General software license agreement.
This document is a general software license agreement (GSLV) between TIME for kids Informationstechnologien GmbH and its licensees. It applies to all TIME for kids software products (software).
The software can be used in centralized, cascaded infrastructures with different clients as well as in decentralized infrastructures.
This agreement applies to the use of the software in decentralized infrastructures, whereby each end user is a separate user to whom a separate GSLV applies. Any deviating regulations concerning a specific TIME for kids product are mentioned separately.
This general software license agreement also applies in conjunction with any separate terms and conditions that become effective upon the purchase and use of TIME for kids products and are not listed separately here.
Please read these Software License Agreement Terms (“Agreement Terms”) carefully before purchasing or installing the Software on your computer or server or having us install and use the Software. By installing the software, you declare your express agreement with the following license terms.
Summary
1. subject matter of the contract
TIME for kids Informationstechnologien GmbH (“Licensor”) grants the Licensee the non-exclusive right, limited in time, to use the purchased Software in accordance with the terms and conditions of the Agreement. Otherwise, all rights to the software and documentation remain with TIME for kids Informationstechnologien GmbH or its licensors.
For the purposes of this license agreement, a licensee is an institution or facility at a location, in particular a school, in whose computer network the software is used. If a licensee has several locations, a separate license is required for each location.
In addition to the use of the software, this software license agreement includes services in the area of software maintenance (upgrades and updates) and support, which are regulated under point 3 of the terms and conditions.
2. terms of use
2.1 Upon full and unconditional payment of the separate invoice belonging to this license agreement, the licensee shall receive a simple, non-exclusive right to use the software and the associated documentation for the contractually agreed purposes. The licensee is responsible for ensuring that the number of end devices does not exceed the number of end devices shown on the separate invoice. If the number of end devices changes, the licensee shall ensure that its license is adjusted. The licensor has the right to conduct an audit of the licensee with regard to the number of end devices using the license in order to verify compliance with the license agreement. This applies in particular to the detection of anomalies.
2.2 Sublicensing to other institutions is prohibited. The licensee is not entitled to rent out the software in whole or in part, to issue its own licenses or to use the software as an application service provider (ASP) or in a clearing center.
2.3 The period of use is determined by the individually agreed time. It is at least 12 months. The period of use can be automatically extended by a further 12 months. In contrast to the automatic extension, a manual extension can also be agreed. The start and end of the period of use are specified in the respective invoice.
2.4 The Licensee shall receive a license key at the beginning of the period of use. This can be used for the entire duration of the contract.
2.5 In order to use the Software, the computer on which the Software is installed must be permanently connected to the Internet. The licensee must ensure that the Internet connection is sufficiently dimensioned with regard to the planned usage scenarios.
2.6 Reproduction of the user manual and other documentation is not permitted.
2.7 The software must be used in the operating system environment approved by TIME for kids Informationstechnologien GmbH and under the recommended hardware requirements.
2.8 The licensee is not entitled to carry out a reverse translation (disassembly, decompilation) of the software or to use other types of reverse engineering. If the licensee requires information that is essential to establish the interoperability of the software with other independently created computer programs, the licensor reserves the right to refuse to provide such information, unless it is required by law. This does not affect changes or adaptations that are already permitted in accordance with the product information or information supplied with the product.
2.9 The Licensee is not entitled to use elements of the graphical user interface (GUI) of the Software for its own purposes or to exploit them in its own products.
2.10 The licensee is not entitled to make changes or interventions to the software himself or through third parties, not even to eliminate possible program errors.
2.11 Special terms of use for TIME for kids School Filter Plus
2.11.1 Licensing basics
The selected license is valid for a defined number of end devices. A terminal device is any computer, tablet, smartphone, peripheral device or network-enabled device that is intended for exchanging data within a network. If the agreed number of end devices is exceeded, the licensee is obliged to inform the licensor so that the license can be adjusted.
In the case of a site that sets up central filtering, a license is required for each connected institution, even if technically only one license key is required.
During the agreed period of use, updates and upgrades are distributed and the School Filter Plus databases are automatically updated for the purposes of software maintenance. Section 3.2 applies accordingly.
2.11.2 Permanently ensuring the protection of children and young people on the Internet
The licensee will receive an e-mail to an e-mail address provided by him in good time before the end of the license period, informing him that the license will end at a specific time. If the license is not extended, Internet access in the network will be blocked for all end devices at the end of the license term for security reasons. The licensee is therefore responsible for this situation.
By deactivating the software, the licensee can establish unprotected access to the Internet. Through this active action, he ensures, among other things, that the legally prescribed protection of children and young people is technically switched off and that there is no longer any protection of children and young people on the Internet.
2.12 Special terms of use for TIME for kids Info
2.12.1 The use of the Software requires a connection between the Licensee’s servers and the Licensor’s servers via the Internet. All processes are automatically logged by the software on the servers, taking data protection into account.
2.12.2 The connection to the Internet can be established either via a direct line (RJ 45) or via a WLAN. The availability of the Internet must be checked by the customer before installation. The exact information for the network access (IP address, subnet mask, gateway, proxy, DNS server) must be sent to TIME for kids at least two days before setup.
2.12.3 Software use for the client is only possible from the computer on which the initial login to the server takes place.
2.12.4 The software can only be used with a user name and password.
3. software maintenance within the scope of license use
3.1 Licensee’s claim
The licensee is only entitled to software maintenance of the licensed software by the licensor if a corresponding separate agreement with the licensor is valid. The service for the installation of upgrades/updates is not part of the license agreement
3.2 Software maintenance – principle of the latest version
The software is maintained exclusively on the basis of the latest version. The latest version is published on the TIME for kids homepage and can be viewed by the customer. If a customer does not accept the offer, he is therefore no longer in possession of the latest version and thus forfeits his right to receive free upgrades and updates (see 3.3).
3.3 Software maintenance – upgrades and updates
In the updates and upgrades, the customer is provided with improvements to the functions and/or quality, security updates and user-friendliness at irregular intervals.
The licensor is responsible for rectifying possible software errors in the form of software updates (patches). Software updates can also contain extended or additional functions.
Significant functional enhancements to the software are made available through software upgrades, which are documented by a version change. The upgrade may also include additional updates.
4. service and support within the scope of license use
4.1 Licensee’s claim
The licensee is only entitled to service and support from the licensor if a corresponding separate agreement with the licensor is valid.
4.2 Support during initial setup
By purchasing a new license for the software, the licensee receives support with the initial setup of the software. The type of support depends on the product and can be seen in the respective product description.
The configuration for using the software is not part of the license agreement. However, TIME for kids is available to provide support using remote maintenance tools such as Teamviewer.
4.3 Licensee’s technical equipment and its diagnostics
A prerequisite for the support services of TIME for kids is that the technical equipment and systems provided by the licensor for the operation of the software comply with the system requirements described by the licensor for the use of the software. The other systems used in connection with the subject matter of the contract must be sufficiently dimensioned for the intended applications.
Any necessary diagnosis of other hardware (e.g. server, router, Internet) and software provided by the Licensee in connection with the subject matter of the Agreement shall be at the discretion of the Licensor and may be demanded by the Licensor at the expense of the Licensee if this is necessary to prove objective facts such as “perceived performance losses”.
4.4 Communication channels for support services
TIME for kids offers its customers a Dialog Center for service and support. It can be accessed via the website and the product interfaces. This is where all authorized support staff can access to report your faults. However, services can also be requested. Every customer activity is documented in a ticket. All school stakeholders in their role as school management, teachers responsible for media or internal or external IT administrators can register on the ticket system. The school decides who is allowed to see all tickets or only their own tickets. This transparency enables effective and harmonious cooperation. This service and support applies not only to schools, but also to school authorities, IT service providers of schools and school authorities as well as all other TIME for kids customers entitled to support.
In addition to the Dialog Center with its digital channels, we will continue to be available to you by telephone. You can reach us at 030 29369890.
Below are some examples of activities that you can trigger with just one click:
Registration at the TIME for kids Dialog Center
The tools mentioned above enable TIME for kids to process your requests automatically and take immediate action for you.
4.5 Software release status
The Licensor shall provide support in troubleshooting, error identification and error correction for the subject matter of the contract, provided that the software corresponds to the current release status (see 3.1).
4.6 Online training courses
TIME for kids offers online training courses for system administrators or user teachers at the customer’s request and by prior appointment.
Further information can be found under point 4.4 Communication channels for your support service.
In addition to free online training courses, you can also request fee-based online training courses and face-to-face training courses in the Dialog Center.
4.7 On-site presence
If a service requires an on-site presence or if the customer expressly requests this, the customer shall bear the costs of the service as well as the additional expenses (travel costs, accommodation costs, working time for arrival and departure). This also applies to training courses for system administrators or user teachers.
4.8 Refusal of support services
Services may require access via the tools recommended by TIME for kids for remote maintenance. If this is not possible or not desired by the licensee, TIME for kids is entitled to refuse a service in individual cases.
4.9 Cooperation of the licensee
The licensee must provide TIME for kids with support services at a reasonable cost. At the request of TIME for kids, the licensee must provide the information necessary for the performance of the service, such as precise error descriptions, log files or test data. If services can only be provided by means of an on-site visit, the Licensee shall reimburse the Licensor for the costs incurred.
The licensee accepts that during the period of support the subject matter of the contract may only be available for normal use to a limited extent or not at all.
In the event of errors that are proven to have been caused by non-compliance with the system requirements, improper or unauthorized interventions in the software, incorrect operation or interventions and settings by untrained personnel of the licensee, the licensor may demand compensation for the costs incurred to rectify the error.
In the event of problems that only occur in connection with a specific system environment (hardware and software) and are not generally comprehensible, TIME for kids may require the customer to provide a corresponding system environment for the purpose of troubleshooting at its own expense.
5. transfer or sale of the software
The licensee may transfer the complete software, including the associated documentation, to third parties by way of transfer of contract if the third party enters into the existing contractual relationship. The licensor’s consent must be obtained before the contract is handed over. The licensor will only withhold its consent to the transfer of the contract in such cases if this represents an unreasonable hardship for the licensor.
Only after registration of the third party by the licensor does the transfer of contract become effective and the software may be used for the remaining period of use.
Software that is used for test purposes is excluded from the transfer.
Any other transfer of the software to third parties without the prior consent of the licensor, e.g. by subletting or lending, is not permitted.
6. warranty
6.1 Duration of the warranty
The Licensor warrants that the Software will remain in the condition specified in the service and product description for a maximum period of 6 months after the initial installation of the Software or after an upgrade or update. The Licensor shall remedy any material defects and defects of title in the Software within a reasonable period of time. He declares that no rights of third parties conflict with the contractual use of the software.
6.2 Requirements for the warranty
The prerequisites for the warranty are that the technical equipment and systems provided by the Licensor comply with the system requirements described by the Licensor for the use of the software and that the dimensioned performance of the other systems used in connection with the subject matter of the contract enable the intended applications.
6.3 Correction of defects
Defects are rectified as part of software maintenance (see 3. “Software maintenance”). The Licensor can only rectify defects insofar as these are notified to him by the Licensee and are therefore demonstrably known.
Errors in the software that are attributable to incorrect installation or incorrect configuration by the licensee are not covered by the warranty, nor are errors in the licensee’s operating system or in third-party products.
6.4 Data backup by the licensee
The licensee is responsible for the regular backup and maintenance of his individual data. The Licensee shall make the backed-up data available to the Licensor if this is necessary to rectify a defect and shall also provide the Licensor with reasonable support in rectifying a defect.
7 Liability of TIME for kids Informationstechnologien GmbH
The Licensor shall be liable in accordance with the provisions of the Product Liability Act. It is a prerequisite that the licensee and licensor have fulfilled all obligations arising from this license agreement. Liability on the part of the licensor is excluded in the event of breach of duty or use contrary to the terms of the contract.
TIME for kids is only liable for defects relating to the product itself. The licensor shall have no further liability. Under no circumstances shall TIME for kids be liable for damage caused by the use of a faulty product (consequential damage).
The above limitation of liability also applies to the personal liability of the licensor’s employees, representatives and bodies.
The Licensor shall only be liable for damages in the event of simple data loss that would have occurred even if the Licensee had made proper and regular data backups appropriate to the importance of the data.
8. termination
8.1 Right of termination
The license agreement may be terminated in accordance with the contractual agreement between the licensee and licensor.
8.2 Period of notice
The license can be terminated by the licensee subject to a notice period of 30 days to the end of the contractual term.
8.3 Disregard of copyright
The Licensor is entitled to terminate this License Agreement for good cause in the event of serious infringement of its copyrights to the Software by the Licensee. Upon receipt of the notice of termination, all rights of use of the licensee shall expire. Other rights to extraordinary termination of the licensor remain unaffected by this.
8.4 Termination if use is not granted
Termination by the licensee in accordance with. § Section 543 para. 2 sentence 1 no. 1 BGB for failure to grant use in accordance with the contract is only permissible if the licensor has been given sufficient opportunity to remedy the defect and this has failed. Failure shall only be assumed if it is impossible to remedy the defect, if the licensor refuses to do so or delays it in an unreasonable manner, if there is reasonable doubt as to the prospects of success or if it is unreasonable for the licensor or licensee for other reasons.
8.5 Form of termination
Notice of termination must be given in writing. Please use our Dialog Center for this purpose. There are forms in the Customers section that you can use to give written notice of termination. You can view your cancellation in our ticket system and track the further processing.
Please use these digital business processes. If you do not have the means to process business processes digitally, we will also accept a written notice of termination by registered mail or letter.
TIME for kids will process a justified termination immediately and confirm it in writing.
9. use of customer data / confidentiality
TIME for kids Informationstechnologien will treat the customer data provided in connection with the business relationship in accordance with the relevant data protection regulations. The licensor and licensee undertake to treat as confidential all mutual information and data that they obtain directly or indirectly in the course of fulfilling the contract. In particular, the parties undertake not to disclose this information and data to third parties or make it accessible to third parties in any other form and to take all reasonable precautions to prevent third parties from gaining access to this information and data.
Information and data in this sense are in particular technical know-how as well as business and trade secrets, data from information technology systems and other non-public information that a party obtains in the course of the cooperation. The confidentiality obligations under this contract shall not apply if and to the extent that the information in question is demonstrably: generally known, becomes generally known through no fault of a party, or was or is lawfully obtained from a third party, or is already available to the parties.
10. final provisions
No verbal collateral agreements have been made. Amendments and additions to this contract must be made in writing.
The law of the Federal Republic of Germany shall apply with the exception of the UN Convention on Contracts for the International Sale of Goods.
In the event of disputes arising from this agreement, the place of jurisdiction is the registered office of TIME for kids Informationstechnologien GmbH. However, the licensor is also entitled to sue the licensee at his general place of jurisdiction.
If individual provisions of this agreement are or become invalid, this shall not affect the validity of the remaining provisions.
Status of the license agreement: January 2023