EASE Standard - Renewal Fee, 2 Years

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Licensing Model

What licensing and pricing model do you offer for EASE 5?

With the new version of EASE we are moving to a new licensing model. The software is provided under a time-limited license for a period of one or two years.

Starting with EASE: If EASE 5 is licensed for the first time, an Initial Fee has to be paid:

• One-year license: Initial Fee, 1 Year
• Two-year license: Initial Fee, 2 Years*

Renewal Costs: Upon expiration of the license, the license can be renewed by paying a Renewal Fee:

• One-year license: Renewal Fee, 1 Year
• Two-year license: Renewal Fee, 2 Years**

When renewing the license, the existing feature level can be maintained or any other feature level (JR/Std/Pro) can be chosen, regardless of the feature set of the previous license. Also, the time limit can be different from the previous one.

Upgrading from EASE 4: Customers who already own a license of EASE 4 can currently start directly with the reduced Renewal fees for licensing EASE 5.

• One-year license: Renewal Fee, 1 Year
• Two-year license: Renewal Fee, 2 Years**

After the purchase, the existing EASE 4 license remains unchanged and additionally a license for the new EASE 5 software is delivered.
This is not so much an upgrade within an existing software, but rather the purchase of a new software at a reduced price.

Please note: The renewal of the license is not automatic. The license can be renewed any time before the license term expires or up to 30 days after the license term has expired. After the period of 30 days an Initial Fee must be paid to activate the license again. The license expiration will be displayed in the software for the last 30 days of the license term and you will also receive reminder emails.

Updates are continuously provided within the time limit of the license, free of charge.

In order to find all offerings and prices for EASE 5, please have a look at the EASE 5 product overview. 

The licensing conditions for EASE 5 are detailed in the End User License Agreement (EULA).

* The price for this is calculated as follows: Initial Fee, 1 Year + Renewal Fee, 1 Year - 10 % package discount
** The price for this is calculated as follows: Renewal Fee, 1 Year + Renewal Fee, 1 Year - 10 % package discount

 Purchase Options

Purchase Options

AFMG^® distributes its software directly, worldwide, and in some countries with the support of international distributors. Various purchase options are available:

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Purchase Online at the AFMG Online Store

By clicking the Add to Cart button in the price list below you will be transferred to the AFMG Online Store.

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Contact the AFMG Sales Team

To request written quotes or for any sales-related questions please contact us directly.

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Contact a Local Distributor

If you are looking for pre-sales support in your language or local purchasing options, please check our Distributor´s Network.

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Apply for Educational or Research Licenses

Educational institutions can apply for special Educational or Research License Offers.

Please note that AFMG's general terms and conditions govern all purchases from us.

If you can only purchase based on your company's terms and conditions, this FAQ provides an overview of possible alternatives.

Upgrade Note

How can I change the feature level of my EASE 5 JR or Standard license to Standard or Pro?

You may upgrade to a higher feature level at any point during the license term.

In order to switch, you would have to pay the Renewal Fee of the higher feature level. The remaining full months of your existing license will be credited under the new purchase. At this point the feature level will be upgraded and the new license term will begin.

The licensing conditions for EASE 5 are detailed in the End User License Agreement (EULA).

General Terms & Conditions

General Terms and Conditions - AFMG Technologies GmbH

English | Deutsch

General Terms and Conditions of AFMG Technologies GmbH

1. Scope

1.1   The following Terms and Conditions apply to all contracts of AFMG Technologies GmbH (“Software Developer”) relating to sales, maintenance, installation and other services. They also take precedence over any conflicting terms and conditions of the customer, except where the validity of the latter has been expressly approved.

1.2   Separate contracts, each independent of the other, shall be drawn up regulating the production of software, the provision of coaching and training, support and maintenance for the software, and other services.

1.3   Business relations are entered into only with companies, legal entities incorporated under public law or specialised entities subject to public law. Business dealings are not entered into with customers - natural persons - who are not self-employed or otherwise trading on their own account.

2. Conclusion of contract

2.1   Orders via the online shop of the software developer located at http://store.afmg.eu are placed in the following way: The customer may initiate a purchasing contract covering the items in his shopping trolley by clicking “Pay Now”. This is only possible, however, if he has first accepted these Terms and Conditions by clicking “Accept Terms and Conditions”, thereby linking the Terms to his order. The confirmation of receipt, which AFMG will send immediately and which will contain all the details of the order, does not imply acceptance of the initiated purchasing contract. The purchasing contract is deemed entered into when AFMG dispatches the ordered goods and confirms the dispatch in writing.

2.2   In respect of other services offered by the software developer, including products available through channels other than the online shop, a contract is not deemed entered into until the customer has countersigned the confirmation of contract, the wording of which determines the substance of the contract.

3. Scope of software contracts; licensing conditions

3.1   The software developer will provide the customer with a copy of the purchased software by email or FTP or as a download from the internet address http://downloads.afmg.eu and also with the relevant electronic manual as a PDF, HTML or DOC document. These are intended exclusively for the personal use of the customer. The software developer retains all copyright, in particular rights to all recordings and documentation.

3.2   The customer may also order a duplicate CD for back-up or archiving purposes or for the identification of defects. The replication of recordings or documentation is prohibited.

3.3   The customer must take the necessary measures to prevent third parties from gaining unauthorised access to the software. He must store the software in a secure location that precludes such access. The customer’s employees and colleagues are to be familiarised with the terms of this contract and with the software developer’s ownership of copyright.

3.4   Barring agreements to the contrary, this contract does not cover installation of the software supplied by the software developer.

3.5   The customer may only use a copy of the software on a single computer. Where the customer purchases a multiple-use version, he may use the agreed number of copies on the appropriate number of computers. “Use” encompasses the saving of the software in a temporary storage medium (RAM) or on a permanent storage device (in particular on a hard drive, removable disk, USB stick or CD-ROM).

3.6   The customer may not lease or lend the licence. This restriction includes ceding the licence to a third party with whom he shares office space. If there is transfer to a third party the whole software contract must be transferred, not simply the licence. The third party must accept that the provisions of the contract still apply and the customer will then provide the new party with all copies and back-ups of the programme and the digital manual as a working copy together with any back-ups. In so doing, he forfeits his right to use the software and must de-install the software from his system.

3.7   The transfer of the contract to a third party is valid only if the software developer has been informed in advance and has consen­ted to the transfer in writing. Only in exceptional cases and with good reason will he withhold consent.

3.8   Pursuant to § 69 e UrhG the software supplied by the software developer may not be reconverted, decompiled or disassembled. Modifications to the software are only permissible if they help to correct defects in the software and if the software developer has not corrected said defects within a statutory period.

4. Support and maintenance

4.1   Support and maintenance for the software are provided on the basis of a maintenance contract.

4.2   Maintenance covers the services expressly listed in the confirmation of the order. The minimum level of maintenance involves a hotline service centre, the automated provision of large and medium-sized updates, remote diagnosis and maintenance and an online service for providing interim releases.

4.3   Maintenance services relate exclusively to software produced by the software developer. If the customer sells this software, the software developer is no longer obliged to provide support and maintenance. The   developer will repay to the customer a portion of the fee representing the unused period up to the end of the contract, but only if he has been able to save costs or to make money by providing the services to another party.

4.4   Should the customer fall behind on payment the software developer is entitled to withhold support or maintenance until payments are up-to-date and to demand payment in advance.

5. Other services

5.1   The software developer provides other services to the customer. These will include installation of the software where this has been agreed in writing. Up-to-date information on fees for additional services is available from the software developer. The customer undertakes to bear any costs incurred by the software developer in the course of providing these services, where the costs have been discussed in advance.

6. Prices, conditions of payment, dispatch and delivery

6.1   Prices are as set out on the latest list compiled by the software developer and are exclusive of VAT, postage/packaging and insurance. All sums invoiced are payable immediately. Interest is payable on arrears and is set at 8% above the basic rate pursuant to § 247 BGB.

6.2   Set-off is only admissible in the case of claims that are uncontested, are contested but ready for decision or have been declared final and absolute. The customer has no rights of retention where they are unrelated to this contractual relationship. In exercising a right of retention, the customer may not retain a sum higher than that of his own claim.

6.3   In the case of an online purchase, and where the software developer receives the customer’s order direct, the software will be made available to the customer within three working days of receipt of the order. Where payment in advance is required, delivery will be made only after payment has been received in full by the software developer.

6.4   In all other cases (with offline orders or where a CD or other physical item has been ordered) delivery will be within three weeks unless otherwise specified in the confirmation of contract. The delivery period begins on the day of confirmation of contract. The software developer will enter the date on the confirmation.

6.5   Should the software developer be prevented by unforeseen and unavoidable circumstances from complying with his delivery obligations, the delivery period shall be extended commensurately. Where this is the case, the software developer will inform the customer without delay. The date for determining whether the delivery deadline has been met is the date of dispatch of goods.

6.6   Where the software developer is accountable for failing to honour a delivery deadline the customer may extend the deadline by an appropriate period. Only when this extension period has elapsed without delivery being made can he withdraw from the contract.

6.7   Responsibility for the software is transferred to the customer at the moment when the goods are entrusted by the software developer to the postal service, courier or haulier.

7. Reservation of title

7.1   The software developer retains ownership of all data storage media and other goods until payment has been received in full of all sums outstanding at the time of supply of goods relating to this contract between the customer and the software developer. It is the duty of the customer to diligently safeguard and adequately insure all products that remain the property of the software developer.

7.2   The software is supplied free of third-party property rights. Should a third party accuse the customer of infringing his industrial property rights in respect of the software supplied, the customer must notify the software developer immediately. The two contracting parties will then consult on how to respond.

8. Claims arising from defective goods

8.1   The customer undertakes to examine the software and the associated manual for defects within two weeks of receipt, and in particular to ensure that no components are missing, that the manual is complete and that all the key features of the programme function as they should. Before a third week has elapsed the customer should have notified the software developer, in writing, of any defects identified and any problems that can be identified in the course of a regular inspection. Notification should include a detailed description of all faults. Should the customer fail to examine the goods and report defects within the said period, the software is deemed to be faultless and the transaction to have been approved.

8.2   Should steps have to be taken by the software company to correct a defect, it is the responsibility of the customer to back up important files prior to repair works being carried out.

8.3   The customer is not entitled to claim compensation for defects arising from mistakes caused by damage, incorrect connections or incorrect operation. Neither is the software developer liable for damage resulting from modifications to the goods and services by the customer or third parties, unless the customer can demonstrate that said modifications do not seriously impede the software developer in his efforts to analyse and correct the problem and that the defect was already present when the customer took possession of the software.

8.4   Should the customer withdraw from the contract, he shall pay to the software developer an appropriate fee reflecting his usage of the software up to the date of withdrawal. This user fee is calculated on the basis of a three-year depreciation period.

8.5   Claims arising from defects are subject to a statute of limitations of one year, starting from delivery of goods.

8.6   The software developer is liable for defects in the software pursuant to the law governing the sale of goods:

9. Limitation of liability

9.1   The software developer is fully liable for loss of life, bodily harm or compromised health resulting from negligence and breach of obligations on his part or from deliberate or negligent breach of obligations by one of his agents or assistants.

9.2   In the case of other liability claims the software developer shall be fully liable only where the software is found not to possess the advertised features and functions or where it can be demonstrated that the software developer or his agents or key employees are guilty of premeditation or gross negligence. Where the fault can be attributed to other assistants or lower-echelon employees the software developer shall be liable only in respect of ordinary negligence as set out in Point 6.4.

9.3   In respect of ordinary negligence the software developer is liable only where he is in breach of an obligation whose observance is of special importance for the fulfilment of the purpose of the contract (cardinal obligation).

9.4   Barring invocation of Point 9.1, liability for loss of data is limited to the standard cost of recovery that would have been incurred in the course of regular backing up of data commensurate with the risk of loss. Liability as set out in the Product Liability Act (Produkthaftungs­gesetz) remains unaffected.

9.5   The above provisions also apply in favour of the colleagues and assistants of the software developer.

10. Final provisions

10.1   Contracts between the software developer and the customer are interpreted exclusively in accordance with the law of the Federal Republic of Germany.

10.2   Place of fulfilment for both parties is the office of the software developer in Berlin. Berlin is also the legal venue.

10.3   In a case where one or more provisions agreed on by the contracting parties become, or are found to be, invalid, this shall not affect the validity of the remaining provisions. An invalid provision shall be replaced by one that most nearly reflects the purpose of the original provision as intended by the contracting parties. If the provisions of this contract are found not to cover all eventualities, the lacuna is to be filled with a provision or provisions that the parties would have agreed on if full account had been taken of the legal position, the matter at hand and the legitimate interests of each party.

 

Version: 1.3
Berlin, December 1, 2021

Document

T&C AFMG Technologies GmbH_December 01, 2021 - v1.3 | pdf | 119.08 KB

Additional Sales Terms

Additional Sales Terms

Additional Sales Terms

• Prices do not include VAT. Depending on the origin of the customer and the type of product, VAT might be charged in addition to the net price.

• Valid prices at any time are the ones listed in this document. Other, possibly older printouts, prices cached in search engines, outdated proposals etc. are not applicable.

• All prices are subject to change without prior notice.

• At any time, the price provided in Euro (€) is valid. Prices provided in other currencies are approximate and provided for rough orientation only.

• In principle, only one discount can be applied to any purchase.

• If authorities in the land of the customer's origin or the customer himself demand original documents in paper form, the customer accepts additional courier costs of 60 EUR within the EU or of 120 EUR per shipment outside of the EU. These costs need to be paid by the customer prior to shipment and will be noted as a separate line item on the final invoice. If the customer decides to employ his own forwarder, only the costs for the original document (30 EUR) apply.

• If you purchase an upgrade or module for only a subset of User Keys, we will split your license. Your existing license will remain with a reduced number of User Keys. You will receive an additional new license with the new feature scope for the respective number of User Keys. Does not apply for EASE 5 (1 User per license).

• Certain license-related services, updating of company data in licensed programs, transfer of licenses etc. may be possible at a service charge of 50 € net.

• Delivery principally is by download from our website. After settlement of payment and credit entry, you will receive an email with your license information.

• Manuals and/or tutorials are included in the online help and documentation of the programs.

• All paid software licenses include 6 months of email and telephone support for installation, licensing, or technical software issues as part of the purchase. This service does not apply to trial or educational licenses. Project consulting services are not part of the software purchase.

• Most of our software, manuals and tutorials are provided in english language only.

• Installation CDs/DVDs and manuals/tutorials can be ordered separately and at extra cost if desired. Delivery may be by an external service partner of AFMG.

• Educational institutions such as schools or universities can apply for special educational or research license offers.

EULA

EULA - EASE 5-TE

EASE 5 Third Edition¹⁾ - End User License Agreement

 

AFMG is a worldwide leader in the development of software for the pro-audio industry. AFMG has developed, amongst other programs, and is the sole owner of the Software EASE, currently available in its version 5 Third Edition (hereinafter “EASE 5-TE”, or the “Software”). The EASE software suite provides sound system designers and acoustic consultants with a set of tools for all aspects of professional practice, from detailed, realistic modeling and simulation of venue acoustics and sound system performance to informative and engaging client presentations, as well as professional data assessment and verification. The Software is provided by AFMG or authorized distribution partners (AFMG’s “Partners”).

This end user license agreement (“Agreement”) governs the legal relationship between AFMG Technologies GmbH, Borkumstr. 2, 13189 Berlin, Germany (“AFMG”), and the commercial end user of the Software (“User”). As AFMG does not license the Software to private end users, this Agreement does not apply to those. By paying the License Fee in the order process, or by downloading the Software from AFMG’s or its authorized Partners’ websites, the User unconditionally accepts the terms and conditions of this Agreement.

 

1.    Subject of the Agreement

1.1.    The subject of this Agreement is the provision of EASE 5-TE against payment of the License Fees as set forth in Section 5 for a limited period of time.

1.2.   AFMG provides the Software for download from its web portal available at http://downloads.afmg.eu. AFMG provides the User with the number of user keys purchased by the User. Each user key purchased by the User (“User Key”) allows for the User to use the Software for the term of the Agreement on one (1) computer at a time while the installation on several computers is allowed.

1.3.    The establishment and maintenance of a functional hardware and software environment is the sole responsibility of the User. The minimum system requirement for the installation of the Software is Microsoft Windows 7 (64-bit).

1.4.    AFMG does not provide and has no obligation to provide the User with the source code of the Software.

1.5.    The User shall observe all instructions provided by AFMG for the installation and operation of the Software.

 

2.    Granting of Rights

2.1.    AFMG grants the User a time-limited, non-exclusive, non-sublicensable and non-transferable right for the term of this Agreement to use the Software on a number of computers only. This number corresponds to the number of User Keys purchased from AFMG or AFMG’s Partners.

2.2.    Reproduction of the Software is only permitted insofar as it is necessary for use of the Software in compliance with this Agreement. The User may produce backup copies of the Software as is necessary and in keeping with good practice. Backup copies on removable data storage media must be labeled as such and must bear all copyright and proprietary notices.

2.3.    The User is not authorized to change, adapt, arrange or otherwise modify the Software unless expressly allowed under the applicable copyright law or upon prior written consent by AFMG.

2.4.    The User must not transfer or sublicense the Software to third parties without prior written consent by AFMG.

2.5.    AFMG remains the sole owner of all rights in and to the Software and reserves all rights not granted to the User under this Agreement.

 

3.    Technical Support and Maintenance Updates

3.1.    AFMG shall provide the following technical support services (“Technical Support”) to the User:

•    E-mail support within AFMG’s regular business hours;
•    Telephone support within AFMG’s regular business hours;

Technical Support shall be provided for a period of six (6) months after the date of the conclusion of the Agreement.

3.2.    Furthermore, AFMG shall provide the following maintenance support services (“Maintenance Updates”) to the User:

•    Bugfixes for the Software;
•    Adaptations of the Software in the event of changes to the current operating systems;

The scope and provision of Maintenance Updates lies in the sole discretion of AFMG. Maintenance Updates should be provided unless terminated by AFMG. AFMG will notify the User at least one (1) year prior to the termination of Maintenance Updates.

3.3.    Technical Support and Maintenance Updates shall be provided by AFMG free of charge.

3.4.    AFMG is entitled to terminate the provision of support services for good cause. In this event, AFMG shall notify the User about the termination. With the termination of the support services, all rights to use the Software and/or the Upgrade (see Section 4) shall immediately cease and the User is no longer entitled to use the Software and/or the Upgrade.

 

4.    Term of the Agreement

4.1.    AFMG offers two licensing models for EASE 5-TE, a “One-year license” and a “Two-year license”.

4.2.    The “One-year license” has a fixed term of twelve (12) months. The “Two-year license” has a fixed term of twenty-four (24 months).

4.3.   The term of the agreement begins with the provision of the Software as set forth in Section 5.2.

4.4.    There is no automatic renewal of the Agreement.

4.5.    In the event the User wishes to renew the Agreement, the User has to conclude a new license agreement with AFMG according to the terms and conditions then applicable. AFMG may reach out to the User prior to the end of the term about the options to conclude such new license agreement.

4.6.    During the term of the Agreement, the User has the option to upgrade its license to a higher plan, i.e., to a version of the Software with more features than provided under the license initially agreed upon. Upon request of the User, AFMG shall provide the User with information on the versions of the software available for such upgrade and the respective license fees. In the event the User chooses to upgrade the license to a higher plan, this Agreement terminates and will be replaced by the newly concluded license agreement. In the event the User upgrades to a higher plan within the term of the license, AFMG may offer to offset the License Fees, according to the Schedule of Fees, in whole or in part, for the remainder of the term time period of this Agreement initially agreed upon, against the license fees payable for the higher plan under the new agreement.

4.7.    The User and AFMG have the right to terminate the Agreement for good cause prior to the end of the respective fixed term.
 

5.    License Fees

5.1.    The license fees to be paid by the User to AFMG and details regarding the available packages are specified in the Schedule of Fees in the version applicable at the date of the conclusion of this Agreement. The Schedule of Fees is available on AFMG’s website at https://www.afmg.eu/ease.

5.2.    AFMG shall provide the Software after prepayment by the User. AFMG shall provide the respective download link by e-mail generally within two (2) business days. 

 

6.    Limitations of Liability

6.1.    AFMG shall not be liable for any claims for damages or any claims for reimbursement of wasted expenses, regardless of the type of violation involved and regardless of the legal grounds, except:

a)    In cases of damage from injury to life, body or health due to negligent breach of duty by AFMG or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of AFMG;
b)    In cases of other damage arising from a grossly negligent breach of duty by AFMG or from an intentional or grossly negligent breach of duty by a legal representative or a person used to perform an obligation of AFMG;
c)    In cases involving personal injuries or damages recoverable under the German Product Liability Act (Produkthaftungsgesetz), where liability shall be governed by applicable law, regardless of default.

6.2.    Except as provided in Section 6.1. above, AFMG shall not be liable for any damages, including, without limitation, financial losses of any kind.

6.3.    The strict liability for damages for defects which already existed at the time of conclusion of the Agreement is excluded.

 

7.    Indemnification

7.1.    The User shall fully indemnify AFMG from all third party claims, which arise from any illegal, culpable use of the Software by the User. This includes in particular patent claims, copyright claims or other commercial intellectual property right claims as well as claims arising from a violation of personal rights or from the unauthorized collection, storage and application of personal data. The User will indemnify and hold harmless AFMG from all legal fees reasonably incurred by AFMG that are attributable to any such claim.

7.2.    In the event the User learns or must learn that the infringement of such right is imminent, the User shall immediately inform AFMG.

 

8.    Trademarks

Unless otherwise agreed between the parties in writing, the User shall only use AFMG’s trademarks in accordance with AFMG’s Trademark Guidelines which can be accessed on AFMG’s website at https://www.afmg.eu/trademarks.

 

9.    Jurisdiction, Governing Law, Final Provisions

9.1.    Any disputes arising from or in connection with this Agreement shall be determined by a court of competent jurisdiction in Berlin, Germany.

9.2.    This Agreement shall be governed by and construed in accordance with the laws of Germany. For the avoidance of doubt, the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

9.3.    This Agreement reflects the entire agreement between the parties. The parties have entered into no oral or written collateral agreements with respect to the subject matter hereof. Any terms and conditions of the User do not apply. For the avoidance of doubt, it is expressly agreed between the parties that this Agreement shall prevail over any terms and conditions used or referred to by the User.

9.4.    If any provision of this Agreement shall be held invalid, the validity of the remaining provisions shall remain unaffected thereby. Any invalid provision shall, to the extent permitted by law, be replaced by such valid provision as most closely reflects the commercial intent and purpose of the original provision. The forgoing shall apply respectively if any provision shall have been inadvertently omitted from this Agreement.

 

¹⁾ Includes usage of predecessor versions EASE 5 First Edition and EASE 5 Second Edition.

Version: 1.4
Berlin, November 05, 2024

AFMG Technologies GmbH Company Data

AFMG Technologies GmbH
Borkumstr. 2
13189 Berlin
Germany

Management:
Prof. Dr.-Ing. habil. Wolfgang Ahnert
Dr. rer. nat. Stefan Feistel
Registered at:
Berlin-Charlottenburg    HRB 115012 B
VAT-ID:    DE261093044

Document

EULA for EASE 5-TE_November 05, 2024 - v1.4 | pdf | 194.52 KB

Data Protection Policy

Data Protection Policy for EASE 5 Third Edition

Overview

1. General

1.1. Data Controller and Data Processor identification
1.2. Definitions

2. Automated data processing via the Software

  2.1. To activate and deactivate the Software
  2.2. To send Software error information as well as usage data to AFMG
  2.3. To notify about available software updates

3. Recipients of the Personal Data

4. Your rights as a Data Subject

 

1. General

  1.1. Data Controller and Data Processor identification

The Data Controller in relation to the processing of personal data via the EASE 5 Third Edition software is AFMG Technologies GmbH (hereinafter: “AFMG”, “we”, and “us”), Borkumstr. 2, 13189 Berlin, Germany. Tel.: +49 (0)30 467 092 – 30, Fax.: +49 (0)30 467 092 – 27, email: @email.

AFMG´s Data Processors in this context are:
•    Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA (server hosting); and
•    IP-Projects GmbH & Co KG, Am Vogelherd 14, 97295 Waldbrunn (server hosting).

  1.2. Definitions

Personal Data means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

GDPR is an abbreviation for REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).  

Data Controller means the entity that determines the purposes and means for the processing of Personal Data.

Data Processor means the entity that processes Personal Data on behalf of the Data Controller.

Sub-processor means any Data Processor engaged by AFMG’s Data Processors, such as UseResponse, Mailchimp or their affiliates, to assist in fulfilling their obligations with respect to providing services as Data Processor to AFMG.

Back to overview

2. Automated data processing via the Software

  2.1. To activate and deactivate the Software

  Explanation and purposes of processing

When starting the Software and it is not activated, for instance at its very first start, you are required to activate the Software before it can be used. As part of the activation process, we collect Personal Data from you to generate a license key, which is stored on your computer to verify the proper licensing of the Software.

The following data is collected for this purpose:

• Log-in credentials (email and password)
• Time of log-in and license activation
• License selected by you for activation (if several are available under your account)
• Hardware information (BIOS version, CPU information, etc.) to generate a hardware key on which the license is based
• Possibly further information voluntarily provided by you during the licensing process, such as the computer name.

Except for the information voluntarily provided by you, this data will be used to generate the license key and for support purposes with regard to licensing and will not be further stored. It cannot be reconstructed from the license key.

Additional information provided by you during the licensing process, such as the computer name, is stored for support purposes.

At any moment you can deactivate the Software. This process removes the installed license key from your computer and e.g. allows the software to be activated on a different machine.

The following data is collected for this purpose:

• Log-in credentials (email and password), depending on the setting defined by you or other user during Software activation for “Permission for Software Deactivation”
• Installed license key information

Furthermore, at every startup of the Software, information related to the installed license key is automatically sent to AFMG for verification of its validity. If for any reason the installed license key is no longer valid, it is removed from your computer and the software is deactivated.

The collected Personal Data described in this section will be stored and processed only for as long as it is required for the purposes for which it has been collected, provided no exception as per Art. 17 (3) GDPR applies. Art. 17 (3) GDPR lays out the exceptional conditions for not erasing Personal Data.

  Legal basis

The legal basis for the processing is Art. 6 para. 1 sentence 1 lit. b GDPR. Data processing is necessary for the purpose of fulfilling the contract in order to ensure proper licensing of the software used.
 

  2.2. To send Software error information as well as usage data to AFMG

  Explanation and purposes of processing

In order to assist us with the development of the Software, and to allow us to better understand how users utilize the software so that we can make improvements to it, you have the option to provide AFMG with some Personal Data that is collected in an anonymous way, and automatically via the Software.

At first startup, you have the possibility of selecting the type of information that you would like to provide to AFMG via a dialog window:

• Anonymized error information activates the sending of an error log, including time stamps and the Software version number, to AFMG every time a critical error in the Software occurs. This allows AFMG to identify the error incidence and provides information that usually helps us investigating the cause of the problem.
• Anonymized usage data, e.g. session duration activates the sending of anonymous software usage data to AFMG every time the software is closed. At this point, only information regarding the session duration, including time stamps and the Software version number, are collected.

The processing starts only after you select the type of information you would like to provide and press the “Confirm Selected” button, or by pressing the “Allow both” button.

The collected Personal Data described in this section will be collected and stored in pseudonymized form by us until you revoke consent or until the Software development expires. The data will be stored and processed only for as long as it is required for the purposes for which it has been collected, provided no exception as per Art. 17 (3) GDPR applies. Art. 17 (3) GDPR lays out the exceptional conditions for not erasing Personal Data.

  Consent

The above data processing takes place on the basis of your consent, given when you mark the type of information to be provided and confirm the selection by pressing the “Confirm Selected” button, or by pressing the “Allow both” button, via a dialog window that appears at Software startup. This window includes the following content:

“We would like to ask for your help! 

We want to improve EASE continuously and make it better for everyone. Please support our effort by providing some bits of data in a completely anonymous way:

[  ] Anonymized error information
[  ] Anonymized usage data, e.g. session duration

The information will be sent to our server when an error occurs or when the application is closed. The data will be collected, used and stored as detailed in section 2.2. of our data protection policy.

You can change your preferences and revoke consent at any time via the application settings.

[Confirm Selected]   [Allow both]”

You have the possibility of changing the preferences above, and revoking consent granularly through the Software settings at any time with effect for the future.

  Legal basis

The legal basis for this data processing is Article 6 (1) sentence 1 lit. a GDPR. 
 

  2.3. To notify about available software updates

  Explanation and purposes of processing

We provide updates for the Software frequently as part of the end user license agreement (EULA), article 3.2. These typically include bug fixes as well as new functions. Software updates are important in order to deliver bug fixes for critical security issues as well as to ensure proper functioning of the Software.

In order to inform you about the availability of a new version for the Software, the Software connects to the AFMG web server regularly. If the Software detects that the locally installed version is older than the last one made publicly available it indicates so in the main window. The Software will typically make such a request to the AFMG web server once or twice a day while it is running.

When the Software connects with the AFMG web server, information collected and processed through technically automated means is sent to our Data Processor´s servers, which are located in Germany.

The following information is automatically processed:

• The IP address of your computer or other end device (e.g. tablet)
• Date and time of the request

The IP address of your device is necessary for technical reasons, so that the connection to the AFMG web server can be established. The service cannot be accessed and operate properly without this data being processed. In addition, the IP address related to the access is saved in server log files to be used for internal system administration and maintenance, as well as for statistical purposes.

The collected Personal Data described in this section will be stored and processed only for as long as it is required for the purposes for which it has been collected, provided no exception as per Art. 17 (3) GDPR applies. Art. 17 (3) GDPR lays out the exceptional conditions for not erasing Personal Data.

  Legal basis

The legal basis for the processing is Art. 6 para. 1 sentence 1 lit. b GDPR. Data processing is necessary for the purpose of fulfilling the contract in order to inform the user about updates available for the Software.

Back to overview

3. Recipients of the Personal Data

Processors

The storage and processing of the Personal Data collected by automated means via the Software as described in section 2 is carried out by Microsoft Corporation, as well as IP-Projects GmbH & Co KG, on behalf of and based on instructions provided by AFMG. The hosting of the data takes place exclusively on servers within the European Union.

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4. Your rights as a Data Subject

You may exercise certain rights regarding AFMG’s processing of the Personal Data that relates to you.

Right to rectification

You have the right to obtain from AFMG the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement (Art. 16 GDPR).

Right to erasure

You have the right to obtain from AFMG the erasure of Personal Data concerning you (Art. 17 (1) GDPR), provided no exception as per Art. 17 (3) GDPR applies.

Within 30 days after we have received your request, we will permanently delete the Personal Data concerning you.

Right to revoke consent

You have the right to revoke consent to the collection and processing of your data at any time and with effect for the future. Consent can be revoked granularly through the Software settings.

Right to object to processing on the basis of legitimate interests

To the extent that processing of data is based on Art. 6 (1) (f) GDPR ("legitimate interests"), you have the right, under Art. 21 GDPR, and on grounds relating to your particular situation, to object at any time to the processing of Personal Data concerning you.

In the case of an objection, AFMG will no longer process the personal data, unless the processing serves the assertion, exercise, or defense of legal claims or AFMG can prove necessary, legitimate grounds for the processing that override the interests, rights, and freedoms of the Data Subject.

Right to access your data

You have the right, under Art. 15 GDPR, to obtain from AFMG confirmation as to whether or not Personal Data concerning you are being processed and, if applicable, to obtain a copy of the Personal Data undergoing processing.

You have the right to request confirmation from AFMG as to whether we are processing Personal Data concerning you. If this is the case, you have the right to access the Personal Data and the information specified in Art. 15 GDPR in conjunction with § 34 BDSG. This shall not apply if:

• The data is only stored because it may not be deleted due to legal or statutory storage obligations; or 
• Exclusively serves the purpose of data security or data protection control.

Right to restrict the processing of your data

In certain cases, you have the right to obtain from AFMG restriction of processing of Personal Data concerning you. These cases are laid out in Art. 18 (1) GDPR.

Right to portability 

You have the right to receive the Personal Data concerning you, which you have provided to AFMG, in a structured, commonly used, and machine-readable format and have the right to transmit those data to another Data Controller, in the cases laid out in Art 20 (1) GDPR.

Right to lodge a complaint with a supervisory authority

You have the right to lodge a complaint with a supervisory authority, in particular within the Member State of your habitual residence, place of work, or place of the alleged infringement if you consider that the processing of Personal Data relating to you infringes the GDPR (Art. 77 GDPR). Please refer to your local data protection authority for more information. On the European Commission website, you can refer to the list of data protection authorities within the European Economic Area. 

Berlin, November 05, 2024
Version: 2.1

We may review and, where necessary, update this data protection policy. If we plan to use the Personal Data of users of the Software for a new purpose, that is incompatible with the original purposes for which consent has been provided, we will update this policy and request consent for the new purpose. 

 

Document

Data Protection Policy for EASE 5 Third Edition_November 05, 2024 - v2.1 | pdf | 185.39 KB

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