cubus outperform EV Analytics trial version

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Test Agreement

  1. CUBUS grants the right to CUSTOMER to use the software cubus outperform EV Analytics free of charge for the test period of 30 days after installation.
    Within this period, CUSTOMER is able to test and scrutinize the software, in particular whether the software and its function match the requirements of CUSTOMER, prior to a potential purchase.
  2. CUSTOMER receives the software in the object code. CUSTOMER is granted the non-exclusive right to use the software and the user documentation during the test period for the purpose of internal testing and internal scrutiny. CUSTOMER is not allowed to make the software available to third parties, to sublicense the software to publicly display the software or make the software publicly available. Copies and reworks, in particular adaptations, as well as a recompilation are strictly forbidden; the obligatory rules of §§ 69d, 69e UrhG (German Copyright Law) remain unaffected.
    In case that the software contains modules of third manufacturers, the license terms of these manufacturers which will be made available by CUBUS to CUSTOMER upon request, might apply. In respect to these modules, CUSTOMER is only granted the contractually agreed rights of use, but does not obtain title. Contractual warranty claims or claims for damages can only be brought against CUBUS, not against these manufacturers.
  3. Warranty claims of CUSTOMER based on a defect of the software are excluded unless CUBUS fraudulently concealed the defect. CUBUS is liable for willful intent, gross negligence, for personal damages and according to the Product Liability Act; for the remainder, the liability of CUBUS is excluded.
  4. This test agreement terminates at the end of the test period or via a termination by CUBUS or CUSTOMER without prior notice. Following the termination of this test agreement CUSTOMER will - as long as he does not purchase the software - delete the software from its systems, hand back the user documentation and confirm this in writing to CUBUS upon request.
  5. German Law is applicable. Venue is the seat of CUBUS; CUBUS is entitled to file a suit at the seat of CUSTOMER. Should any of these provisions become ineffective, the effectiveness of the remaining provisions shall not be affected.