Common use of SaaS Service Clause in Contracts

SaaS Service. ‌ If the Service also extends to providing services for the supply of software (as a service) or the installation, administration and maintenance of software (as a service), the provisions of this module also apply. D.1. SOFTWARE (AS-A-SERVICE) D.1.1 Dyflexis grants the non-exclusive, non-transferrable and restricted right to the Client to use the Service for the duration and under the terms of the Agreement D.1.2 User right as stated in the previous paragraph also includes all future Updates. Dyflexis has the right to charge additional costs for the installation of Upgrades. D.1.3 The Client is entitled to use the Service under the user right for the Client’s company or organisation. The restrictions, which are also understood to include the number of employees and/or administrators and available functions are stated in the Agreement D.1.4 Unless agreed otherwise in writing, the Client is not permitted to sub-lease the Service or to make it available to a third party in any other manner. This is not understood to mean the employees of the Client’s company or organisation. D.1.5 When purchasing the Service, the Client will ensure that it strictly complies with all applicable legal requirements. D.1.6 Dyflexis will send or issue the log-in details to the Service to the Client at around the start date. The Client is aware that losing the log-in details can lead to unauthorized access to the Service. Therefore, the Client will protect the log-in details from unauthorized persons. D.1.7 The Client is personally responsible for loading all data into the Service with the help of the upload function or one of the synchronisation functions which Dyflexis has made available in the Service. Dyflexis is not liable for any inaccuracies following the loading or during the synchronization of the data, unless intentional acts or gross negligence are involved. D.1.8 The Client will impose on end users at least the same terms as recorded in article D.5 for the use of the Service. D.1.9 Dyflexis is entitled to use the Data in anonymised form and to use the Data for statistical analyses and/or benchmarking. Furthermore, Dyflexis is entitled to monitor usage of the Service and on this basis it will be able to provide recommendations to the Client.

SaaS Service. ‌ If the Service also extends to providing services for the supply of software (as a service) or the installation, administration and maintenance of software (as a service), the provisions of this module also apply. D.1. SOFTWARE (AS-A-SERVICE) D.1.1 Dyflexis grants the non-exclusive, non-transferrable and restricted right to the Client to use the Service for the duration and under the terms of the Agreement. D.1.2 User right as stated in the previous paragraph also includes all future Updates. Dyflexis has the right to charge additional costs for the installation of Upgrades. D.1.3 The Client is entitled to use the Service under the user right for the Client’s company or organisation. The restrictions, which are also understood to include the number of employees and/or administrators and available functions are stated in the Agreement. D.1.4 Unless agreed otherwise in writing, the Client is not permitted to sub-lease the Service or to make it available to a third party in any other manner. This is not understood applicable to mean the employees of the Client’s company or organisation. D.1.5 When purchasing the Service, the Client will ensure that it strictly complies with all applicable legal requirements. D.1.6 Dyflexis will send or issue the log-in details to the Service to the Client at around the start date. The Client is aware that losing the log-in details can lead to unauthorized access to the Service. Therefore, the Client will protect the log-in details from unauthorized persons. D.1.7 The Client is personally responsible for loading all data into the Service with the help of the upload function or one of the synchronisation functions which Dyflexis has made available in the Service. Dyflexis is not liable for any inaccuracies following the loading or during the synchronization of the data, unless intentional acts or gross negligence are involved. D.1.8 The Client will impose on end users at least the same terms as recorded in article D.5 for the use of the Service. D.1.9 Dyflexis is entitled to use the Data in anonymised form and to use the Data for statistical analyses and/or benchmarking. Furthermore, Dyflexis is entitled to monitor usage of the Service and on this basis it will be able to provide recommendations to the Client.