1. General Terms and Conditions for Services of 1492 webrain GmbH:

Contents:

  1. Scope of regulation
  2. Respect for the intellectual property of 1492 / webrain
  3. Scope of services
  4. Confidentiality and data protection
  5. Warranty
  6. Final provisions
  1. Scope of regulation

1492 webrain GmbH has developed software solutions under the name “webain”, including a methodology as well as working and consulting materials, the use of which by the customer is subject to the following provisions, which the customer expressly accepts with the order. webrain software solutions comprise various modules that can be used individually or in combination – below is a list of the current webrain software solutions, which are subsumed under webrain software solutions: wefeel, wesource, welead, wemove, wepromote, weorg, weteam, wepredict, welearn. Furthermore, the following provisions also apply to all other services provided by 1492 webrain GmbH. If the customer acquires a license for use in his own activities vis-à-vis third parties, the general license conditions formulated separately under Section II apply. In addition, general law and legislation shall apply in each case. General terms and conditions submitted by the customer shall not be deemed accepted even if 1492 webrain GmbH does not expressly object to them.

  1. Respect for the intellectual property of 1492 / webrain

The customer recognizes the exclusive rights to the service package designated with 1492 / webrain, in particular the methodology, didactics and conception including the software modules, irrespective of the scope or existence of legal property rights vis-à-vis 1492 webrain GmbH and assures not to interfere with these rights without the express permission of use granted by 1492 webrain GmbH. The customer agrees not to make any claims against 1492 webrain GmbH due to any involvement of the customer in the creation of topic modules or other editing processes carried out by 1492 webrain GmbH. In particular, the following applies:

2.1. Markenrecht

1492 webrain GmbH reserves the exclusive right to exploit the 1492 / webrain brand. In particular, the customer is not entitled to transfer rights of use to third parties, to grant sublicenses or to use parts of the theoretical or practical content for their own training or further education. Only 1492 webrain GmbH is entitled to the right to train 1492 / webrain consultants and to use any parts of the methodology, concept and software modules.

2.2. Konzept

Under no circumstances is the customer entitled to pass on the principles of the concept theory to third parties or to use the content learned under a name other than the one stated above. In particular, the concept – including parts thereof – may not be used for purposes other than those expressly agreed.

2.3. Materialien und Inhalte

1492 webrain GmbH reserves all rights to the software and the materials, including the content embodied therein. No part of these materials may be reproduced without the written permission of 1492 webrain GmbH and in particular may not be made available to third parties. This also applies to the time after the order has been placed. All materials made available by 1492 webrain GmbH, in particular software modules, images and teaching and consulting content, serve solely for the agreed use by the customer; they are the property of 1492 webrain GmbH and are made available to the customer for use for the duration of the agreed service period.

  1. Scope of services

3.1. Art und Umfang der von der 1492 webrain GmbH zu erbringenden Leistungen sowie durch den Auftraggeber zu zahlender Vergütung gelten mit der jeweils geführten Auftragskorrespondenz grundsätzlich als abschließend geregelt.

3.2. Änderungen der im Angebot umschriebenen Leistung und Aufgabenstellung, die sich durch neue Erkenntnisse während der Leistungserbringung oder durch neue Anforderungen oder Wünsche seitens des Auftraggebers ergeben, werden nach Vereinbarung berücksichtigt. Sofern erbrachte Leistungen nicht vorher spezifiziert wurden, sind diese dennoch vergütungspflichtig, im Zweifel in entsprechender Anwendung der vereinbarten Vergütungsregelung. Zusätzlich entstehender Leistungsaufwand wird gesondert abgerechnet.

3.3. Für die von der 1492 webrain GmbH erbrachten Leistungen gelten grundsätzlich die allgemeinen gesetzlichen Regelungen des Dienstvertragsrechts. Werkvertragliche Regelungen gelten nur, wenn dies im Zusammenhang mit der Spezifikation der zu erbringende Leistungen ausdrücklich vereinbart ist.

  1. Confidentiality and data protection

Insofar as 1492 webrain GmbH obtains knowledge of information or trade secrets of the customer within the scope of the contractual services, 1492 webrain GmbH will observe the data protection regulations and confidentiality for any trade secrets.

  1. Warranty

1492 webrain is based on development work carried out to the best of our knowledge and belief and the utilization of over 30 years of consulting experience. Nevertheless, due to the complexity of 1492 webrain and the dependence on the cooperation of the customer or the application participants belonging to the customer, no guarantee can be given for the ideal or economic success. The general statutory warranty provisions apply to the general functionality of the technical solutions within the system equipment.

  1. Final provisions

Amendments and supplements to these General Terms and Conditions must be made in writing to be effective. The contract concluded hereunder and its execution are subject to the law of the Republic of Austria. The place of jurisdiction for all differences of opinion arising from this contract and on the basis of this contract as well as the place of fulfillment is the main place of business of 1492 webrain GmbH. If an English version of this contract is created, the German language version shall always take precedence in the event of doubts about the interpretation of the contractual provisions.

  1. General Terms and Conditions for Services of Eigenland GmbH as

Licensor

Contents:

Preamble

  1. System equipment
  2. Granting of rights
  3. User certification
  4. Customization and support
  5. Remuneration
  6. Duty of care, confidentiality and data protection
  7. Final provisions

Preamble

1492 webrain GmbH has developed several software modules including a methodology as well as working and consulting material which the licensee wishes to use for himself and/or his consulting work. The parties agree the following:

  1. System equipment

Depending on the number of licenses ordered, the licensee receives from 1492 webrain

GmbH, hereinafter referred to as the licensor, one or more

System equipment. Unless otherwise agreed in detail,

the system equipment comprises a set of software modules listed in the respective offer of the licensor.

are. For the provision of this system equipment and the granting of

The following provisions apply to the corresponding rights of use

as well as the general statutory provisions.

  1. Granting of rights

2.1. Achtung des geistigen Eigentums an1492 / webrain

The licensee recognizes, irrespective of the scope or existence of legal

the licensor the exclusive rights to the intellectual property rights associated with the

1492 / webrain, in particular the methodology, didactics and conception, including the software modules, and assures that it will not interfere with these rights without the express permission to use granted by the licensor.

The licensee agrees that, due to any cooperation of the

Licensee in the creation of analytical themes or other content created by the

licensor does not assert any claims against the licensor.

Licensor. The licensee shall be responsible for ensuring that the

Intellectual property in 1492 / webrain by employees, affiliated companies

or other clients who are advised by him with the help of 1492 / webrain.

are to be. In particular, the following applies:

2.1.1. Markenrecht

The licensor reserves the exclusive right of exploitation to the

trademark 1492 / webrain. In particular, the licensee is not entitled to

transfer rights of use to third parties, grant sublicenses or

Parts of the theoretical or practical content for your own training

or further training. The right, 1492 / webrain consultant

and to train any parts of the system equipment outside the certification process.

only the licensor is entitled to use.

2.1.2. Konzept

Under no circumstances is the licensee entitled to use the conceptual-theoretical

Principles that are taught within the consultant certification,

to third parties or to pass on the contents learned under a different

Designation as 1492 / webrain. In particular, the concept –

nor parts thereof – for purposes other than those expressly intended.

agreed purposes.

2.1.3. Materialien und Inhalte

The Licensor reserves all rights to the Materials, including the

content embodied therein. No part of these materials may be reproduced without

reproduced with the written permission of the licensor and

in particular may not be made available to third parties. This also applies to

the time after commissioning. All of the

The materials provided by the Licensor, in particular software modules, images and teaching/consulting content, are intended solely for the agreed use by the Licensee; they are the property of the Licensor and are made available to the Licensee for his own use.

use for the duration of the granting of rights.

2.2. Lizenz

The licensor grants the licensee the right to use the license in the following

The user is granted non-exclusive rights of use, hereinafter also referred to as a license.

2.2.1. Dauer

The licenses are valid for 1 year from the conclusion of the contract and complete

receipt of payment of the license fee in accordance with Section II. 5. by the licensor and are automatically extended in accordance with the term of the contract / agreement.

2.2.3. Nutzung im Konzern

In agreement with the licensor, the license is granted to companies, to

in which the licensee holds a direct majority interest,

transferable. The licensee shall ensure that the

affiliated companies are obliged in accordance with section II. 2.1. to respect the

intellectual property to 1492 / webrain.

2.2.4. Lizenzumfang

The scope of the license agreement is as follows:

– Software modules in accordance with the scope of services defined in the contract

– Project management for implementation

– Service hotline

-Regular updates

2.2.5. Weitergabe von Lizenzen

The licensee guarantees that it will not transfer its licenses to third parties.

and protected from access by third parties.

2.4. Ausgestaltung der Bewerbung und Durchführung von 1492 / webrain

For the application and implementation of consulting services with the help of

1492 / webrain or the use of 1492 / webrain in your own company

the licensee undertakes to use the license in all external representations, in particular

websites, social media and press relations:

2.4.1. Inhalt

The use of 1492 / webrain is in accordance with the system equipment and

user certification.

2.4.2. Texte

For the promotion or external presentation of its application of 1492 / werbrain

only the original 1492 / webrain information in accordance with

system equipment and user certification. Only

uses or publishes the information, images and texts and/or

made accessible to third parties who are authorized by the licensor to

be made available or released. The licensee shall

regularly check the contents adopted and, if necessary

update. Adopted content must be marked with a visible

source as well as a link to the respective website of the

Licensor for 1492 / webrain.

  1. Customization and support

The production and software setup of the respective scope of services as well as

The licensor is solely responsible for the respective adjustments.

  1. Remuneration

The remuneration to be paid by the Licensee in each case for the services described in Clauses II. 1.-3.

services provided by the licensor as well as the remuneration to be paid for the

optional individual equipment services are offered in a

corresponding offer or a corresponding agreement (contract).

  1. Duty of care, confidentiality and data protection

The licensee bears sole responsibility for the implementation of the applications.

Duty to ensure traffic safety. In addition, the licensee shall ensure that

Information he receives from clients advised with the help of 1492 / webrain,

the data protection regulations are complied with and that any

trade secrets of his clients are treated confidentially. Insofar as the

Licensor within the scope of the contractual services of such information

or trade secrets of the licensee’s clients,

the licensor will also comply with the provisions of data protection law and

Maintain confidentiality for any trade secrets.

  1. Final provisions

6.1. Gewährleistung

1492 / webrain is based on the best of our knowledge and belief.

development work and the utilization of over 30 years of consulting experience.

Nevertheless, due to the complexity of 1492 / webrain and the

Depending on the cooperation of the licensee, the respective

Application participants and interaction with the respective certified user

no guarantee can be given for the ideal or economic success.

For the general functionality of the technical devices within the

system equipment, the general statutory warranty provisions apply. For the economic usability as well as the

Legal status of statutory or registered industrial property rights including the

brand 1492 / webrain is not guaranteed. The obligation of the

licensee to respect intellectual property in accordance with section II. 2.1. remains

are not affected by this.

6.2. Nebenabreden, Rechtswahl, Erfüllungsort, Gerichtsstand und Sprachfassung

Amendments and additions to these General Terms and Conditions

must be in writing to be effective. The contract concluded hereunder

and its execution are subject to the law of the Republic of Austria. The place of jurisdiction for all differences of opinion arising from this and on the basis of this contract as well as

The place of performance is the licensor’s principal place of business. If an English

version of this contract, in the event of any doubt as to the interpretation of the

The German language version always takes precedence over the English language version.

III. General Terms and Conditions for 1492 / webrain certification

  1. Certification

1.1. Als zertifiziert gilt nur, wer von der 1492 webrain GmbH eine ausdrückliche

has received written confirmation of this.

1.2. Die Zertifizierung als 1492 / webrain-Berater Anwender gilt nur jeweils für die zertifizierte Person und ist nicht übertragbar.

  1. Legal consequences of certification

2.1. Ein zertifizierter 1492 / webrain-Berater hat grundsätzlich das Recht zur

independent implementation and moderation of corresponding 1492 / webrain applications.