General Terms and Conditions of EUFEX Deutschland GmbH for the use of the website https://eufex.eu
- Scope of application
The following terms and conditions of business and use govern the relationship between the user of this website and EUFEX Deutschland GmbH, Singerstrasse 109, 10179 Berlin as the provider of this website and the services available on this website. These general business relationships also apply to any software for temporary use (rental) downloadedfrom the website https://eufex.eu by a user, in this case also referred to as the customer. - Contents of the website
EUFEX is responsible for the content of this website. There is no claim to completeness. - Contractual partners for software downloads
The license agreement is concluded between EUFEX Deutschland GmbH, Singerstrasse 109, 10179 Berlin, Germany, hereinafter referred to as EUFEX, and the commercial customer. A transfer of the software to consumers within the meaning of § 13 BGB is not intended. - Conclusion of contract
4.1 In accordance with this agreement, EUFEX shall provide the Customer with the UDBconnect®© or UDBconnectUCO®© software downloaded from the EUFEX website for use during a limited period of time.
4.2 By clicking on the button [Buy/Order at cost], a binding order is placed for the delivery of the software selected and described on the website https://eufex.eu for the agreed time-limited transfer and at the price stated on the website at that time.
4.3 Delivery takes place after receipt or crediting of the purchase price by EUFEX by sending the activation code by e-mail.
4.4 Once the purchase price has been paid, the contract is fulfilled by sending the activation code to the e-mail address provided by the customer on the https://eufex.eu website. The agreed transfer period shall then commence and the downloaded software can be used once the activation code has been entered. - Scope of services
5.1 The aforementioned UDBconnect®© and UDBconnectUCO®© software is a computer program with which an interface to the European Union database (UDB) can be established and individual customer data within the scope of the Renewable Energy Directive (RED II) can be exchanged with the Union database.
5.2 The UDBconnectUCO®© software enables the initial recording and uploading of recorded quantities to the Union database UDB.
5.3 The UDBconnect®© software enables the initial recording of UCO, seeds (crop) and other materials, e.g. fatty acids, and the uploading of recorded quantities to the Union database UDB. It has additional functions and enables, among other things, the loading of quantities already recorded in the UDB and their forwarding in the form of a new upload to the UDB (trade). - Copyright law
6.1 Both the UDBconnect®© software and the UDBconnectUCO®© are protected by copyright under the provisions governing the protection of computer programs. In addition to the program code, the copyright also includes all graphic representations and logos, the design of the user interface, the program name, the way in which data is displayed and the associated functional sequence, as well as all other features which determine the function and appearance of the software. All rights exist exclusively in favor of EUFEX.
6.2 Copyright notices, serial numbers or logos and references to EUFEX as the rights holder may not be removed or altered by the customer. - Rights of use and duration
7.1 Customers are granted a non-exclusive right to use the software downloaded and installed from the website https://eufex.eu for the agreed transfer period.
7.2 The customer is permitted to copy the software once onto a permanent data carrier for the purpose of data backup. Other copies are not permitted. When changing hardware, the customer undertakes to delete the software from the hard disk of the hardware previously used.
7.3 The customer is not entitled to reproduce, sell or rent the software or parts thereof, to grant third parties rights of use to this software or to use or exploit it in any other way beyond the use on his computer.
7.4 A claim to the release of the source code is excluded. The Customer has no legally enforceable claim to the implementation of a change or update of the software by EUFEX.
7.5 The right of use ends at the end of the period of use agreed when downloading the software. The activation code received can be used to extend the period of use at any time via the website https://eufex.eu under the conditions specified there. - License fees
8.1 Recurring monthly fees are charged for the use of the software, which are paid in advance for different periods via the EUFEX website. The agreed period of use can be extended at any time on the website https://eufex.eu. Depending on the payment method selected, it may take some time to send the required activation code.
8.2 All prices quoted on the website https://eufex.eu are subject to the applicable statutory value added tax/sales tax. A refund will only be made within the framework of the relevant regulations applicable within the European Union.
8.3 Delivery of the software shall be deemed to have been made and completed when the activation code and the download link have been sent to the customer and the software is functional and basically usable.
8.4 Discounts granted cannot be transferred and cannot be claimed individually. - Updates
9.1 The software installed at the customer’s premises is updated regularly, and where appropriate and necessary, via an update server during the boot process. This requires a connection to the Internet. The updates serve to update and improve the technical performance and usability as well as to extend the range of functions. There is no legally enforceable claim to such updates or to the retention of an older version of the software already installed in the event of an available update.
9.2 These agreements also apply to any version of the software downloaded from the EUFEX website that has been installed at the Customer’s premises and, if applicable, updated with a boot process. - Decompiling, editing
10.1 Reverse translation of the provided software into other code forms (decompilation) and other types of reverse engineering of the various production stages of the software or other manipulations of the software are not permitted.
10.2 The translation, editing and/or other modification of the software or parts thereof and/or the reproduction of the results obtained thereby are not permitted.
10.3 In particular, EUFEX reserves all publication, reproduction, processing and exploitation rights to the software. - Protection of the licensed material
11.1 The customer is obliged to take suitable precautions to prevent unauthorized access by third parties to the program and the documentation.
11.2 The customer shall store the data carriers in a location secured against unauthorized access by third parties and shall expressly instruct its employees to comply with these contractual terms and conditions and copyright law. In particular, the Licensee shall request its employees not to make any unauthorized copies of the program or the user manual. - Warranty
12.1 According to the current state of the art, the occurrence of program errors in software cannot be completely ruled out. The subject of the contract is therefore only software that is basically usable in the sense of the program description and the instructions for use.
12.2 For the reasons stated above, EUFEX accepts no liability for the software being free of errors. In particular, it does not guarantee that the software will meet the Customer ‘s requirements and purposes or that it will work flawlessly with other programs selected by the Customer. The customer is responsible for the correct and error-free operation, the correct selection and the consequences of the use of the software as well as the intended or achieved results. The same applies to the written material accompanying the software. If the Software is fundamentally unusable within the meaning of Section 8.3, the Customer has the right to rescind the contract. EUFEX has the same right if the production of usable software within the meaning of 8.3 is not possible with reasonable effort.
12.3 The UDBconnect®© and UDBconnectUCO®© software programs have been developed in accordance with the European Community Directive (EU) 2018/2001 (REDII, recast). EUFEX does not guarantee that the software will meet all the requirements of the aforementioned legal regulation without errors and that the calculations and calculations performed with the help of this software comply with the legal requirements and/or the requirements of the competent authorities and/or a certification system. EUFEX is not liable for such damages and consequential damages that arise as a result of incorrect calculations and or incomplete mapping of the legal or systemic requirements and other administrative specifications by the software program and the database used or as a result of incorrect operation by the customer or third parties. In particular, EUFEX shall not be liable for damage caused by administrative bodies or relevant system providers interpreting legal or systemic regulations to assess error-free functioning.
12.4 The software programs are dependent on the availability (technical accessibility) of the Union database UDB and its error-free functioning. They can only provide functions for data communication with the Union database to the extent that these functions are also available in the Union database itself. Functional changes or extensions in the Union database can only be made available in the software when the change or extension is updated. EUFEX accepts no liability for errors that occur up to that point. EUFEX cannot guarantee the error-free availability of the Union database.
12.5 The software programs take over numerous functions and calculations specified by the Union database. EUFEX does not guarantee that the functions and calculations specified by the Union database comply with the legal requirements of Directive (EU) 2018/2001 (REDII, recast), their transposition into the national law of a Member State and/or any further requirements of the certification systems.
12.6 In the event of faulty or interrupted transmission paths of third parties or faulty servers of third parties, the accessibility of the database is not guaranteed.
12.7 If the software is defective, EUFEX will first rectify the defect or deliver a software version that is free of defects. If EUFEX delivers the software in a defect-free condition for the purpose of subsequent performance, the defective software must be completely removed from all of the Customer ‘s data carriers and may not be passed on to third parties.
12.8 In the case of the provision of a free version (freeware), any warranty is excluded. - Liability
13.1 EUFEX is only liable in cases of intent or gross negligence for all damage caused by it and its legal representatives or vicarious agents. In the case of slight negligence, it is liable in the event of injury to the life, limb or health of third parties. Liability for damages shall be limited to a maximum of twice the license fees resulting from the agreed transfer period.
13.2 Furthermore, EUFEX shall only be liable if a material contractual obligation (cardinal obligation) has been breached. In such cases, liability is limited to compensation for foreseeable, typically occurring damage. For an individual case of damage, liability is limited to the typically foreseeable damage.
13.3 EUFEX is not liable for damage caused by the fact that one or more updates available on the update server could not be downloaded and installed at the customer’s premises due to a lack of Internet connection.
13.4 Liability for damages resulting from loss of profit, loss of information and data, damage to other software of the customer as well as damages claimed against the customer by third parties is excluded without limitation.
13.5 Liability in accordance with the provisions of the Product Liability Act remains unaffected. - Service and price adjustments
14.1 EUFEX provides support for the software (priority for UDBconnect®© and standard for UDBconnectUCO®©) via an e.mail ticketing procedure. Installation of the software on site at the customerÕs premises and further maintenance of the software is not included in this contract.
14.2 EUFEX expressly reserves the right to make price adjustments for the software products and other services offered on the website https://eufex.eu. Price guarantees exist only for the period of use of the software selected by the customer on the website. - Others and place of jurisdiction
This agreement is subject to the law of the Federal Republic of Germany. The sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Berlin.
January 2024
EUFEX Deutschland GmbH
