In the course of such Software Subscription, BOC Group grants the client a limited, non-exclusive, non-transferable licence to use the software in the manner intended and to the extend prescribed in the order form and the terms and conditions of this agreement.

This licence does not include the right to sublicence or to pass account details to third parties.

The licence shall remain effective only as long as the subscriber and all associated users are in full compliance with all the terms and conditions and shall terminate automatically if any user fails to comply with any such term or condition or upon expiration or cancellation.

Software Subscriptions expire at the end of their defined lifetime or according to the defined cancellation period.

Every Software Subscription follows the “Named Use” principle (NU). Therefore, the right to use is assigned to specific users and exclusively grants personal access to the Software for these users.

Software Subscriptions allow the subscriber and its associated users to store account data in the software product provided. BOC Group is not responsible for any of the data stored by the subscriber or any associated user.

In particular, BOC Group is not obliged to check whether the data stored violates applicable law, copyrights, registered trademarks, or competition regulations.

For details on data retention, please see the corresponding section of the specific service in our privacy policy.

Liability for data loss is excluded.

The client shall treat the access credentials required for using the Subscription Service with confidentiality and shall set up the necessary technical conditions in his infrastructure such that he can access the operating environment via the Internet.

BOC Group is entitled to block the client’s access to the Software if it has reasons to suspect that the client is involved in internet activities that threaten the security of the BOC Group infrastructure or that of a third party. This blocking may only occur for the duration of the threat. Any costs incurred by BOC Group in this context shall be borne by the client.

The client expressly agrees to refrain from carrying out attacks on the operating scenario for security checks, capacity tests, or the like. In exceptional cases, BOC Group may consent in writing to such tests being carried out. However, any such agreed tests require prior written consent from BOC Group, must be announced in writing with an appropriate lead time, and may only be executed at the agreed times and within the agreed scope.

The operations services are provided by BOC Information Technologies Consulting GmbH, Operngasse 20b, 1040 Vienna, on behalf of BOC Products & Services AG.

Furthermore, the specific Service Descriptions and Licence Terms below apply.

Limitation of Liability  

Neither party can be held liable for pure financial loss, loss of profit, expected savings that did not occur, and other losses due to claims of third parties.

Liability for loss of data in the event of slight negligence shall be limited to the typical cost of restoration. This shall be calculated based on the damage that would have occurred if reasonable backup measures had been taken in accordance with the associated risk (e.g. making backup copies).

Neither party is liable for damages that are attributable to circumstances beyond their control. This applies in particular for damages caused by the acts of third parties (such as in particular hacking) or by force majeure. Liability against BOC is excluded if arising due to independent actions of the client, the network environment used by the client or circumstances located in the sphere of the client.

If the client does not fulfill his duties of collaboration as described here to the agreed extent, the liability of BOC for damages resulting from this failure is excluded.

BOC is exempt from all obligations described in the Agreement if programme changes are carried out in the software programmes that form the subject of this contract without the prior consent of BOC or if the products or services are not used in the designated manner.

In addition, the contracting parties shall only be liable if there is a breach of an essential provision of the present contract. The amount of liability for each event causing damage is limited in total to the remuneration paid or payable in the calendar year concerned for the Service in question.

Damage claims shall become time-barred according to the statutory provisions, but not later than one year from the beginning of the statutory limitation period.

The liability limitations as set out in this section do not apply in the event of willful intent, gross negligence, injury to life, body, or health, or to the extent that the Product Liability Act applies.

The licence for ADONIS/ADOIT Community Edition is valid for 60 days after registration and renews automatically upon each login to ADONIS/ADOIT Community Edition. In addition, ADONIS/ADOIT Community users receive free access to selected e-learning content. The use of this e-learning content is governed by section E-Learnings.

Users of ADONIS/ADOIT Community Edition are not entitled to any technical support, email, phone or personal support, or updates for the software or services licenced under this agreement.

BOC Group provides updates to ADONIS/ADOIT Community Edition at its own discretion and provides the service only until further notice. BOC Group has the right to schedule and execute downtimes for maintenance at any time.

After expiration of the ADONIS/ADOIT Community account, the account content data will be exported and retained for three hundred sixty five (365) days and will be permanently deleted after this period.

Within this period, the exported data will be made available for download or deletion in a private email link.

For more details on the Software Subscription, please refer to the section: Software Subscription (Self-Service Offering)

It can be ordered online in self-service with credit card payment and is based on a monthly subscription for recurring payments.

The recurring service fee will be charged to the subscriber’s credit card monthly in advance, starting at the date of placing the order.

The subscription to ADONIS  Starter Edition can be canceled by both parties at any time. Cancellation has to be provided in writing one (1) week before the end of the current subscription period to be effective at the end of the current period.

If this cutoff is missed, the subscription is renewed automatically for another one (1) month period and is then canceled automatically.

After termination of the ADONIS Starter Edition, the account content data will be exported and retained for six (6) months and will be permanently deleted after this period.

Within this period, the exported data will be made available for download upon the subscriber’s request.

Termination by the client must be directed to BOC Information Technologies Consulting GmbH per email: support@boc-cloud.com

The general availability of the Starter Edition is 24/7/365. Nevertheless, BOC Group guarantees a service availability of 99% within the defined service hours:

Monday – Friday, 08.00-18.00 CET (excluding announced maintenance slots and Austrian bank holidays).

Downtimes resulting from any causes beyond the control of BOC Group, such as downtimes of infrastructure services, third party services, software, hardware, or telecommunication failures or force majeure, or failures that are not reasonably foreseeable by BOC Group are excluded from the Service Availability calculations.

Subsequent releases of the product and fix levels will be made available to the client. The product that has been extended/amended by releases or fix levels is subject to the same licence agreement as the product version originally acquired.

For technical questions about the product, as well as for the reporting of incidents, qualified staff of the client may contact the BOC Group Support directly.

Every incident report requires a clear, comprehensible description in order to ensure the reproducibility of the relevant circumstances.

Incidents shall be classified in accordance with the following scheme:

·       An incident that inhibits operation is deemed to exist if the use of the product is not possible at all in productive operation.

·       An incident that obstruct operation is deemed to exist if the use of the product is possible in productive operation, but there are severe limitations to the usage.

·       A minor incident is deemed to exist if the use of the product in productive operation is possible with slight restrictions, or if there is an incident in the product in a test or development system.

Rectification of the incident may also take place via a product release, fix level, measures at the infrastructure level, an appropriate workaround solution or via indication of customer-side remedial measures.

However, in no event is the client entitled to inspect the source code.

To lecturers, the programme provides lecture content, access to the Business Process Management and Enterprise Architecture community, and free, cloud-based, multi-user accounts of BOC Group’s Business Process Management tool ADONIS or BOC Group’s Enterprise Architecture tool ADOIT for use in teaching at academic institutions worldwide.

After termination of the Academy Account, the account content data will be exported and retained for fourteen (14) days and will be permanently deleted after this period.

Within this period, the exported data will be made available for download upon the lecturer’s request.

For more details on the Software Subscription, please refer to the section: Software Subscription (Self-Service Offering)

These apps allow the connected M365 users to access the content of BOC Products.

Additionally, users might be requested to complete a survey, including company and use-case specific questions before the demo.

The access to a specific e-learning course or subscription expires automatically after the indicated time period from the starting date. If no time period is stated, minimum 1 month applies.

BOC Group grants registered users, for whom the indicated fee was fully paid (if agreed), a limited, non- exclusive, non-transferable license to view and display the training or e-learning sessions and the related content for the aforesaid time period, in the manner intended and to the extent of the terms and conditions of this agreement.

The content (training materials, graphics, videos, sample content, case studies, …) should only be viewed by the registered person and it is strictly forbidden to record or reproduce the content in any way.

The content provided is produced with best interest and care. Nevertheless, BOC Group is not liable for correctness, relevance and quality of the content, neither can BOC Group guarantee a learning or training success.

Users are responsible for the content of exchanged files and agree not to misuse the service.

The service is provided on an “as-is” and “as-available” bases and BOC Group makes no warranties for the availability of the service. Users are required to maintain regular backups. BOC Group is not responsible for recovery or backup of the uploaded data.

You can find a list of potential partner companies per region here: https://www.boc-group.com/en/partners/#partner_list

The content provided has been prepared with the greatest care. Nevertheless, BOC Group does not guarantee the accuracy, relevance and quality of the content. Any liability of BOC Group for incorrect content is explicitly excluded.

Sharing or passing on user credentials to access the Online Platform is expressly prohibited.

Other data, such as database content or system logs, are – if requested from the client – typically processed through the Fast File Exchange Service (see corresponding section for processed data) and hence are not processed in the online ticketing system.

Videos that exclusively focus on you personally (e.g. event experience statements, short interviews etc.), will only be produced, recorded and used following your explicit oral consent during the event. BOC Group reserves the right to use, reproduce, and distribute these materials without further notice or compensation to the individuals captured in the media.

• For virtual events, the service includes:
• Providing access to live webinars for timely registrants,
• Access to on-demand webinar content,
• Distribution of recordings to webinar registrants,
• Handling of participant inquiries through email or phone,
• Evaluation of attendance data for follow-up purposes.

Recording and Use of Virtual Events:

Most of our webinars will be recorded and may be reused for information and marketing purposes. We will make this transparent within the webinar or at its registration. Please note that we are not in control of the information you are sharing during a webinar and therefore advice you to not share any sensitive information during such webinars. Your comments (text, voice, video) and other interactions with the speaker can become part of the recording. In the event of any reuse, however, we will ensure that, as far as possible, no personal participant data is visible.

Limited Use of Virtual Event Content:

BOC Group grants registered participants the limited, non-exclusive, non-transferable right to view the content provided within a webinar for its intended purpose. Therefore, sharing or passing on user credentials to access a webinar is expressly prohibited. BOC Group is entitled to revoke granted rights at any time, especially if participants are disturbing the session.

The content provided has been prepared with the greatest care. Nevertheless, BOC Group does not warrant the accuracy, relevance and quality of the content. Any liability of BOC Group for incorrect content is explicitly excluded.

The recording or individual excerpts of the content (visual and audio) shown in the webinar are strictly prohibited in any form for participants.

For further service-specific terms, please refer to the section: Photo and Video Documentation at Events