As a technical service provider, the Contractor stores content and data for the Client, which the Client enters and stores when using the rmDATA SaaS application and makes available for retrieval. The Client shall support the Contractor to a reasonable extent in the provision of the contractual services.
7.2 The Client shall be responsible for the proper and regular backup of its data. This also applies to documents provided to the Contractor in the course of contract processing.
7.3 For the use of the rmDATA SaaS application, the system requirements resulting from the product description or the order sheet must be fulfilled by the Principal. The Principal is responsible for this.
7.4 The Principal must keep the access data provided to it secret and ensure that any employees who are provided with access data do the same. The Contractor's service may not be made available to third parties unless this has been expressly agreed by the parties.
7.5 The Client undertakes vis-à-vis the Contractor not to post any content or data that is punishable by law or otherwise illegal in absolute terms or in relation to individual third parties and not to use any programs containing viruses or other malware in connection with the rmDATA SaaS application. The client remains the responsible party with regard to personal data and must therefore always check whether the processing of such data via the use of the software is covered by the relevant permissions.

7.6 The Client is solely responsible for all content and processed data used by it as well as any legal positions required for this. The Contractor shall not take note of the Client's content and shall not check the content used by the Client with the software.
7.7 In this context, the Client undertakes to indemnify the Contractor against any liability and any costs, including possible and actual costs of legal proceedings, if claims are asserted against the Contractor by third parties, including by employees of the Contractor personally, as a result of alleged acts or omissions of the Client. The Contractor shall inform the Client of the claim and, insofar as this is legally possible, give the Client the opportunity to defend itself against the asserted claim. At the same time, the Client shall immediately provide the Contractor with all available information about the facts that are the subject of the claim.
7.8 Any further claims for damages on the part of the Contractor shall remain unaffected.

8 Confidentiality

8.1 The parties are obliged to keep permanently confidential, not to disclose to third parties, record or otherwise exploit any information about the other party which has become known or becomes known to them in connection with this contract and which is marked as confidential or is otherwise recognizable as business and trade secrets (hereinafter referred to as "confidential information"), unless the other party has expressly consented to the disclosure or use in writing or the information must be disclosed by law, court order or administrative decision.
8.2 The information is not confidential information within the meaning of this clause if it

• was previously known to the other party without the information being subject to an obligation of confidentiality,
• is generally known or becomes known without breach of the confidentiality obligations assumed,
• is disclosed to the other party by a third party without breach of a confidentiality obligation.

8.3 The obligations under this clause 8 shall survive the end of this Agreement.

9 Liability and warranty

9.1 The liability of rmDATA for any damages arising from the use of the rmDATA SaaS application is limited to the amount of the subscription fees paid by the client, including the purchase price. Any further liability is excluded.
9.2 Except in the event that rmDATA intentionally causes damage, rmDATA shall not be liable for loss of profit, indirect damage, loss of data, executability of third-party programs or devices and for damage in connection with delayed or improper execution of program changes.
9.3 rmDATA is not liable for products and programs that were not developed or produced by rmDATA (e.g. AutoCAD, etc.) and are used by the Client in connection with the rmDATA SaaS application.

10 Contract term

10.1 The contract term is based on the offer and is concluded for a period of one year.
10.2 Both parties reserve the right to extraordinary termination for good cause if the legal requirements are met. Good cause for the Contractor shall be deemed to exist in particular if the Client is more than two months in arrears with the payment of a due usage fee despite a reminder. If the Client is responsible for the reason for termination, the Client shall be obliged to pay the agreed usage fee to the Contractor by the earliest date on which the contract would end in the event of ordinary termination.
10.3 Declarations of termination must be made in writing to be effective.
10.4 After termination of the contract, the Contractor shall return to the Client all documents and data carriers provided by the Client and still in the Contractor's possession that are related to this contract and shall delete the data stored by the Contractor, provided that no retention obligations or rights exist.

11 Service upon termination

11.1 At the Client's request, the Contractor shall support the Client in exporting and backing up the Client's data upon termination of the contract, as far as possible, for a fee to be agreed separately.
11.2 In the event of termination of the contract, the Contractor shall endeavor to support the Client as best as possible in switching to another service provider upon request for a fee. The parties shall agree on details in a separate migration agreement.

Status June 2025

1 General

1.1 The Contractor is rmDATA GmbH with registered office in 52146 Würselen, Merzbrück 212, Commercial Register: HRB 23511, Aachen Local Court, hereinafter referred to as rmDATA.
1.2 The Client is the company/authority/public service that concludes a subscription agreement for rmDATA Software-as-a-Service applications (hereinafter: rmDATA SaaS application) in accordance with these contractual terms and conditions.
1.3 The Contractor develops and distributes efficient software for geoinformatics. Among other things, it provides software via the Internet, which can be used via access software ("Software as a Service"). The client wishes to acquire a license to use the software via the Internet on a rental basis. Accordingly, the following terms and conditions govern the acquisition of the license and the scope of the permitted use.
1.4. The object of the rmDATA SaaS application is the use of the Contractor's software in accordance with the current product description and the order form as Software as a Service ("SaaS") or cloud offering.
1.5 The rmDATA SaaS application is operated by the Provider as a SaaS or cloud solution. The Client is enabled to use the software stored and running on the servers of the Contractor or a service provider commissioned by the Contractor via an Internet connection for its own purposes during the term of this contract and to store and process its data with its help.

2 Type and scope of the service

2.1 The contractor shall provide the client with the rmDATA SaaS application in the agreed version at the router exit of the data center in which the server with the rmDATA SaaS application is located ("transfer point") for use with a subscription contract. The rmDATA SaaS application, the computing power required for use and the required storage and data processing space are provided by the contractor. The Contractor is not responsible for establishing and maintaining the data connection between the Client's IT systems and the described transfer point.
2.2 The subject matter of the contract is

• the rental of the rmDATA SaaS application by the Contractor for use by the Client via the Internet. The contractual rmDATA SaaS application and the associated prices are defined in the offer.
• the provision of computing power and storage space by the contractor for the storage of data in accordance with the offer.

2.3 The establishment and maintenance of the data connection between the transfer point defined under 2.1 and the client's IT systems are not part of the service. The Principal bears sole responsibility for the functionality of its Internet access, including the transmission paths and its computers (required hardware and software).
2.4 The source code of the rmDATA SaaS application is also not part of the service.
2.5 The Contractor shall adapt the rmDATA SaaS application to market-relevant technical changes as necessary during the term of the contract. However, the Client has no claim to specific improvements.

3 Availability of the rmDATA SaaS application

3.1 The Contractor draws the Client's attention to the fact that restrictions or impairments to the services provided may arise which are beyond the Contractor's control. This includes, in particular, actions by third parties who are not acting on behalf of the Provider, technical conditions of the Internet that cannot be influenced by the Provider and force majeure. The hardware, software and technical infrastructure used by the Client may also have an influence on the Contractor's services.

Insofar as such circumstances have an influence on the availability or functionality of the service provided by the contractor, this has no effect on the contractual conformity of the services provided.
3.2 The client is obliged to notify the client immediately and as precisely as possible of functional failures, malfunctions or impairments of the rmDATA SaaS application in accordance with the agreements in the order form.

4 Rights to data processing and data backup

4.1 The Contractor shall comply with the statutory data protection provisions.
4.2 The Client grants the Contractor the right to reproduce the data to be stored by the Contractor for the Client for the purposes of performing the contract, insofar as this is necessary for the provision of the services owed under this contract. The Contractor shall also be entitled to store the data in a failure system or separate failure data center. The Contractor shall also be entitled to make changes to the structure of the data or the data format in order to rectify faults.
4.3 The Contractor shall regularly back up the Client's data on the server for which the Contractor is responsible to an external backup server. The Client may extract this data at any time for backup purposes, insofar as this is technically possible, and is obliged to do so at regular, customary intervals. If this is not possible, the Contractor shall make the data available to the Client as a backup once a month.
4.4 If and to the extent that the Client processes or has personal data processed on IT systems for which the Contractor is technically responsible, an order data processing agreement must be concluded.

5 Support

5.1 A support case exists if the rmDATA SaaS application does not fulfill the contractual functions in accordance with the product description. The type and nature of the error message depends on the order form, as does the scope of the support services.
5.2 If the Client reports a support case, it must provide as detailed a description as possible of the respective malfunction in order to enable the most efficient troubleshooting possible.
5.3 The parties may enter into a separate agreement on the provision of support, maintenance and care services.
5.4 Telephone support requests during rmDATA support hours on working days in Austria. Mon-Thu: 08:00 to 12:00 and 14:00 to 17:00 Fri: 08:00 to 12:00 and 14:00 to 15:30 (for organizational reasons, these times may be changed by rmDATA).

6 Payment

6.1 The fixed usage fee shall be paid by the client either in advance or afterwards, depending on the payment method specified in the offer, in another agreement or in the rmDATA customer portal. Invoicing shall take place in accordance with this agreement. The use of the contractually owed services by the client is only permitted within the framework of the agreed payment method. The usage fee relates to the rmDATA SaaS applications specified in the offer, in another agreement or in the rmDATA customer portal within the scope of the agreed subscription.

6.2 If the Client acquires additional software components, the flat rate shall increase accordingly from the month of activation in the rmDATA customer portal. The adjustment is made automatically and does not require a separate notification. These additional components shall be invoiced in accordance with the payment method specified in the offer, in another agreement or in the rmDATA customer portal, i.e. either in advance or retrospectively.
6.3 rmDATA shall be entitled to increase the flat-rate cost rate accordingly in the event of an increase in wage and material costs or other costs occurring after conclusion of the contract and to charge the Client from the beginning of the month following the increase. The increases shall be deemed to have been accepted by the Client from the outset, provided they do not exceed 10% annually.
6.4 All invoices are payable without deduction within 20 days of receipt of the invoice by the client.
6.5 In the event of default of payment, the statutory default interest for business transactions (§ 1333 para. 2 ABGB) shall be charged.
6.6 If the Principal delays payment of a due usage fee by more than four weeks, the Contractor shall be entitled to block access to the rmDATA SaaS application after prior reminder with setting of a deadline and expiry of the deadline.
6.7 The Contractor's claim to payment of the usage fee shall remain unaffected by the blocking. Access to the rmDATA SaaS application will be reactivated immediately after payment of the arrears. The right to block access also exists as a milder means if the contractor has a right to extraordinary termination.

7 Client's duty to cooperate

7.1 As a technical service provider, the Contractor stores content and data for the Client, which the Client enters and stores when using the rmDATA SaaS application and makes available for retrieval. The Client shall support the Contractor to a reasonable extent in the provision of the contractual services.
7.2 The Client shall be responsible for the proper and regular backup of its data. This also applies to documents provided to the Contractor in the course of contract processing.
7.3 For the use of the rmDATA SaaS application, the system requirements resulting from the product description or the order sheet must be fulfilled by the Principal. The Principal is responsible for this.
7.4 The Principal must keep the access data provided to it secret and ensure that any employees who are provided with access data do the same. The Contractor's service may not be made available to third parties unless this has been expressly agreed by the parties.
7.5 The Client undertakes vis-à-vis the Contractor not to post any content or data that is punishable by law or otherwise illegal in absolute terms or in relation to individual third parties and not to use any programs containing viruses or other malware in connection with the rmDATA SaaS application. The client remains the responsible party with regard to personal data and must therefore always check whether the processing of such data via the use of the software is covered by the relevant permissions.

7.6 The Client is solely responsible for all content and processed data used by it as well as any legal positions required for this. The Contractor shall not take note of the Client's content and shall not check the content used by the Client with the software.
7.7 In this context, the Client undertakes to indemnify the Contractor against any liability and any costs, including possible and actual costs of legal proceedings, if claims are asserted against the Contractor by third parties, including by employees of the Contractor personally, as a result of alleged acts or omissions of the Client. The Contractor shall inform the Client of the claim and, insofar as this is legally possible, give the Client the opportunity to defend itself against the asserted claim. At the same time, the Client shall immediately provide the Contractor with all available information about the facts that are the subject of the claim.
7.8 Any further claims for damages on the part of the Contractor shall remain unaffected.

8 Confidentiality

8.1 The parties are obliged to keep permanently confidential, not to disclose to third parties, record or otherwise exploit any information about the other party which has become known or becomes known to them in connection with this contract and which is marked as confidential or is otherwise recognizable as business and trade secrets (hereinafter referred to as "confidential information"), unless the other party has expressly consented to the disclosure or use in writing or the information must be disclosed by law, court order or administrative decision.
8.2 The information is not confidential information within the meaning of this clause if it

• was previously known to the other party without the information being subject to an obligation of confidentiality,
• is generally known or becomes known without breach of the confidentiality obligations assumed,
• is disclosed to the other party by a third party without breach of a confidentiality obligation.

8.3 The obligations under this clause 8 shall survive the end of this Agreement.

9 Liability and warranty

9.1 The liability of rmDATA for any damages arising from the use of the rmDATA SaaS application is limited to the amount of the subscription fees paid by the client, including the purchase price. Any further liability is excluded.
9.2 Except in the event that rmDATA intentionally causes damage, rmDATA shall not be liable for loss of profit, indirect damage, loss of data, executability of third-party programs or devices and for damage in connection with delayed or improper execution of program changes.
9.3 rmDATA is not liable for products and programs that were not developed or produced by rmDATA (e.g. AutoCAD, etc.) and are used by the Client in connection with the rmDATA SaaS application.

10 Contract term

10.1 The contract term is based on the offer and is concluded for a period of one year.
10.2 Both parties reserve the right to extraordinary termination for good cause if the legal requirements are met. Good cause for the Contractor shall be deemed to exist in particular if the Client is more than two months in arrears with the payment of a due usage fee despite a reminder. If the Client is responsible for the reason for termination, the Client shall be obliged to pay the agreed usage fee to the Contractor by the earliest date on which the contract would end in the event of ordinary termination.
10.3 Declarations of termination must be made in writing to be effective.
10.4 After termination of the contract, the Contractor shall return to the Client all documents and data carriers provided by the Client and still in the Contractor's possession that are related to this contract and shall delete the data stored by the Contractor, provided that no retention obligations or rights exist.

11 Service upon termination

11.1 At the Client's request, the Contractor shall support the Client in exporting and backing up the Client's data upon termination of the contract, as far as possible, for a fee to be agreed separately.
11.2 In the event of termination of the contract, the Contractor shall endeavor to support the Client as best as possible in switching to another service provider upon request for a fee. The parties shall agree on details in a separate migration agreement.

Status June 2025

1 General

1.1 The Contractor is rmDATA AG with registered office in 5405 Baden-Dättwil, Täfernstrasse 26, company number CHE-464.830.035, Commercial Register Canton Aargau, hereinafter referred to as rmDATA.
1.2 The client is the company/authority/public service that concludes a subscription agreement for rmDATA Software-as-a-Service applications (hereinafter: rmDATA SaaS application) in accordance with these contractual terms and conditions.
1.3 The contractor develops and distributes efficient software for geoinformatics. Among other things, it provides software via the Internet, which can be used via access software ("Software as a Service"). The client wishes to acquire a license to use the software via the Internet on a rental basis. Accordingly, the following terms and conditions govern the acquisition of the license and the scope of the permitted use.
1.4. The object of the rmDATA SaaS application is the use of the Contractor's software in accordance with the current product description and the order form as Software as a Service ("SaaS") or cloud offering.
1.5 The rmDATA SaaS application is operated by the Provider as a SaaS or cloud solution. The Client is enabled to use the software stored and running on the servers of the Contractor or a service provider commissioned by the Contractor via an Internet connection for its own purposes during the term of this contract and to store and process its data with its help.

2 Type and scope of the service

2.1 The contractor shall provide the client with the rmDATA SaaS application in the agreed version at the router exit of the data center in which the server with the rmDATA SaaS application is located ("transfer point") for use with a subscription contract. The rmDATA SaaS application, the computing power required for use and the required storage and data processing space are provided by the contractor. The Contractor is not responsible for establishing and maintaining the data connection between the Client's IT systems and the described transfer point.
2.2 The subject matter of the contract is

• the rental of the rmDATA SaaS application by the Contractor for use by the Client via the Internet. The contractual rmDATA SaaS application and the associated prices are defined in the offer.
• the provision of computing power and storage space by the contractor for the storage of data in accordance with the offer.

2.3 The establishment and maintenance of the data connection between the transfer point defined under 2.1 and the client's IT systems are not part of the service. The Principal bears sole responsibility for the functionality of its Internet access, including the transmission paths and its computers (required hardware and software).
2.4 The source code of the rmDATA SaaS application is also not part of the service.
2.5 The Contractor shall adapt the rmDATA SaaS application to market-relevant technical changes as necessary during the term of the contract. However, the Client has no claim to specific improvements.

3 Availability of the rmDATA SaaS application

3.1 The Contractor draws the Client's attention to the fact that restrictions or impairments to the services provided may arise which are beyond the Contractor's control. This includes, in particular, actions by third parties who are not acting on behalf of the Provider, technical conditions of the Internet that cannot be influenced by the Provider and force majeure. The hardware, software and technical infrastructure used by the Client may also have an influence on the Contractor's services.

Insofar as such circumstances have an influence on the availability or functionality of the service provided by the contractor, this has no effect on the contractual conformity of the services provided.
3.2 The client is obliged to notify the client immediately and as precisely as possible of functional failures, malfunctions or impairments of the rmDATA SaaS application in accordance with the agreements in the order form.

4 Rights to data processing and data backup

4.1 The Contractor shall comply with the statutory data protection provisions.
4.2 The Client grants the Contractor the right to reproduce the data to be stored by the Contractor for the Client for the purposes of performing the contract, insofar as this is necessary for the provision of the services owed under this contract. The Contractor shall also be entitled to store the data in a failure system or separate failure data center. The Contractor shall also be entitled to make changes to the structure of the data or the data format in order to rectify faults.
4.3 The Contractor shall regularly back up the Client's data on the server for which the Contractor is responsible to an external backup server. The Client may extract this data at any time for backup purposes, insofar as this is technically possible, and is obliged to do so at regular, customary intervals. If this is not possible, the Contractor shall make the data available to the Client as a backup once a month.
4.4 If and to the extent that the Client processes or has personal data processed on IT systems for which the Contractor is technically responsible, an order data processing agreement must be concluded.

5 Support

5.1 A support case exists if the rmDATA SaaS application does not fulfill the contractual functions in accordance with the product description. The type and nature of the error message depends on the order form, as does the scope of the support services.
5.2 If the Client reports a support case, it must provide as detailed a description as possible of the respective malfunction in order to enable the most efficient troubleshooting possible.
5.3 The parties may enter into a separate agreement on the provision of support, maintenance and care services.
5.4 Telephone support requests during rmDATA support hours on working days in Austria. Mon-Thu: 08:00 to 12:00 and 14:00 to 17:00 Fri: 08:00 to 12:00 and 14:00 to 15:30 (for organizational reasons, these times may be changed by rmDATA).

6 Payment

6.1 The fixed usage fee shall be paid by the client either in advance or afterwards, depending on the payment method specified in the offer, in another agreement or in the rmDATA customer portal. Invoicing shall take place in accordance with this agreement. The use of the contractually owed services by the client is only permitted within the framework of the agreed payment method. The usage fee relates to the rmDATA SaaS applications specified in the offer, in another agreement or in the rmDATA customer portal within the scope of the agreed subscription.

6.2 If the Client acquires additional software components, the flat rate shall increase accordingly from the month of activation in the rmDATA customer portal. The adjustment is made automatically and does not require a separate notification. These additional components shall be invoiced in accordance with the payment method specified in the offer, in another agreement or in the rmDATA customer portal, i.e. either in advance or retrospectively.
6.3 rmDATA shall be entitled to increase the flat-rate cost rate accordingly in the event of an increase in wage and material costs or other costs occurring after conclusion of the contract and to charge the Client from the beginning of the month following the increase. The increases shall be deemed to have been accepted by the Client from the outset, provided they do not exceed 10% annually.
6.4 All invoices are payable without deduction within 20 days of receipt of the invoice by the client.
6.5 In the event of default of payment, the statutory default interest for business transactions (§ 1333 para. 2 ABGB) shall be charged.
6.6 If the Principal delays payment of a due usage fee by more than four weeks, the Contractor shall be entitled to block access to the rmDATA SaaS application after prior reminder with setting of a deadline and expiry of the deadline.
6.7 The Contractor's claim to payment of the usage fee shall remain unaffected by the blocking. Access to the rmDATA SaaS application will be reactivated immediately after payment of the arrears. The right to block access also exists as a milder means if the contractor has a right to extraordinary termination.

7 Obligation of the Client to cooperate

7.1 As a technical service provider, the Contractor stores content and data for the Client, which the Client enters and stores when using the rmDATA SaaS application and makes available for retrieval. The Client shall support the Contractor to a reasonable extent in the provision of the contractual services.
7.2 The Client is responsible for the proper and regular backup of its data. This also applies to documents provided to the Contractor in the course of contract processing.
7.3 For the use of the rmDATA SaaS application, the system requirements resulting from the product description or the order sheet must be fulfilled by the Principal. The Principal is responsible for this.
7.4 The Principal must keep the access data provided to it secret and ensure that any employees who are provided with access data do the same. The Contractor's service may not be made available to third parties unless this has been expressly agreed by the parties.
7.5 The Client undertakes vis-à-vis the Contractor not to post any content or data that is punishable by law or otherwise illegal in absolute terms or in relation to individual third parties and not to use any programs containing viruses or other malware in connection with the rmDATA SaaS application. The client remains the responsible party with regard to personal data and must therefore always check whether the processing of such data via the use of the software is covered by the relevant permissions.

7.6 The Client is solely responsible for all content and processed data used by it as well as any legal positions required for this. The Contractor shall not take note of the Client's content and shall not check the content used by the Client with the software.
7.7 In this context, the Client undertakes to indemnify the Contractor against any liability and any costs, including possible and actual costs of legal proceedings, if claims are asserted against the Contractor by third parties, including by employees of the Contractor personally, as a result of alleged acts or omissions of the Client. The Contractor shall inform the Client of the claim and, insofar as this is legally possible, give the Client the opportunity to defend itself against the asserted claim. At the same time, the Client shall immediately provide the Contractor with all available information about the facts that are the subject of the claim.
7.8 Any further claims for damages on the part of the Contractor shall remain unaffected.

8 Confidentiality

8.1 The parties are obliged to keep permanently confidential, not to disclose to third parties, record or otherwise exploit any information about the other party which has become known or becomes known to them in connection with this contract and which is marked as confidential or is otherwise recognizable as business and trade secrets (hereinafter referred to as "confidential information"), unless the other party has expressly consented to the disclosure or use in writing or the information must be disclosed by law, court order or administrative decision.
8.2 The information is not confidential information within the meaning of this clause if it

• was previously known to the other party without the information being subject to an obligation of confidentiality,
• is generally known or becomes known without breach of the confidentiality obligations assumed,
• is disclosed to the other party by a third party without breach of a confidentiality obligation.

8.3 The obligations under this clause 8 shall survive the end of this Agreement.

9 Liability and warranty

9.1 The liability of rmDATA for any damages arising from the use of the rmDATA SaaS application is limited to the amount of the subscription fees paid by the client, including the purchase price. Any further liability is excluded.
9.2 Except in the event that rmDATA intentionally causes damage, rmDATA shall not be liable for loss of profit, indirect damage, loss of data, executability of third-party programs or devices and for damage in connection with delayed or improper execution of program changes.
9.3 rmDATA is not liable for products and programs that were not developed or produced by rmDATA (e.g. AutoCAD, etc.) and are used by the Client in connection with the rmDATA SaaS application.

10 Contract term

10.1 The contract term is based on the offer and is concluded for a period of one year.
10.2 Both parties reserve the right to extraordinary termination for good cause if the legal requirements are met. Good cause for the Contractor shall be deemed to exist in particular if the Client is more than two months in arrears with the payment of a due usage fee despite a reminder. If the client is responsible for the reason for termination, the client is obliged to pay the agreed usage fee to the contractor by the earliest date on which the contract would end in the event of ordinary termination.
10.3 Declarations of termination must be made in writing to be effective.
10.4 After termination of the contract, the Contractor shall return to the Client all documents and data carriers provided by the Client and still in the Contractor's possession that are related to this contract, and shall delete the data stored by the Contractor, provided that no retention obligations or rights exist.

11 Service upon termination

11.1 At the Client's request, the Contractor shall support the Client in exporting and backing up the Client's data upon termination of the contract, as far as possible, for a fee to be agreed separately.
11.2 In the event of termination of the contract, the Contractor shall endeavor to support the Client as best as possible in switching to another service provider upon request for a fee. The parties shall agree on details in a separate migration agreement.

Status: April 2024

The rmDATA Customer Portal provides you ("Service User") with a platform for downloading new program versions, managing users, licenses and support requests as well as an information platform for product-related news.

1. access data for the rmDATA customer portal

• The service user is obliged to prevent unauthorized access to the rmDATA customer portal by third parties. This means that the disclosure and publication of admin access data etc. is not permitted.
• If the Service User loses the access data for his administrator access (user name and password), the Service User is obliged to change the password immediately and inform the Service Provider.

2. data of the Service User

The following applies to data managed by the Service User in the rmDATA customer portal:

• Access to the data is the sole responsibility of the Service User. The Service User receives an account with access data for managing the data in their online area. The service user determines which user may see which data.
• The task of backing up data is the sole responsibility of the Service User.
• The Service User is solely responsible for compliance with the license rights of all data used. The Service User shall fully indemnify and hold the Service Provider harmless in the event of any breaches of license rights to data and any resulting claims or penalties.
• The Service User is responsible for compliance with the GDPR (General Data Protection Regulation) from the perspective of the managed data. From an operational perspective, the service provider guarantees the necessary requirements for GDPR-compliant handling (encryption of transmission, authorization systems, etc...).
• At the request of the service user, the service provider concludes an order processing agreement in accordance with the GDPR.

3. support

The Service User is entitled to make use of support exclusively for rmDATA products. Support includes the following:

• Support requests via the rmDATA customer portal. Processing takes place during the support times of the Service Provider on working days in Austria: Monday to Thursday: 8:00 to 12:00 and 14:00 to 17:00 Friday: 8:00 to 12:00 and 14:00 to 15:30 (for organizational reasons, these times may be changed by the Service Provider).
• Support can only be used by the Service User and not by the Service User's end customers.
• The Service Provider is entitled to prescribe the form of error messages and queries when using the program and to request the documents and information required to rectify the errors that have occurred (bug report lists, problem data).
• On-site service must be ordered and paid for separately.

4. communication

Communication between the service provider and the service user takes place exclusively via a central contact person of the service user.

5 Liability

The Service User is liable for ensuring that all persons working in his company (in particular those who make configuration changes via the administration interface) comply with these Terms of Use. If one of these persons violates the obligations, this behavior shall be attributed to the Service User.

6. data security in the rmDATA customer portal

• The Service Provider shall take suitable, state-of-the-art precautions to ensure that the Service User's data in the rmDATA Customer Portal is not lost and cannot be manipulated or misused by third parties.
• The service provider has a service/admin account for the operation and maintenance of the rmDATA customer portal. The service provider can use this to view the client (including data and users) of the service user. This is used for support and maintenance purposes, among other things.
• The service provider is authorized to log the number of accesses and support hours, among other things. This data cannot be assigned to specific persons. This data is not merged with other data sources.
• The service provider is not permitted to use the service user's data (unless technically necessary for operation).

Services of rmDATA

Status: November 2022

1. rmDATA provides the user with a software product for training purposes ("training license") for the agreed training period.
2. A training license is a software product provided for a limited period of time and exclusively for training purposes. This is a "not-for-resale" license, which is not intended for resale and serves exclusively as a training license.
3. The training license of the software product is used by the user exclusively within the scope of training for his own use.
4. rmDATA provides the user with the training license (software, documentation, license key) during the training.
5. For the training license, rmDATA shall provide telephone and e-mail support for the user's queries during the support hours applicable at the regionally responsible company location.
6. The training license is valid for 30 days after registration. After sending (upload in the rmDATA customer portal) a valid training confirmation from the training institution, the training license is extended to 1 year. A new and current training confirmation is required for a further extension.

Obligations of the user to cooperate

• The user shall ensure that the necessary contact details (name, training institution, e-mail address, telephone number) are provided truthfully.
• The training license provided shall be used by the user exclusively for training purposes.

Prices

The training license is provided free of charge for the agreed period.

Term

• The terms of use for training licenses come into force as soon as they have been accepted by the user "online" and end when the training license expires.
• The user's right to use the software product expires upon completion of the training. All deliveries from rmDATA, the installed software and any backup copies created must be deleted by the user after the training.

Confidentiality and rights

1. rmDATA and the user of the training license undertake to maintain secrecy about all confidential data, processes and procedures that come to their knowledge in the context of this training license and not to pass them on or exploit them in any other way.
2. Knowledge about the application and use of the software may not be made accessible to third parties without the consent of rmDATA.
3. The rights to the data entered by the user in the software product ("training license") shall remain with the user.

Final provisions

• These Terms of Use and the General Terms and Conditions of rmDATA(www.rmdatagroup.com/rechtliches) apply exclusively to the Training License.
• However, should the General Terms and Conditions deviate from or be incompatible with these Terms of Use, these provisions shall take precedence.
  

Status: November 2022

Services provided by rmDATA

1. rmDATA provides the user with a software product for test purposes ("test license") for the agreed test period ("test phase").
2. A test license is a software product provided for a limited period of time and exclusively for test purposes. This is a "not-for-resale" license, which is not intended for resale and is used exclusively for test purposes.
3. The test license of the software product is used by the user exclusively to test its suitability for his own use.
4. rmDATA provides the user with the test license (software, documentation, license key) during the test phase.
5. For the test license, rmDATA shall provide telephone and e-mail support for the user's inquiries during the support hours applicable at the regionally responsible company location.
6. At the end of the trial period, the trial license can be converted to a commercially usable software product by acquiring the corresponding usage rights (purchase, subscription).

Obligations of the user to cooperate

• The user assures the truthful disclosure of the necessary contact data (name, company, e-mail address, telephone number).
• The test license provided shall be used by the user exclusively for test purposes.
• The user undertakes to provide information on the results of the test provision (functions, usability, performance, ...) upon request from rmDATA.

Prices

• The test license is provided free of charge for the agreed test period.

Term

• The terms of use for software testing come into force as soon as they have been accepted by the user "online" and end at the end of the test phase.
• The user's right to use the software product expires after the end of the test phase. All deliveries from rmDATA, the installed software and any backup copies created must be deleted by the user immediately after the test phase.

Confidentiality and rights

1. rmDATA and the user of the test license undertake to maintain secrecy about all confidential data, processes and procedures that come to their knowledge in the context of this test provision and not to pass them on or exploit them in any other way.
2. Knowledge about the application and use of the software may not be made accessible to third parties without the consent of rmDATA.
3. The rights to the data included by the user in the software product ("test license") shall remain with the user.

Final provisions

• These Terms of Use and the General Terms and Conditions of rmDATA(www.rmdatagroup.com/rechtliches) apply exclusively to the software trial.
• Should the General Terms and Conditions deviate from or be incompatible with these Terms of Use, these provisions shall take precedence.