for the use of portatour® Anywhere (service) between
licensor "impactit GmbH, FN 301973d, Wienerbergstraße 11/B14, A-1100 Wien" (impactit)
and the licensee
Beginning with the issue date, impactit gives the licensee the non-exclusive, limited license to use the service according to these terms.
The licensee is authorized to utilize the service on own internet-capable devices (e.g. smartphone, tablet, notebook, PC or similar devices) using a web-browser or an app for its own internal purposes. The number of field reps for whom a schedule is calculated is limited to the number of user licenses issued.
Expressly not permitted are:
Licenses may not be issued to individuals and companies developing or marketing products in direct competition with any software or service created by impactit.
The license is being issued to the licensee under the condition that the license fee has been paid in full.
The licensee agrees that by using the service and entering data, the service may upload data (via an encrypted connection) and store data on the server.
The service is not usable without an active internet connection. The licensee is responsible for all costs incurred for maintaining the data connection.
The use of the service is only permitted to the extent for a typical user of the service. In order to protect the quality of its service, impactit may give warning and then block access to its service if significantly higher-than-average usage is recorded.
The license is limited in time. Unless otherwise agreed in writing, the term of trial licenses shall last for 30 days. The term for purchased licenses is defined in the order. The running time for purchased licenses is automatically extended for the same term if the license is not cancelled in writing (e-mail, fax, letter) by the licensee or impactit at least 14 days before the expiry of the contract period.
If the service is used as an extension to the base products "portatour® for Outlook", "portatour® for Salesforce", "portatour® for Dynamics CRM" or "portatour® Connector", the contract period is bound to the contract period of the base license.
Any permission to use the software terminates immediately upon expiry of the license.
Gross violation of statutory or contractual provisions by the licensee or other important reasons entitles impactit to an extraordinary termination effective immediately. impactit is authorized to invoice license fees for services that the licensee has consumed violating this agreement demonstrably and without monetary payment (e.g. schedules calculated for more field reps than purchased user licenses, multiple free trial licenses within 12 months). The licensee is entitled to an extraordinary termination if severe defects are not eliminated by impactit as defined within section “Warranty”; or due to gross violation of statutory or contractual provisions by impactit.
impactit may replace the service with a new version anytime. This normally happens to fix bugs and enhance features. These new versions may be used by the licensee under the terms of usage granted herein.
Service information provided by impactit, online, in advertisements or in documentation are to be considered as descriptive only and do not guarantee the quality and functionality of the service. The licensee is advised to check the functionality and features as well as the compatibility of the service with own devices and their web browsers by using a free trial version of the service before purchasing the license.The licensee may not make any claims for refund in these cases after acquiring the license.
According to the current state of technology, it is not possible to produce completely defect-free service. impactit, however, endeavors to deliver largely error-free service. Defects in the service are to be reported by the licensee in detail and in writing. In cases of severe defects in the service, which make the use of the said service impossible or substantially restrict its use, impactit has 45 days to improve the service. If the severe defects cannot be eliminated with a new version of the service by the deadline, licensee shall have the right to terminate the license agreement and receive a refund of the license fee prorated to the day the error report was made. This right to termination does not apply to minor defects.
The warranty does not apply to defects resulting from improper use, failure or faulty settings in a necessary third-party software (operating system, web browsers, …), faulty internet connection or other circumstances which are beyond the responsibility of impactit, or if licensee refuses to cooperate for free in attempting to determine the cause of the defect.
impactit is liable only insofar as intent or extreme gross negligence can be proven, within the framework of legal provisions for damages outside the scope of the Austrian Product Liability Act ("Produkthaftungsgesetz"). Liability for slight negligence, slight gross negligence, compensation for consequential damage and financial loss, savings not achieved, lost profits, lost data, loss of interest, and damages from any third party claims against licensee, are excluded - as far as legally permissible. Also excluded is the liability of impactit for malfeasance caused by the licensee in using the service.
impactit treats the data submitted by the licensee in accordance with data protection regulations; this data is not shared with anyone (unless explicitly requested by the licensee) and all necessary and customary safety precautions and technical measures are taken to protect such data from unauthorized access by third parties. impactit is entitled to name the licensee (including company logo) as a reference user for its own promotional purposes. impactit is entitled to send automated emails to the licensee, for example, to notify the same about updates.
No verbal side agreements have been made to the contract. Changes must be made in writing. If any provision of this agreement is invalid, it must be replaced with one that best matches the economic intent of the original. The validity of the other provisions shall not be affected. Austrian law applies (excluding the principles and norms of the UN Sales Convention). For licensees based within the EU or an EFTA State the exclusive place of jurisdiction is the competent commercial court in Vienna. For licensees based outside of the EU or EFTA States all disputes shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules. The place of arbitration shall be Vienna. However, impactit shall be entitled, at its own discretion to alternatively bring an action against the licensee at the licensee's venue.