End User Licence Agreement (EULA)

Power Manufaktur GmbH, UID CHE-153.237.765, Mettenwilstrasse 1, 6203 Sempach Station, Switzerland, info@powermanufaktur.com. The company is domiciled in Switzerland; the software is aimed at companies and public bodies throughout the DACH region (Germany, Austria, Switzerland).

1. Subject matter and scope

1.1 This End User Licence Agreement ("EULA") governs the licence scope, rights of use and usage restrictions for all software modules of the Power IMS product family (including Power QMS, Power Audit, Power Risk, Power Safety, Power Maintenance, Power CI, Power Knowledge, Power Energy, Power SRM, Power Hub and future modules, together the "Software") by the customer and its users.

1.2 This EULA applies generically to all modules. Module-specific particulars follow from the respective product description and order form.

1.3 The commercial framework conditions (prices, payment, term, termination, availability, support and general liability) are governed by the Terms of Service. The processing of personal data is governed by the Data Processing Agreement (DPA). In case of conflict between the EULA and the Terms of Service, the Terms of Service prevail; in case of conflict between the EULA and the DPA, the DPA prevails; individual written agreements always take precedence.

1.4 By installing, deploying in its own Microsoft 365 tenant or using the Software, the customer accepts this EULA.

2. Scope of licence

2.1 The provider grants the customer a non-exclusive, non-transferable right of use, limited to the chosen contract model, to use the Software in its own Microsoft 365 tenant for its internal business purposes.

2.2 Authorised users are the customer's employees as well as third parties (e.g. auditors, suppliers, external representatives) acting on behalf of and for the purposes of the customer, within the licensed number of users.

2.3 Under the rental model the right of use exists for the term of the subscription. Under the purchase model a perpetual right of use applies to the major version delivered at handover; the right to new major versions, updates and support is owed only under a separate maintenance contract.

2.4 Power Hub is provided free of charge when at least one Teams-based paid module is licensed; the provisions of this EULA apply accordingly. There is no standalone entitlement to Power Hub without a Teams-based paid module.

2.5 Trial and evaluation installations may only be used to evaluate the Software, not for productive operation. The duration and scope of trial access follow from the registration form or the licence confirmation.

3. Usage restrictions

3.1 In particular, the following are prohibited: resale, rental, sublicensing, provision as a service to third parties (service bureau, hosting for third parties), use outside the licensed group of users.

3.2 Reverse engineering, decompilation and disassembly are permitted only to the extent mandatorily allowed by law.

3.3 Removal or alteration of copyright, trademark or licence notices is not permitted.

3.4 Changes to code, data model or configuration beyond the documented configuration options are made at the customer's own risk and may exclude support and warranty claims.

3.5 The Software must not be used for unlawful purposes or in a way that impairs Microsoft services, other customers or the security of the application.

4. Rights in the Software

4.1 All rights in the Software, templates, documentation and further developments remain with the provider or its licensors. No ownership of the Software is transferred, including under the purchase model.

4.2 The customer's business data captured in the Software remains the exclusive property of the customer and stays within its Microsoft 365 tenant.

4.3 The provider may use feedback and improvement suggestions from the customer free of charge for the further development of the Software.

5. Prerequisites and cooperation

5.1 A valid Microsoft 365 tenant of the customer with the required licences and the granting of the documented Microsoft Graph permissions by a tenant administrator are prerequisites.

5.2 The customer is responsible for managing its user accounts, permissions, data backup within its own tenant and compliance with its regulatory obligations.

5.3 The customer ensures that its users comply with this EULA.

6. Final provisions

6.1 Swiss law applies, excluding the CISG. Mandatory provisions at the customer's domicile in Germany or Austria remain reserved.

6.2 Place of jurisdiction is Lucerne, Switzerland, unless mandatory rules provide otherwise.

6.3 Changes to this EULA are communicated to the customer at least 90 days before taking effect. In case of material disadvantage the customer may terminate an ongoing subscription as of the effective date. An existing perpetual right of use for the purchased major version remains unaffected.

6.4 Should individual provisions be invalid, the remainder of the EULA remains valid; the invalid provision is replaced by one that is economically as equivalent as possible.