General Terms and Conditions for the Almondo-App
1. provider and subject of the contract
1.2 The App is used to conduct learning and exercising units with our Almondo system.
The learning content required for this purpose can be downloaded from the Software as a Service Model provided software Almondo Content Management System (hereinafter „Almondo CMS“) can be downloaded in the app.
1.3 These General Terms and Conditions apply only to the use of the App. The use of Almondo CMS is governed by but only according to our general terms and conditions for Almondo- Solutions that we share with our customers who order and purchase an Almondo system (hereinafter referred to as the „acquirer“).
1.4 The app can only be used to access the content available in Almondo CMS as long as as the contract for the use of Almondo CMS between us and the purchaser (hereinafter referred to as „user relationship“) continues to exist. After the end of this relationship you can app, but are limited to the use of the apps available until the end of the usage of content already downloaded into the App.
You must register online before using the app. This is possible after the administrator of the purchaser has created your user account and we will send you the initial access data by email.
We provide the app free of charge.
4. copyright and industrial property rights, rights of use
4.1 The App is protected by copyright and all copyrights and industrial property rights
remain with us or our licensors.
4.2 We shall grant you access to the software downloaded to the mobile device for the duration of this contract a non-exclusive and non-sublicensable right of use
to save the app for the purpose of the purchaser for use in lessons and let it expire.
5. modification and compilation
5.1 You are not permitted to make any trace back to the various production stages of the App, including of a program change is prohibited; this applies in particular to a retranslation of the provided program code into another code form (decompilation).
5.2 If, in order to achieve interoperability with another program, you require interface information is required, you are obligated to perform actions according to section 5.1 for use in own use, provided that we are not prepared to do so despite a written request or if we are are able to provide the required information.
5.3 If you carry out actions according to clause 5.1, only you or your employees may
use the information thus obtained for internal purposes only. Any Further use is not permitted.
5.4 The removal of a copy protection or similar protection mechanisms is only permitted if this protection mechanism impairs the trouble-free use of the software
will. copyright notices, serial numbers and other information for program identification serving features may not be removed or changed. The same applies to a Suppression of the screen display of corresponding features.
6. technical requirements
6.1 The use of the App requires an internet connection, the costs of which are borne by you.
6.2 The App can be used with the operating systems Apple iOS, Google Android.
You are not entitled to any rights for defects according to this. If defects occur during the use of the App, please contact the purchaser, who will exercise his rights due to defects according to our general terms and conditions for Almondo solutions.
8.1 We are liable without limitation for damages arising from injury to life, body or health, which are based on an intentional or negligent breach of duty by us.
We shall also be liable without limitation for other damage caused by an intentional or negligent grossly negligent breach of duty by us.
8.2 For damages due to a simple negligent breach of such obligations, which are
appropriate and faultless execution of the contract are fundamental and on their fulfilment you trust and may trust accordingly (cardinal obligations), are liable
we only limited to the typically foreseeable damage.
8.3 Other claims for damages are excluded, subject to the following section 8.4.
8.4 Limitations and exclusions of liability pursuant to this clause 8 do not affect our
Liability in accordance with the mandatory statutory provisions of the Product Liability Act, due to the fraudulent concealment of a defect and the assumption of a guarantee for the quality of an item is unaffected.
8.5 This clause 8 shall apply to any claim made by you against us irrespective of the
8.6 As far as our liability is limited or excluded according to this clause 8, the
Limitations or exclusions also apply to the personal liability of our employees,
our legal representatives and our vicarious agents.
9. contract period and deletion of the app
9.1 This contract shall run for an indefinite period.
9.2 On which end devices the App may be installed and used depends on our
General terms and conditions for Almondo solutions. If the app is set to private
mobile devices, the app must be deleted if the mobile device and user is no longer employed by the acquirer.
9.3 We also reserve the right to terminate the App for good cause, in particular
system security, for example if the system of a mobile device is compromised,
temporarily or permanently.
10. final provisions
10.1 We are entitled to make changes to the applicable general terms and conditions, which we will inform you of in advance. (including your objection period) in writing and which will come into force, unless you notify them within two (2) weeks of receipt of the notice contradict.
10.2 These General Terms and Conditions are subject to Austrian law, with the exception of the applicability the United Nations Convention on the International Sale of Goods of 11 April 1980 (CISG provisions).
10.3 Should any provision of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
this shall not affect the validity of the remaining provisions of these GTC.
All Rights by FameL GmbH