License terms pBC Bau

1. Scope

(1) These license terms govern the use of the software “pBC Bau” (the “App”). The App is an extension (add-on) for Microsoft Dynamics 365 Business Central. It is provided by pB Consult GmbH, Werner Straße 16, 59368 Werne, Germany (“pB Consult”).

(2) The App is intended exclusively for businesses within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law (the “Customer”). Consumers are not Customers within the meaning of these terms.

(3) These terms apply together with the offer or license agreement the Customer concludes with pB Consult (the “License Agreement”). In case of conflict, the License Agreement prevails. The Customer's general terms and conditions do not apply, even if pB Consult does not expressly object to them.

2. Obtaining the license

(1) The App is listed on Microsoft Marketplace (AppSource). The Customer does not obtain the license from Microsoft but directly from pB Consult. The Customer requests it via the “Contact me” button on Microsoft Marketplace or at hello@pb-consult.com and concludes the License Agreement with pB Consult.

(2) Scope, number of licensed users, tenants and prices are set out in the License Agreement.

(3) If the Customer installs the App without a License Agreement with pB Consult, use is permitted only for testing and evaluation for a maximum of 30 days. After that, the App must be uninstalled or a License Agreement concluded.

3. Grant of rights

(1) For the term of the License Agreement, pB Consult grants the Customer a simple (non-exclusive), non-transferable and non-sublicensable right to use the App in the Customer's Microsoft Dynamics 365 Business Central environments (tenant) named in the License Agreement for its own internal business purposes.

(2) Use is limited to the number of users licensed for Business Central agreed in the License Agreement. Affiliated companies within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG) may use the App only if the License Agreement provides for it.

(3) All rights in the App, including source code, documentation, trademarks and updates, remain with pB Consult unless expressly granted.

4. Restrictions

The Customer must not:

a) decompile, disassemble or otherwise reverse engineer the App, except where mandatorily permitted under Sections 69d and 69e of the German Copyright Act (UrhG);

b) modify or adapt the App or incorporate parts of it into other software, except through the extension options provided in Business Central;

c) sell, rent, lend, sublicense or otherwise make the App available to third parties, in particular not operate it as a service for third parties;

d) remove or circumvent license or protection notices.

5. Relationship to Microsoft

(1) Microsoft is not a party to these license terms. pB Consult alone is responsible for the App, including support and warranty.

(2) Microsoft Dynamics 365 Business Central itself is governed exclusively by the Microsoft terms agreed between the Customer and Microsoft or its Microsoft partner. The Customer obtains the required Business Central licenses itself. They are not part of this agreement.

(3) pB Consult is not liable for the availability, functions or changes of Business Central or other Microsoft services. If Microsoft changes Business Central in a way that restricts functions of the App, pB Consult will adapt the App within a reasonable time, insofar as this is technically and economically reasonable.

6. Updates and support

(1) pB Consult provides updates to the App via Microsoft Marketplace or the Business Central admin center. Updates may fix errors, adapt the App to new Business Central versions or change functions. Essential functions will not be removed without equivalent replacement.

(2) Support is available by email at hello@pb-consult.com and by phone at +49 2389 7787433 during normal business hours on working days in North Rhine-Westphalia. We usually reply within 1–2 working days. Further services such as setup, training, data migration or customizations must be agreed separately.

(3) Help and documentation: https://pb-consult.com/en/pbc-bau/help

7. Data and data protection

(1) The App runs in the Customer's Business Central tenant, which is hosted by Microsoft. The Customer's data remains in this tenant. pB Consult only accesses it if the Customer grants access for setup or support.

(2) If pB Consult processes personal data on behalf of the Customer in doing so, the parties conclude a data processing agreement under Art. 28 GDPR.

(3) Details are set out in the privacy policy: https://pb-consult.com/en/privacy

(4) The Customer is responsible for backing up its data, unless Microsoft does so as part of Business Central. Before uninstalling the App, the Customer backs up the App's data, for example by exporting it.

8. Warranty

(1) pB Consult warrants that the App essentially has the functions described in the documentation. An insignificant deviation is not a defect.

(2) The Customer reports defects without undue delay, in a reproducible way and in writing or by email. pB Consult remedies defects at its option by repair, an update or a reasonable workaround.

(3) Where the App is provided for a recurring fee, strict liability for defects already existing at the time the contract is concluded (Section 536a (1) alt. 1 BGB) is excluded.

(4) Claims for defects become time-barred after twelve months. This does not apply in the cases of Section 9 (1).

(5) Malfunctions caused by Business Central, other Microsoft services, third-party extensions, changes made by the Customer or use contrary to the documentation are not defects.

9. Liability

(1) pB Consult is liable without limitation

- for intent and gross negligence,

- for injury to life, body or health,

- under the German Product Liability Act (ProdHaftG) and

- to the extent of any guarantee given.

(2) In case of slight negligence, pB Consult is liable only for breach of an essential contractual obligation. That is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Customer may regularly rely. Liability is then limited to the foreseeable damage typical for the contract at the time it was concluded.

(3) Otherwise, liability is excluded.

(4) For loss of data, pB Consult is liable only for the effort that would have been required to restore the data if the Customer had backed it up properly.

(5) Paragraphs 1 to 4 also apply in favour of pB Consult's employees and agents.

10. Term and termination

(1) The term is set out in the License Agreement. If nothing is agreed there: The License Agreement runs for an indefinite period and may be terminated by either party with three months' notice to the end of a calendar year.

(2) The right to terminate for good cause remains unaffected. Good cause exists for pB Consult in particular if the Customer breaches Section 4 despite a warning or is more than two months in arrears with due payments.

(3) Notices of termination must be given in text form (e.g. email).

(4) When the agreement ends, the right of use expires. The Customer uninstalls the App from all environments. The data remains in the Customer's tenant until uninstallation. Section 7 (4) applies accordingly.

11. Final provisions

(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Werne (registered office of pB Consult GmbH), insofar as the Customer is a merchant, a legal entity under public law or a special fund under public law. pB Consult may also sue at the Customer's registered office.

(3) Amendments and additions must be made in text form.

(4) If any provision is invalid or unenforceable, the remaining provisions remain valid. It is replaced by the statutory provision.