1. Software
2. Supply and Services
3. Collaboration
4. Liability and Indemnification
5. Non-Disclosure
6. Charges and Payment Terms
7. Retention of Title
8. Privacy
9. Applicable Law, Construction Clause and Court of Jurisdiction

All supplies and services performed by inTrace GmbH ("inTrace") for you as principal ("you") are exclusively governed by the terms and conditions as laid out in these General Business Terms (the "Agreement"). Any subsequent additions or changes to the Agreement require confirmation in writing.

Any software delivered by inTrace to you or any software downloadable from inTrace' website is the copyrighted work of inTrace.

Any use of the software is subject to the related license terms of the software and the software is made available to you exclusively for use in accordance with those license terms.

Any reproduction or redistribution of the software not in accordance with those license terms is expressly prohibited by law, and may result in severe civil and criminal penalties.

Violations will be prosecuted to the maximum extent possible.

The conceptual formulation and description of task, documentation and target state shall be arranged in the written stipulations of the contractual parties.

Where your collaboration is necessarily required you are obliged to support inTrace' efforts to fulfill its obligations.

inTrace, its employees or its subcontractors, is liable for direct damages out of (deliberately or gross) negligence, limited to the equivalent value of the service provided, but up to a maximum amount of EURO 26,075.89 in the aggregate. Any further liability is excluded.

inTrace accepts no liability for indirect and consequential damage or for any loss of profit or anticipated savings, or losses arising from delay of services, if no deadline has been agreed in writing, or from consulting not being related to the object of the agreement unless it has been especially agreed and recompensed.

Any liability for damages due to force majeure is likewise excluded.

Any claims for damages against inTrace, other than those based on tort, shall be subject to the applicable statutory limitation periods.

The liability of inTrace exclusively pursues the paragraphs above. Any further claims not explicitly granted therein are excluded. Deviations thereof solely apply if after the applicable mandatory law the liability may not be excluded or limited.

Third party claims for damages cannot be forwarded against inTrace.

Both inTrace and you understand and acknowledge that a confidential information has been developed or obtained by the investment of significant time, effort and expense, and that the confidential information is a valuable, special and unique asset and thus has to be protected from improper disclosure. Both parties agree to hold the confidential information in confidence during the term of this Agreement and for a period of five (5) years after termination of this Agreement and not to disclose it to any third person.

Invoices shall be made out in accordance with then-current price lists.

Invoices are due upon receipt of invoice and without deduction. Amounts are payable as specified on the invoice or the transaction document.

You agree to pay accordingly, including any late payment fees like court and lawyers fees or administration costs. Any costs incurred because of delayed payment are charged to your account.

Title to the invoiced goods and licenses will only pass to you when full payment of the invoice is received by inTrace.

You agree that - in conjunction with the business you have been doing with inTrace and in accordance with the law - your company and personal data will be saved and processed in the database of inTrace.

inTrace is entitled to name you as a reference customer.

9.  Applicable Law, Construction Clause and Court of Jurisdiction

This Agreement is made and shall be construed in accordance with the laws of Germany.

If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

Legal domicile is Saarbrücken, Germany. inTrace also reserves the right to start legal action at the court of jurisdiction at your legal business domicile or place of residence