Aggreement on the Terms of Use
between you - hereafter referred to as Contractor -
and tts GmbH - hereafter referred to as “tts” -
for the tts performance suite Sandbox system
§1 Scope
tts offers a Sandbox for freelancers and other contractors. This system is hosted for free in the Cloud by tts and can be used free of charge. The purpose of the Sandbox system is to practice and to continue further personal education in using the tts performance suite. These Terms of Use regulate the handling of the Sandbox system and we ask you to read and sign them carefully.
These Terms of Use are a contract between you (Contractor) and tts GmbH Schneidmühlstrasse 19 69115 Heidelberg GERMANY (“tts”): These Terms apply to your access and use of tts Software, namely the tts performance suite consisting of tt knowledge force and tt guide in the tts cloud, including the client software, content and updates made available to you through a download link. The system requirements and the product description of tts software are also part of the downloadable materials (the “Sandbox”) (collectively, “Services”).
By using the Sandbox or any related service, you agree to these terms of use. If you do not agree, you may not use tts Software or any related service.
§2 Sandbox
The Sandbox enables you to obtain sample files and create own files for practicing purpose. The Sandbox is distributed and licensed to you by tts.
Your use of the Sandbox is subject to these terms. No right or license to any intellectual property of tts or any of its affiliates is granted with respect to the Sandbox system.
This agreement includes access to the Sandbox and all aforementioned downloaded material is granted for an unlimited duration. tts provides the system free of charge and updates it periodically to the current release. The system is reset regularly. tts can terminate providing the system at any time after a three-month notice without stating reasons.
The prerequisite for the use of the system is the participation in an open training or the proof of sufficient knowledge concerning the tts performance suite by appropriate customer projects.
§3 Methods of tts Cloud usage
The authorized person (Contractor) shall receive a user name and an appropriate password.
§4 Rules of usage within the tts cloud
Contractor agrees, through the use of this service,
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that login transfer to other persons than stated under §2 is not authorized
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not to use the cloud service to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law.
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not to post any copyrighted material unless the copyright is owned by Contractor or by tts after receiving written authorization.
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not to delete the default data of the Sandbox and data created by other users.
§5 Restrictions of Right of Use of Software Program
5.1
Contractor is not entitled to use the programs for any developing purposes of its own or for those of any third party, in particular, not such developing purposes that may result in any competitive products.
5.2
Contractor acknowledges that the programs and the related documentation are copyrighted, and represent confidential information and trade secrets proprietary to tts. Contractor shall take all necessary measures to avoid the disclosure of the programs and the related documentation to any third party without tts's permission, nor shall any third party, including consultants or certified public accountants be entitled to copy them or take them out of your business premises.
§6 Termination
This agreement is valid for an unlimited period. tts can terminate the use if the Contractor does not comply with the rules and restrictions. tts can also terminate the use if the contracting party does not act in the sense of tts.
In this case the Contractor will lose all access to the Sandbox and any portions thereof, including, but not limited to, the account and content. In addition, after a period of time, tts will delete information and data stored in or as a part of the account. Any individual components of the Sandbox that the Contractor used will also be terminated in accordance with those license agreements.
§7 Restriction of Liability
With regard to the fact that the Sandbox is provided free of charge, tts disclaims any liabilities for financial losses of Contractor in cases of normal negligence.
§8 Duties of Contractor: Data Protection of tts standard software
During the usage period, Contractor has the responsibility to make the necessary technical and organisational dispositions, in order to prevent any data leakage or any breach of confidentiality by a third party. Contractor shall also prevent the access and circulation of data of operational technology, installed on the server of Contractor. A breach of this duty may result in an immediate termination of the contract by tts. In this case, tts shall reserve the right to claim for any damage.
§9 Miscellaneous
9.1
In case a customer of the Contractor wishes to license the programs, the Contractor can contact the tts Partner management to seek a license agreement between the client of the Contractor and tts under a referral agreement with the Contractor.
9.2
The Sandbox may not be used for productive use. In case Contractor wishes to use tts software for productive use, the parties shall enter into a separate license agreement.
9.3
The contract and its modifications require written form. tts accepts signed and digitally transmitted contracts.
9.4
The contract shall conform with and be governed by the laws of the Federal Republic of Germany without regard to its choice of law rules and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. If the customer is merchant in terms of law exclusive venue shall be tts’ main place of business.
9.5
In the event individual provisions hereof are invalid or impracticable, the validity of the remaining provisions hereof shall remain unaffected. The parties hereto shall replace the invalid or impracticable provision with the valid alternate provision which most closely approximates the economic purpose of the invalid or impracticable provision. The same shall where this agreement is silent.
Attachments: ttps Product Description and ttps System Requirements for the delivered release