1. Subject of the contract

Hi-Chart^® shall provide the licensee with modules of the hi-chart^® tested with the available demo version in executable form with the purchased modules as a subscription with annual payment.

hi-chart^® was developed for use in HTML 5 compatible web browsers, which are not part of scope of service of Hi-Chart^® products. In the case where the customer installs hi-chart^® on you’re an own server, this must support at least PHP 7 and it must be available a MySQL or MS-SQL database.

2. Granting of rights

• Scope of the right of use to hi-chart WEB^®

Hi-Chart^® grants the licensee a simple, non-exclusive right to the use of hi-chart. The licensee is entitled to use hi-chart^® in the intended form with the acquired maximum number of users for their own internal purposes. As a user the contractors designate, the number of users that are specifically authorized to access the system (“Named User”).

An acquisition of further rights to the software is excluded. Hi-Chart^® reserves all publication, reproduction, processing and exploitation rights to the software.

• Transfer

The licensee is entitled to transfer the granted rights of use wholly or partially to group companies. Group companies are all companies, which are included under the statutory provisions in the consolidated financial statements of the licensee.

The licensee may use, install, copy, and transfer hi-chart^® only in the intended form. The licensee is not authorized to rent or loan hi-chart, also not in the form of a software leasing.

3. Special restrictions

The licensee is prohibited without the prior written consent of Hi-Chart^® from modifying or translating the software or creating derivative works from the software. The licensee is not authorized to reverse engineer the software (reverse engineering), nor decompile or disassemble it into its components and use it as a basis for the creation of their own software programs, based on hi-chart^®.

4. Term of the contract

The term of the agreement is determined by the specifications in the proposal, and shall be extended automatically by one further year unless the agreement is terminated three months before the expiry of the licence. Cancellation must be made in writing or by e-mail to Hi-Chart®. The right of the licensee to use hi-chart^® however expires – also without notice – if the licensee violates a condition of this contract.

5. Modifications and updates 

Hi-Chart^® is entitled to create updates of the software at its sole discretion. The licensee has no right to carry out any modification or update.

6. Copyright protection

hi-chart^® is copyrighted. The licensee acknowledges that the software is a protectable computer program in the sense of § 2 para 1 No. 1, § 69 a of the Copyright Act (UrhG) and that the licensor is the originator within the meaning of §§ 7, 69 b UrhG.

7. Limitation of liability with exclusion of warranty

No express or implied warranty whatsoever shall be assumed for hi-chart^® and all accompanying files, data and materials, in particular with regard to their merchantability or fitness for a particular purpose. Hi-Chart^® does not assume any warranty for the use of hi-chart^® as well as for consequences, which result from the use of this software. Hi-Chart^® does not warrant that hi-chart^® shall function error free or without interruption. It is urgently recommended that hi-chart^® be tested comprehensively with non-critical data in the actual company, as every other software, before its actual deployment. You shall bear the entire risk for the fact that hi-chart^® can be used for the purposes intended by you. Information contained in brochures, announcements, documentation and similar writings represent only descriptions of hi-chart^® and contain no assured characteristics. This also applies to information on the release of updates and extensions.

This exclusion of warranty represents a significant part of the license agreement.

Hi-Chart^® is only liable for intent and gross negligence. In case of violation of essential contractual obligations, Hi-Chart^® is however liable according to the statutory regulations. Hi-Chart^® is not liable to companies for indirect damage or consequential damage, in particular not for loss of profit, unless this damage is based on the intent of Hi-Chart^® employees or gross negligence.

8. The use of hi-chart^® in applications or systems in which malfunctions of this software after human discretion and taking into account all circumstances and conditions, under which hi-chart^® is used or will be used, can entail injuries of life, body or health, is prohibited. The use of hi-chart^® in such an environment shall take place exclusively at your own risk and at the risk of the persons affected by itMiscellaneous 

This license agreement represents the full contract between both Parties and supersedes all previous commitments, understandings and agreements.

hi-chart^® may only be installed, copied or transferred if the licensee agrees to this license contract in all respects. Provided the licensee has not concluded in writing a contrary agreement with Hi-Chart^®, the unrestricted acceptance of the terms of this license contract is confirmed through the installation, use, copying or transfer of this copy of hi-chart^®.

9. Court of jurisdiction

For this contract, the laws of the Federal Republic of Germany apply.

The sole Court of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Berlin. 

10. Severability clause

Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after conclusion of the contract, the effectiveness of the rest of the contract shall remain unaffected thereby. In the place of the ineffective or unenforceable provision, an effective and enforceable regulation shall be made whose impact comes closest to the economic objective pursued by the Contracting Parties in the ineffective or unenforceable provision. The preceding provisions shall apply accordingly for the case that loopholes in the contract are revealed.

General Terms and Conditions

These general terms and conditions of business apply to all contracts, deliveries and other services of CP Corporate Planning AG, Katharinenstraße 23-25, D-20457 Hamburg, (subsequently known as “HI-CHART”), with their customers. Conflicting terms and conditions of business are hereby rejected. HICHART only recognises such conflicting terms and conditions if these are specifically agreed in writing.

I. General provisions

§ 1 General

(1) HI-CHART’s offers are not primarily aimed at consumers in line with § 13 of the German Civil Code. By concluding the contract, the client confirms that he authorises or acquires the services to be rendered or the documents to be provided by HI-CHART for its commercial or freelance activity.

(2) Additional agreements are to be agreed in writing; individual agreements always have priority.

§ 2 Value added tax and payment

(1) The agreed fees or prices are to be understood, unless otherwise stated, as net plus VAT.

(2) The clients‘ obligations for payment, if not otherwise agreed, are that payment is due within 14 days of the invoice being issued. If a client defaults on his payment obligations, HI-CHART can demand compensation and/or withdrawal from the contract.

(3) HI-CHART always issues an invoice to the client. When obtaining goods via the online shop, HI-CHART may send the invoice as a PDF document by e mail.

§ 3 Liability

(1) HI-CHART is only liable for intent and gross negligence. In the case of breach of essential contractual obligations, HI-CHART is however liable according to the legal guidelines.

(2) HI-CHART is not liable toward businesses for indirect or consequential damage, specifically not for lost profit, unless these damages are due to the intent of HI-CHART’s employees or gross negligence.

§ 4 Offsetting and right of retention

The client is only entitled to offset, if the counter-claims of HI-CHART are recognised or legally determined. The client is only entitled to implement his right of retention if his counter-claim is due to the same contractual relationship.

§ 5 Data protection

(1) The client knows and consents to the personal data required for processing the order to be stored by HI-CHART on its data-carriers. The client specifically agrees to the collection, processing and use of his personal data. The personal data which is stored by HI-CHART is of course treated as confidential. The collection, processing and use of personal data is under supervision of the German Federal Data Protection Act and the German Telemedia Act.

(2) Personal information can also be used with prior consent of the client to provide information regarding products, marketing strategies and other services.

(3) The client has the right to withdraw his consent at any time with future effect. In this event, HI-CHART is obliged to delete the client’s personal data immediately. In the case of ongoing contractual relationships, data is deleted when they are terminated.

II. Special terms and conditions for business consultancy

§ 6 Authorisation, establishing of termination of contract

(1) The scope of the task, the approach, the nature of the results of the work and the remuneration are determined by a written agreement between HICHART and the client. Changes, amendment or additions to the scope of the task, to the approach and the nature of the results of the work require written agreement.

(2) The services are rendered by HI-CHART, when the analyses required, the resulting conclusions and the recommendation have been compiled and explained to the client. It is immaterial if or when the client implements the conclusions or recommendations.

§ 7 Obligations of the client

(1) The client is obliged to support the work of HI-CHART. The client must, without payment, specifically create all the conditions within its sphere of operations which are required in order to render the service. If the required appropriate conditions are withheld from HI-CHART, the client must remunerate separately the delay arising, which is documented.

(2) The client is obligated not to employ or contract any employees or agents involved with the consultation within a period of 24 months after the termination of the cooperation.

§ 8 Obligations of HI-CHART

HI-CHART is obligated to treat the information regarding trade and business secrets of the client as confidential and, at request, to let its employees or agents sign a corresponding declaration of obligation. If an employee or agent is in breach of the obligation, then HI-CHART must compensate the client by transferring to the client the claims for recourse occurring against the employee or agent.

§ 9 Protection of deliverables

The reports, plans, designs, summaries, calculations and training materials completed by HI-CHART may only be used for the contractually agreed purposes. Each use of these services which does not conform to the contract, especially regarding their publication, requires prior written consent by HICHART. This also applies if the service rendered is not subject to special legal rights, specifically to copyright.

III. Special conditions for the online shop

§ 10 Conclusion and processing of the contract

(1) At the online shop www.hi-chart.com, HI-CHART offers a variety of products for download. The client can find detailed information on the products offered in the descriptions of articles. The client can collect the products selected by him in a virtual basket and then order them. Before completing the order, the client receives an overview of the articles ordered and the VAT due and can check and amend the accuracy of the order’s content, with specific regard to price and quantity. HI-CHART confirms receipt of the order to the client by e mail.

(2) HI-CHART has produced the texts, graphics and pictures contained in the products to the best of its knowledge in accordance with the relevant laws and legal guidelines. The final check and evaluation of the content for use planned in individual cases falls to the client. This also specifically applies with regard to circumstances or legal situations which may have changed and to changes and amendments on the part of the client.

(3) A licence agreement comes into effect, when HI-CHART confirms the client’s order in text form or when HI-CHART makes available the data to the client as a download.

(4) The client may download the data after he has paid the agreed price to HI-CHART.

§ 11 Prices and despatch costs, payment

The prices quoted in the online shop are valid. On downloading there are no additional packaging and despatch costs, however additional costs may be due to the client for the transmission of data over the internet.

§ 12 Miscellaneous

Additional regulations such as rights of use, copyright etc. are established in the licence agreement which is sent to the client on receipt of the products. The licence agreement is an addition to the terms and conditions of business.

§13 Final conditions

(1) If provisions or parts of provisions of these conditions are or become invalid, the remaining conditions remain unaffected. The parties are rather obligated to replace the invalid provision with a valid provision, which fulfils the same economic purpose.

(2) The law of the Federal Republic of Germany applies. Place of jurisdiction is Berlin.

(3) This English translation is a service for our customers. In case of conflicts with the German language version, the German terms and conditions apply (https://www.hi-chart.com/agb).