End User License Agreement for Service Monitoring


The following terms apply to the contractual relationship between Ant Tech, Werftstraße 9A, 10557 Berlin, Germany (hereinafter: Ant Tech) and the acquirer of the software (hereinafter: Buyer), for the initial license under clause 1 (1) for the Ant Tech software, irrespective of whether the Buyer is a natural or legal person. These terms come into force as soon as the Buyer receives the initial software license key from Ant Tech or another third party authorized to transfer the license key. By downloading, installing, or using the software, the Buyer acknowledges the validity of the following provisions as binding. The software is protected by German copyright law (§§ 69a ff. UrhG). The copyright with regard to the purchased software is subject to this contract. Any conflicting, deviating or supplementary provisions proposed by the Buyer shall not become part of the contract, unless Ant Tech expressly agrees to their validity in writing.

1. Object

1.1 This contract covers the rights of use of the Ant Tech Atlassian apps and the maintenance services that Ant Tech provides for the Ant Tech Atlassian apps (hereinafter "software") purchased by the Buyer. An overview of the current software that Ant Tech offers can be found at https://marketplace.atlassian.com/vendors/1217684/ant-tech.

1.2 Other services such as installation, instruction, training, customization of the software or any other service are not part of this contract. If Ant Tech offers such services, they are to be agreed upon separately in writing.

2. Right of Use, Multiple Use and Use on Networks

2.1 The Buyer may use the software on any hardware available to them. If the Buyer changes their hardware, they must delete the software from where it was installed on their old hardware.

2.2 It is prohibited to provide the software to more users than contractually agreed. If the number of users exceeds the contractually agreed upon number of users, a higher user-number package must be purchased. The Buyer agrees to pay the difference between the initial purchased number of users and the price of the higher user-number package, valid at the time of the initial purchase.

3. Permitted Duplication and Access Restrictions

3.1 The Buyer may duplicate the software, only where the respective duplication is necessary to allow the contractually agreed upon use of the software. Necessary duplication includes in particular the development and testing of systems within the same IP ranges (network); For this purpose any number of developer keys (developer licenses) may be generated, insofar as the respective booked number of users is not more than the number of users purchased. Necessary duplicates include the installation of the software after downloading to a storage medium, as well as loading it thereafter into main memory.

3.2 The Buyer agrees to take suitable precautions to prevent any unauthorized third-party access to the software. The Buyer’s license key is to be kept in a place secured against any unauthorized access by third parties. The Buyer's employees are required to comply with the present terms of this contract as well as with copyright law (duty of care).

4. Recompilation and Program Modifications

4.1 The recompilation of the software code into other code formats, as well as any other form of reverse engineering of the different production stages of the software, to include any program modification, is permitted for private use only, in particular, to rectify errors. Private use within the meaning of this regulation, limits the use of the software for professional or commercial purposes to the Buyer or their employees, and is not intended to be exploited commercially in any way.

4.2 The removal of copy protection or similarly protective measures is only permitted in instances where this protection mechanism has affected or prevented the undisturbed usage of the software, in particular where use by the purchased number of users is impaired or hindered. The burden of proof regarding any impairment or hindrance to the undisturbed usage of the software caused by any protective measures lies with the Buyer.

4.3 Copyright notices and other features used for software identification may not be removed or changed.

5. Ownership

The ownership of marketing materials, any software or electronic media, methodologies, strategies, research and designs shall remain with Ant Tech. Ant Tech reserves the right to use in any way it wishes any programming tools, skills, content, methodologies, strategies and techniques acquired or used in performing its duties under this Agreement. The ownership of any data content created using the software shall remain with the author of that content.

6. Maintenance Services for the Initial License Period

6.1 Ant Tech offers the following services to the Buyer free-of-charge for the software after the acquisition of the initial license as part of the software maintenance contract:

The Buyer will be offered new software updates (updates) of the software that are released during the initial license period of 12 months;

The Buyer shall be provided with technical support for troubleshooting and error resolution (hereinafter referred to as "Support" or "Support Services") for the software during the support hours referred to in clause 10 (3) via the support channels listed in clause 8;

6.2 After the initial license for the software has been acquired, the Buyer can ask for a renewal of the software maintenance services from Ant Tech for a period of 12 months for that software. During this maintenance period, the support channels listed in clause 8 shall be used. Ant Tech is not required to accept the renewal request.

6.3 After the expiry of the 12 months maintenance period referred to in paragraph 2, software maintenance may be extended in accordance with clause 8.

7. Software Maintenance Renewal

7.1 The Buyer can request a renewal of the provision of support services for one or more of the Ant Tech apps they have purchased at any time by a further 12 months by purchasing a software maintenance renewal. The purchased software maintenance renewal is subject to the provisions of this contract in the same way as the initial maintenance period.

7.2 Irrespective of the date of the software maintenance renewal, the duration of the new software maintenance period is 12 months and begins with the first day after the end of the last maintenance period and ends with the last day of the 12-month renewal.

8. Support Channels

Ant Tech offers solely the following support channels:

Email address for registering new support tickets at: julius.friedrich.dev@gmail.com

9. Product

9.1 Ant Tech provides the Software on an “as is” basis. Ant Tech shall make no effort to validate any information provided by the User for use with Services for content, correctness or usability.

9.2 Use of Ant Tech services requires a certain level of knowledge in the use the Internet and World Wide Web. The User is required to have the necessary knowledge to use the Internet and the World Wide Web.

9.3 It is not the responsibility of Ant Tech to provide free support for the User in the use and operation of the Software.

10. Error Reporting, Obligation to Cooperate, and Support Hours

10.1 The Buyer must immediately report any errors that occur with a detailed description of the problem using the support channels listed in clause 8.

10.2 For the execution of the contractual services, cooperation must be complete and punctual. The obligation to cooperate includes the following items in particular:

All applicable laws and regulations must be observed. It is prohibited to transfer data or content to Ant Tech servers that violate legal provisions or infringe third-party property rights or copyrights or other rights of third parties.

When reporting an error, all documentation, log files, and other information relevant to troubleshooting shall be made available without delay;

Only data free from computer viruses or other harmful code may be transmitted;

No software, technologies or procedures may be used in connection with the use of the contractual software that are capable of affecting its operation, security and availability.

10.3 In order to receive error reports, Ant Tech can be reached during support hours on work days between 09:00 and 17:00 (CET/CEST). Work days include Monday to Friday, with the exception of all public holidays in Berlin, Germany, in addition to the following days: 24 December and 31 December.

10.4 Processing of support cases, taking into account the response times specified in clause 11, shall be carried out during the support hours specified in paragraph 3.

11. Response Time

11.1 Response time is the period between the report of an error and the first action taken by Ant Tech. The period starts with the receipt of the corresponding support request within the support hours specified in clause 10 (3), and runs exclusively during the agreed support hours. If a message appears outside the agreed support hours, the response time begins with the start of the next support period.

11.2 Ant Tech shall strive for the following response times: 16 hours.

11.3 The response times are Ant Tech’s declared aspiration. Ant Tech does not guarantee the observance of the stated response times. Non-compliance with these response times does not constitute any right for the Buyer to reduce the price, claim for reimbursement, terminate or seek any other form of compensation.

12. Limitation of liability

Ant Tech shall be liable for damages resulting from this contract, for whatever actual or legal reasons, only in accordance with the following regulations:

In the case of wilful intent, gross negligence, claims under the German Product Liability Act, or in the case of a loss of life or personal injury, Ant Tech shall be liable without restriction in accordance with statutory provisions.

Insofar as Ant Tech culpably infringes an important obligation, the liability per calendar year shall be limited to the foreseeable damage at the time of conclusion of the contract up to a total amount for all damages per calendar year which corresponds to 50% of the purchase price paid by the Buyer in this calendar year, as far as the Buyer can prove the damage. Such a fundamental obligation will always exist, where the obligation is essential for the due and proper implementation of the contract, and on which the Buyer trusted and could reasonably rely. This limitation of liability also applies to data loss and data corruption.

Liability is excluded in the event of negligent violation of other non-essential contractual obligations.

13. Termination

Ant Tech shall be entitled to terminate the obligation of providing the agreed on Maintenance Services (clauses 6 et. seq.) without notice in particular, if

access data for the use of the software was made accessible to third parties without the prior consent of Ant Tech;

the Buyer breaches their obligations under this contract, and despite an appropriate grace period with a rejection warning, they do not put an end to the infringement or demonstrate that appropriate measures have been taken to suitably prevent the repetition of the breach of contract in the future.

14. Written Agreement

All agreements are contained within this contract.

15. Place of Jurisdiction

15.1 The exclusive jurisdiction for all disputes arising out of or in connection with this contract is the responsible court of the city of Berlin, Germany, insofar as

  1. the Buyer is a merchant, or

  2. the Buyer has no general place of jurisdiction in Germany, or

  3. the Buyer is a legal entity of public law.

15.2 Ant Tech is entitled to also file a suit at any other legally appointed venue.

16. Governing Law

The law of the Federal Republic of Germany shall apply with the exclusion of UN Purchase Law (CISG) and of the referral regulations under German International Private Law.

17. Severability Clause

Should a provision of this contract be or become invalid, all other provisions shall remain unaffected. Such an invalid provision shall be replaced with a provision which is in line with the intention which the parties could reasonably attribute to the contract at the time of entering into said contract.