The German version shall be authoritative in cases where a translation deviates from the original German version of these General Terms and Conditions.
1. Slideflight GmbH, of Bayerstraße 1, 80335 Munich, Germany ("Provider) operates the "Beamium" service, which allows lecturers and presenters ("Presenters") to share their presentations and supplemental information ("Presentations") to their respective audiences ("Users") via an internet browser (the "Portal") by making them available for download by Users (der "Service"). The Organizer can be licensee in the context of Conference Licenses as well.
2. Provider's Services
2.1 The subject of this contract is the provision, solely during the term of this contract, of the Software and the rights required to give effect to this contract, together with the provision of the Software for download by the User over the internet during the term of this contract.
2.2 The Provider shall make a copy of the Presentation Software in digital form for download available to the Licensee.
2.3 The Licensee shall receive the non-exclusive, non-transferable right, for the duration of the term, to use the Software in accordance with the provisions set out herein. The right to grant any sub-license in the Software is hereby excluded. The Provider offers the following licensing models:
a) The “Private License” is a cost-free License solely for the private usage of the Software.
b) The “Business License” is a License liable for costs for the private and/or commercial usage.
c) The “Conference License” is a License liable for costs for the private and/or commercial usage with the extended potential use for Conference Organisers as defined in § 2.
d) The cost-free “Trial License” for the trial period of 30 days which includes a commercial usage.
In addition, the specifications on the website for the particular license apply for the scope of the permitted usage for the user. As far as not stated differently explicitly elsewhere, the usage of the Software on Servers is prohibited.
2.4 The Licensee shall not be entitled to assign or transfer the Software provided to him to any third party. Only in the context of Conference Licenses, the Licensee is allowed to provide the presentation Software for to presenters for its utilization free of charge. Without limitation, the Licensee shall in particular refrain from reselling, lending, renting out, or otherwise sub-licensing the Software.
2.5 If the Licensee breaches any of the provisions set out above in 2.3 or 2.4, all usage rights granted by this contract shall cease with immediate effect and shall automatically revert to the Provider. Upon such occurrence, the Licensee shall cease use of the Software in its entirety without delay.
2.6 The Provider makes the Portal available as-is in their current form. The Provider plans to offer additional functionality and reserves for itself the right to modify the whole of the Service and its functionality (or any part thereof), and to offer services and functions that may differ from the Service, provided that it shall not exercise such right unreasonably to the detriment of the User.
2.7 The Provider warrants that the Service shall achieve availability during each calendar month of 98% ("Availability"). Non-availability shall apply when the Service is not wholly available as a result of circumstances within the control of the Provider. Non-availability shall not apply if the Service is unavailable as a result of
a) force majeure;
b) internet connectivity issues;
c) user error or breach of contract on the part of the Licensee and/or the User; or
d) planned maintenance (cf. clause 2.8).
2.8 The Provider may temporarily suspend the Service for maintenance ("Planned Maintenance"). Planned Maintenance take place during the maintenance slots between 23:00 and 08:00. The Provider shall give the Licensee not less than two days' prior notice of planned maintenance via the webpage located at www.beamium.com. The duration of planned maintenance within any month shall not exceed twelve (12) hours.
2.9 The Provider shall provide support for the Service only to the extent specifically agreed between the Parties.
2.10 Rights in the Software as against the Licensee are exclusively reserved to the Provider. Save as expressly permitted herein, any distribution of the Software to any third party is hereby prohibited.
3. Use of the Service
3.1 Presenters may transmit an electronic link giving access to the Presentation (hereafter the "Presentation Code") to an unlimited number of Users, by nominating such User or by forwarding an e-mail to provide the User with access to the corresponding Presentation. The User may view the Presentation via the Portal or at a website, in which the Presentation has been embedded.
3.2 The Provider may elect to provide free-of-charge, time-limited test access to individual services or to the entire Service. Such access shall not give rise to any claim to any similar access or promotion in the future.
4. Licensee’s Rights and Obligations
4.1 The Licensee may only use the Service in accordance with the contractual provisions and all applicable laws.
4.2 The Licensee may not make use of any software or any other technical means in order to modify, extend or threaten the functionality of the Service. In particular, the Licensee may not attempt to access the Service through any technical means other than the interfaces named in the Service Description or the Portal.
4.3 If the Provider reasonably suspects that the Licensee is making use of the Service in breach of the provisions of this agreement, or that any third party is using the Licensee’s access credentials to access the Service without authorization, the Provider shall be entitled to suspend the Licensee’s access to the Service until the issue has been resolved. The Provider shall afford to the Licensee the opportunity to make representations before taking such action. During any period of suspension of services, the Presenter shall remain bound by all contractual obligations, unless the Presenter is not responsible for the circumstances that have given rise to the suspension.
5 Rights to Presentations
5.1 The Provider only provides the Software, which enables Presenters and Users to communicate. Submitted information of the User is integrated on the user’s own responsibility in the provider’s service and shown there. If the publication of the information violates any legal requirements, the provider will review the relevant information within the scope of his legal obligation as provider in the course of the tele-media service and delete the information, if he is legally obligated.
5.2 Where the Licensee instructed the Provider to show presentations on the beamium website and this presentations or parts of it are protected by rights of third parties (e.g. rights to a name, copyright laws, data privacy laws, personal rights, trademark laws, or other industrial property rights), the Licensee grants to the Provider a perpetual, worldwide, free-of-charge and unlimited, but in case of doubt revocable, license to publish such information within the Service, including without limitation
a) to store such information on any server owned by the Provider or operated by any third party on behalf of the Provider;
b) to provide access to such data via the Internet publicly and to share this information via email;
c) to edit and reproduce the data to the extent necessary for the operation of the Service.
5.3 The Licensee is obliged to ensure, that he or she has all necessary rights in each such Presentation.
5.4 The Licensee is obliged to ensure that the Presentations shall not infringe upon any legal prohibition or any third party rights (e.g. rights to a name, copyright laws, data privacy laws, personal rights, trademark laws, or other industrial property rights).
5.5 The Provider reserves for itself the right, to monitor any person whom it considers, at its sole discretion, to be in breach of such provision, and to take all appropriate actions. Without limitation, the Provider shall in particular be entitled to suspend access to specific content of Presentations in the event that it reasonably believes that any breach of any legal requirement or the above provisions has occurred.
6.1 The Provider shall resolve all properly reported defects and disruptions to the Service within a reasonable time. The Licensee shall at its own cost provide all reasonable assistance to the Provider to ensure the prompt analysis and correction of errors, including without limitation by reporting error messages to the Provider by e-mail.
6.2 Error reports raised in accordance with this contract shall, without limitation, include the following information:
a) Detailed error description
b) The precise wording of any error message that may exist
c) A screenshot of the error
d) Steps undertaken to reproduce the error
e) Application protocols
f) Data in respect of the system environment (including the operating system version and details of the browser used, etc.)
Upon request, the Licensee shall make all relevant details available to the Provider without delay.
6.3 The Licensee shall initially remain bound by any agreed obligation to pay the charges in the event of any defect or disruption. The Licensee’s right to recover any payment, in whole or in part, in the event of any defect on the grounds of unjust enrichment shall not thereby be affected.
7. Defects, damages, and remedies
7.1 The Provider's shall only be liable for defects in the Service that exist at the time of entering into this contract to the extent that it has caused such defect. Moreover, the Provider shall be liable for general and special damages, for any reason whatsoever, solely in respect of the following: a) Liability in respect of any willful breach, or in breach of express warranty.
b) In the event of gross negligence, the Provider shall be liable to the full extent of any loss that was reasonably foreseeable at the time of entering into the contract.
c) In the event of negligent breach of any material obligation, the fulfillment of which is inherent to the orderly performance of the contract, and upon which the User regularly and lawfully places reliance, breach of which threatens the fulfillment of the contractual purpose ("Fundamental Breach") the Provider shall be liable to the full extent of any loss that was reasonably foreseeable at the time of entering into the contract.
d) The Provider shall not be liable for any other negligent breach of any obligation.
e) All liability for any distribution of the Presentation Code by any User is similarly excluded.
f) Notwithstanding the foregoing, any liability in respect of death or personal injury, or any claim for product liability, shall be governed by the ordinary legal rules without limitation.
7.2 The Provider shall be entitled to assert contributory negligence.
7.3 The Licensee shall initially remain bound by any agreed obligation to pay the charges in the event of any defect. The Licensee’s right to recover any payment, in whole or in part, in the event of any defect on the grounds of unjust enrichment shall not thereby be affected.
8. Duration and Termination
8.1 The cost-free Private License runs for an indefinite period. Each Party may terminate this contract about the Private License upon fourteen (14) days' written notice, to include notice given by e-mail.
8.2 Licenses liable for costs have the agreed duration. The Trial License has a duration of 30 days and ends after the expiration of this period without any notice of termination being required.
8.3 Each Party shall be entitled to terminate this contract with immediate effect in extraordinary circumstances for a substantial reason. A substantial reason shall exist in respect of the Provider, if the Licensee materially breaches the Contract and fails to remedy such breach within a reasonable period.
8.4 If the Provider terminates this contract for a substantial reason, or if it suspends access in accordance with clause 5.4, the Licensee shall not be entitled to any refund.
9. Data Protection
9.1 The licensee is obliged to use the service in a manner permissible under data protection law. To the extent that the Licensee makes use of the Service to process any data relating to any identified or identifiable persons, the Licensee shall be solely responsible for ensuring that any person whose data is processed has consented to such processing or that the Presenter is otherwise legally entitled to undertake such processing. The Licensee shall at all times remain the responsible Data Controller in respect of such data. If the licensee is to collect personal data that the provider processes for the licensee via the service, the licensee is obliged to notify the provider thereof and to close a contract for the adequate data processing.
9.2 Moreover, the terms of the Data Protection Policy shal.l apply to the Service.
10. Right to effect changes
The Licensee indemnifies the Provider in case of a violation of the §§ 3-7 of any third-party claims against the Provider, the legal representatives and/or the vicarious agents. All further claims remain reserved.
12. Conclusion of contracts
The provider will offer the Licensee the License which the Licensee has chosen on the website. The contract comes into existence as the Licensee agrees to this License text by clicking on the corresponding declaration.
13. Applicable law and jurisdiction
13.1 The laws of the Federal Republic of Germany shall apply and the UN Convention on the Sale of Goods is hereby excluded.
13.2 If the Licensee acts in the course of business, or is a legal person under public law or a special fund under public law, or if the Licensee lacks an address for service in Germany, the place of jurisdiction for all disputes arising under or in connection with this contract shall be the registered office of the Provider.