End User License Agreement (EULA)

Last updated: 8. April 2022

In this End User License Agreement (hereinafter “License Agreement”), HicknHack Software GmbH (hereinafter “HicknHack Software”) and the buyer/user (hereinafter “Licensee”) regulate the license terms regarding the use of the purchased software redmineBOOST (hereinafter “Software”).

BY DOWNLOADING, CONFIGURING AND RUNNING OR USING THE SOFTWARE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS AND AGREE TO ITS TERMS AND CONDITIONS.

HicknHack Software reserves the right to update or change this License Agreement and all documents referenced in this License Agreement from time to time. The current version of this License Agreement can always be found at redmineboost.hicknhack-software.com.

§ 1 License granting

(1) Trial license

  1. HicknHack Software grants an Trial License in the form of a trial version of the Software to be used for evaluation purposes in accordance with this License Agreement. The trial license is non-exclusive, non-transferable, limited and revocable.

  2. The Trial License may be used for private purposes only.

  3. With the trial version the Software has the following limitations:

    • Subject of an issue has a maximum length of 40 characters
    • Description of an issue has a maximum length of 160 characters
    • When creating an issue, the issue description is extended with a note (“Created with redmineBOOST”)
    • Name of a project has a maximum length of 40 characters
    • Description of a project has a maximum length of 160 characters
    • When creating a project, the project description is extended with a note (“Created with redmineBOOST”)
    • Configuration and use of only one redmine identity
    • Use of maximum 3 items in a process description
    • The start of the Software is delayed by a banner
  4. HicknHack Software reserves the right to change the limitations of the trial license at any time.

(2) Personal license

  1. HicknHack Software offers a personal license for purchase by individuals, in accordance with this License Agreement.

  2. With the personal license, the most current version of the Software at the date of purchase can be used for an unlimited period of time.

  3. The licensee may use new Software versions (through Software updates) for a limited period of 3 years from the date of purchase of the license. For the use of new Software versions beyond 3 years, a license must be purchased again.

(3) Business License

  1. HicknHack Software offers a business license for purchase by businesses, in accordance with this License Agreement.

  2. Businesses must purchase at least as many business licenses of the Software as the number of primary users who will use the Software.

  3. With a business license, the Software may be used for a limited period of one year from the date of purchase, including new versions of the Software (through Software updates). After one year, a license must be purchased again to continue using the Software for business purposes.

§ 2 Subject of contract

  1. The subject of the License Agreement is the Software provided as a download via a link as well as any associated utilities, materials and documentation.

  2. HicknHack Software grants the Licensee the simple, non-exclusive right to use the purchased Software under the terms and conditions set forth in this License Agreement. In all other respects, the Software is protected under the Copyright Act and other intellectual property laws and agreements, including international laws and agreements.

  3. The Licensee expressly does not acquire ownership of the Software or the related materials and programs. All rights, in particular the rights of reproduction, exploitation, publication and editing are reserved by HicknHack Software as the author.

  4. Software maintenance and support is expressly not part of this License Agreement. The Licensee shall commission HicknHack Software with this service by means of a maintenance and support contract to be concluded separately.

§ 3 Usage rights

  1. A license acquired by the Licensee is valid for one User. The user is granted the simple, non-exclusive right to use the Software for all supported operating systems on more than one single hardware, provided that the user is the main user of the hardware.

  2. The use of the licensed Software within a network is not permitted if this creates the possibility of simultaneous use of non-acquired licenses of the Software.

§ 4 Duplication rights and access protection

  1. The Software and all related materials are protected by copyright. The Licensee may only reproduce the purchased Software to the extent that such reproduction is necessary for the use of the Software. Necessary duplications include the storage and installation of the Software on the mass storage devices of the hardware used by the Licensee.

  2. In addition, Licensee may make a duplication for security purposes. However, Licensee shall only be entitled to make and keep a backup copy. The backup copy shall be marked by copyright as the licensed Software.

  3. The Licensee is obliged to prevent unauthorized access by third parties to the Software and/or the corresponding documentation by taking appropriate precautions. Corresponding backup copies shall be kept in a place secured against unauthorized access by third parties. The Licensee’s employees shall be explicitly instructed to comply with these contractual terms and conditions as well as the provisions of copyright law.

§ 5 Decompilation and program modifications

  1. The Licensee is expressly not permitted to modify, edit, redesign, translate, decompile, reconstruct (reverse-engineering) or disassemble the Software itself or through third parties in any form.

  2. It is also not permitted for the Licensee or an authorized third party to make changes, edits or other interventions for maintenance purposes or to eliminate possible program errors.

  3. Software maintenance and support shall be carried out exclusively by HicknHack Software for an appropriate commission within the framework of a maintenance and support contract to be concluded separately.

§ 6 Resale and subleasing

  1. The Licensee is expressly prohibited from any form of temporary or unlimited transfer of the Software to a third party by means of leasing, granting sublicenses, use within an Application Service Provider (ASP) or in any other way.

  2. In case Licensee sells or gives away the Software completely and permanently to a third party, Licensee shall inform HicknHack Software in advance about the selling process and the acquiring third party in detail. The transfer of the rights of use requires the written consent of HicknHack Software.

  3. Upon the sale, Licensee must ensure that the acquiring third party agrees to the terms and conditions of this License Agreement in relation to HicknHack Software and registers as a new user with HicknHack Software. If the acquiring third party does not comply with the aforementioned provisions, the transfer of the rights of use shall be deemed invalid.

  4. Upon the sale of the Software and the associated transfer of the rights of use, the Licensee is obligated to hand over to the acquiring third party all copies of the Software, including any existing backup copies, and to destroy all copies, digital backups and other copies of the Software that have not been handed over.

  5. As a consequence of the sale of the Software, the Licensee’s existing right of use shall expire completely.

§ 7 Obligation to inspect and give notice of defects, approval

  1. Licensee agrees to inspect the Software provided by HicknHack Software, including associated utilities, materials and documentation, immediately upon receipt of the Software or provision of the download of the Software for obvious defects, particularly with respect to the functionality of basic Software functions.

  2. Defects discovered in this process must be reported to HicknHack Software within 10 business days after receipt of the Software or provision of the download of the Software. The notification of defects must be made in writing with an appropriate description and suitable proof of the defect.

  3. In the event of a violation of the aforementioned provisions regarding the duty to inspect and give notice of defects, in particular with regard to the period and/or form requirement, the Software shall be deemed approved in view of the defect in question.

§ 8 Warranty

  1. The warranty period for material defects is 12 months after receipt or provision of the Software.

  2. The Licensee must notify HicknHack Software of any defects in writing without delay, but no later than 10 business days after discovery, with an appropriate description and suitable evidence of the defect. Violations of the aforementioned deadline and/or form requirement shall completely exclude the warranty for the defect in question.

  3. HicknHack Software shall eliminate a defect by correction or subsequent delivery (subsequent performance). The manner of subsequent performance shall be determined by HicknHack Software with due consideration of the interests of both parties, whereby HicknHack Software shall in any case be granted two attempts at subsequent performance.

  4. The warranty is completely excluded if the Software has been modified, edited or otherwise interfered with by the Licensee itself or by an authorized third party in accordance with § 5 of this License Agreement. If the Licensee does not use the Software under the recommended hardware requirements and system requirements, defects resulting from this incorrect use shall also be excluded from the warranty.

  5. If the Licensee chooses to withdraw from the License Agreement due to a legal or material defect after two unsuccessful attempts at subsequent performance, the Licensee shall not be entitled to any additional claims for damages due to the defect. In the event of only minor defects, however, the Licensee shall not be entitled to rescind the License Agreement.

  6. In principle, only the product description of HicknHack Software is deemed to be agreed as the quality of the software. Public statements, recommendations or advertising do not constitute a contractual description of the quality of the software.

  7. Only a defect acknowledged by HicknHack Software suspends the warranty period.

§ 9 Liability

  1. The liability of HicknHack Software - regardless of the legal reason - is generally excluded. This exclusion of liability shall not apply in cases of mandatory liability, in particular under the Product Liability Act, in cases of intent or gross negligence, in cases of injury to life, body or health, and in cases of breach of fundamental contractual obligations.

  2. However, liability for the violation of essential contractual obligations shall be limited to the foreseeable damage typical for the contract. Liability for indirect damages, consequential damages, loss of profit and other financial losses is expressly excluded.

  3. HicknHack Software is expressly not liable for damages, the occurrence of which the Licensee could have prevented through appropriate, reasonable measures, in particular data and program backups. In all other respects, liability for loss of data is limited to the typical recovery costs that would have been incurred if backups had been made on a regular basis and at the appropriate level of risk.

  4. The provisions stated herein shall also apply in favor of the legal representatives, executive employees and other vicarious agents of HicknHack Software.

  5. Liability under the Product Liability Act remains unaffected.

§ 10 Choice of law and place of jurisdiction

  1. All agreements that contain an amendment, supplement or concretization of these contractual conditions as well as special assurances and agreements must be made in writing.

  2. Should any provision of this License Agreement be invalid, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed to have been agreed which most closely approximates the economic intent of the parties. The same shall apply to the filling of a gap.

  3. With regard to all legal relationships arising from this contractual relationship, the parties agree that the laws of the Federal Republic of Germany shall apply, excluding the conflict of laws provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods.

  4. If the user is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Dresden is agreed as the place of jurisdiction for all disputes arising in the course of the execution of this contractual relationship.

§ 11 Dispute resolution

Online Dispute Resolution to Art. 14 (1) ODR Regulation and § 36 VSBG: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board, but we are generally prepared to do so. Our e-mail address is: contact@hicknhack-software.com

§ 12 Revocation instruction

(1) Right of withdrawal

The licensee has the right to revoke this License Agreement within fourteen days without giving any reason. The revocation period is fourteen days from the day on which the Licensee or a third party named by him who is not the carrier has taken possession of the goods. In order to exercise the right of revocation, the Licensee must inform HicknHack Software by means of a clear declaration (e.g. a letter or e-mail sent by post) of the decision to revoke this License Agreement.

To comply with the revocation period, it is sufficient that the Licensee sends the notification of the exercise of the right of revocation before the expiry of the revocation period.

(2) Consequences of withdrawal

If Licensee revokes this License Agreement, HicknHack Software shall repay all payments received from Licensee, including delivery costs (with the exception of additional costs resulting from the fact that Licensee has chosen a type of delivery other than the most favorable standard delivery offered by HicknHack Software), without undue delay and no later than within fourteen days from the day on which HicknHack Software received the notification of revocation of this Agreement. For this repayment, HicknHack Software will use the same means of payment that the Licensee used for the original transaction, unless expressly agreed otherwise with the Licensee; in no case will the Licensee be charged any fees due to this repayment.

§ 13 Termination

This License Agreement is effective until terminated. Without prejudice to any other rights, HicknHack Software may terminate this Agreement with immediate effect if Licensee fails to comply with any of the terms and conditions set forth in this Agreement. In such event, Licensee must cease all use of the Software.