Licence and Terms of Use / End User Licence Agreement (EULA)
for software products from WM Plugins
Provider and contractual partner:
Witte Marketing
Owner: Werner Witte
Zangberger Str. 2
84539 Ampfing
Germany
Email: info@witte.marketing
Telephone: 08636 325499
hereinafter referred to as the “Provider”.
1. Scope
1.1 These Licence and Terms of Use apply to software products from WM Plugins and supplement the Provider’s General Terms and Conditions.
1.2 They apply both to consumers within the meaning of Section 13 BGB and to businesses within the meaning of Section 14 BGB.
1.3 Where individual provisions concern consumers or businesses exclusively, this is expressly indicated.
1.4 This EULA applies across products and, in particular, to the WordPress and WooCommerce plugins distributed by the Provider and the associated commercial services.
1.5 The specific scope of the product and services purchased is determined by the respective product description, the order and, where applicable, supplementary product-specific terms.
2. Definitions
For the purposes of this EULA:
Software
means the respective software product provided by the Provider, including the associated program files.
Product
means the software together with any associated commercial services.
Licence key
means an individual technical identifier that can be used to enable commercial services of the Provider or assign them to a website.
Licence package
means the contractually agreed scope of activations, automatic updates, support and other licence-dependent services.
Production website
means a website or installation that is actually used in production for visitors, customers or other users.
Staging or test environment
means an installation that is not independently used in production and is used for development, testing, troubleshooting, maintenance or preparation of an associated production website.
3. Open source and GPL
3.1 The Provider’s software products may be provided wholly or partly under the GNU General Public License (GPL) or another open-source licence.
3.2 For components subject to such a licence, the rights to use, reproduce, modify and redistribute them are governed by the respective applicable open-source licence.
3.3 This EULA does not restrict any rights granted to the customer under an applicable open-source licence or mandatory statutory provisions.
3.4 The terms “licence”, “PRO licence”, “licence package” or comparable terms refer in particular to the additional commercial services provided by the Provider and do not constitute a restriction of rights in the program code arising from an applicable open-source licence.
3.5 These commercial services may in particular include:
- licence keys;
- activation services;
- automatic updates;
- update access;
- licence servers;
- support;
- customer account functions;
- certain downloads;
- documentation;
- other licence-related or product-related services.
4. Licence packages and activations
4.1 The scope of the commercial licence services is determined by the licence package purchased.
4.2 If, for example, a licence package is intended for one production website, the activation, update and support services associated with that licence package may be used for one production website.
4.3 An appropriately extended or additional licence package is required for additional production websites if the Provider’s commercial licence services are to be used there.
4.4 The number of activations included in the respective licence package is specified in the product description and the order.
4.5 These provisions do not restrict any broader rights in the program code arising from an applicable open-source licence.
5. Staging and test environments
5.1 Unless otherwise stated in the product description, an associated development, test or staging environment may be used for the commercial licence services in addition to a licensed production website.
5.2 This requires that the environment
- serves the same website or project;
- is not independently used in production; and
- is used exclusively for development, testing, maintenance or preparation purposes.
5.3 Independent customer projects, shops, microsites, tenants or other websites used in production are not considered staging or test environments.
6. Licence keys
6.1 Where provided for a product, the customer receives an individual licence key or comparable technical proof of licence.
6.2 The licence key may in particular be used for
- product activation;
- assigning a website or installation;
- checking the permitted scope of activations;
- automatic updates;
- download access;
- assigning support entitlements.
6.3 The customer must adequately protect the licence key against unauthorised access.
6.4 The licence key may not be made publicly accessible or provided to third parties for independent use of the commercial licence services unless this is expressly part of the licence package purchased.
6.5 These provisions relate exclusively to the licence key and the commercial services linked to it. Rights to redistribute open-source program code remain unaffected.
7. Licence verification
7.1 The Provider may use technical measures to
- validate licence keys;
- manage activations;
- check update entitlements;
- assign support entitlements;
- prevent misuse of the licence services.
7.2 Licence verification may not be used to restrict rights granted directly to the customer under an applicable open-source licence.
8. Term
8.1 The term of the commercial licence, update and support services is determined by the product or licence package purchased.
8.2 During an active term, the customer may use the time-dependent services included in the respective product scope.
8.3 Once the commercial term expires, the entitlement to services such as the following generally ends:
- commercial update provision;
- automatic updates;
- support;
- certain licence server functions;
- where applicable, certain downloads or online services.
8.4 A version of the software already installed may continue to be used after the commercial licence package expires, provided that no technical requirements prevent this and such use is permitted under the licence terms applicable to the program code.
8.5 Mandatory statutory consumer rights, in particular statutory claims to required updates, remain unaffected.
9. Updates
9.1 During a commercial update entitlement, the Provider makes available the updates provided for the respective product and licence package.
9.2 Updates may in particular include:
- bug fixes;
- security adjustments;
- technical developments;
- compatibility adjustments;
- changes to existing functions;
- new functions.
9.3 The Provider is not obliged to continue developing or commercially supporting every older software version indefinitely.
9.4 Statutory update obligations towards consumers remain unaffected.
Where required by law, the Provider supplies consumers with updates, including necessary security updates, during the relevant period and informs them accordingly.
10. Failure to install updates
10.1 Customers are advised to install security and functional updates that are made available in a timely manner.
10.2 For consumers, the consequences of failing to install a required update are governed by mandatory statutory provisions.
10.3 In particular, the statutory requirements concerning information to consumers about the availability of an update and the possible consequences of failing to install it remain unaffected.
11. Changes to the software
11.1 The Provider may further develop software products within the framework of statutory and contractual requirements.
11.2 Changes may in particular be necessary due to
- technical developments;
- changes to WordPress or WooCommerce;
- security requirements;
- statutory requirements;
- changed interfaces or APIs;
- necessary bug fixes.
11.3 In relation to consumers, changes to digital products supplied on a continuous basis are made only in compliance with the applicable statutory requirements.
11.4 Where required by law, consumers will be informed of corresponding changes in good time and in the form prescribed by law.
11.5 Mandatory statutory consumer rights arising from a significant impairment of access or usability remain unaffected.
12. Support
12.1 Support is provided to the extent included in the support or licence package purchased.
12.2 Support may in particular include assistance with
- installation;
- activation;
- use;
- configuration;
- technical troubleshooting
of the Provider’s software.
12.3 Unless expressly agreed otherwise, regular support does not include
- custom programming;
- custom design adaptations;
- server administration;
- data migrations;
- data recovery;
- setup or repair of third-party plugins or themes;
- general website maintenance;
- legal advice;
- tax advice.
12.4 A possible conflict with third-party software may be analysed within the scope of the agreed support.
There is no entitlement to modification, repair or adaptation of third-party software.
13. Technical requirements
13.1 The customer is responsible for providing a suitable technical environment for the software unless this is expressly provided by the Provider.
13.2 Technical requirements may in particular include:
- WordPress;
- WooCommerce;
- PHP;
- a database;
- a web server;
- SSL;
- a cron system;
- email delivery;
- a browser;
- other required extensions or services.
13.3 The technical requirements currently supported are specified in the product description or documentation.
13.4 Unrestricted functionality with every conceivable combination of WordPress, WooCommerce, plugins, themes, servers and other third-party software is not owed.
13.5 Mandatory statutory requirements concerning conformity in relation to consumers remain unaffected.
14. Backups
14.1 Before installation, updating, migration or material configuration changes, the customer should create appropriate backups of their website, database and other relevant data.
14.2 Where reasonable, it is recommended that material updates first be tested in a suitable test or staging environment.
15. Misuse of commercial licence services
15.1 In particular, misuse of the Provider’s technical licence, activation, update and support infrastructure is prohibited.
15.2 In particular, it is prohibited to
- use third-party licence keys without authorisation;
- make a licence key publicly accessible;
- manipulate activation or licensing systems;
- circumvent technical activation limits of the commercial licence services without authorisation;
- attack or place an unreasonable load on the Provider’s licence servers or other systems;
- access other customers’ or licence data without authorisation.
15.3 These provisions do not restrict rights in the program code arising from open-source licences or mandatory statutory provisions.
16. Third-party components
16.1 The software may contain components, libraries, frameworks or other third-party content.
16.2 These components are subject to the respective licence terms of the relevant rights holders.
16.3 Where those licence terms grant broader rights or impose different obligations, they take precedence for the respective component.
17. Trade marks, product names and logos
17.1 Trade marks, logos, product names, business identifiers and other identifiers of the Provider remain with the Provider or the respective rights holder.
17.2 Purchasing or using the software does not grant any general authorisation to use such identifiers for the customer’s own products or services.
17.3 Descriptive or referential uses permitted by law remain unaffected.
18. Documentation and other content
18.1 Documentation, manuals, graphics, training materials, videos, texts and other content may be protected by copyright independently of the program code.
18.2 The customer may use this content to the extent necessary for use of the software in accordance with the contract.
18.3 Any independent commercial exploitation or republication beyond this requires appropriate authorisation.
18.4 Mandatory statutory rights remain unaffected.
19. Technical data during licence verification
19.1 Technical data may be processed during activation, licence verification, update checks or support.
19.2 Depending on the respective product, this may in particular include:
- licence key or licence identifier;
- domain or website URL;
- activation status;
- plugin version;
- WordPress version;
- WooCommerce version;
- PHP version;
- technical status information;
- time of activation or licence verification.
19.3 Personal data is processed in accordance with the Provider’s privacy policy.
19.4 Only data necessary for the respective purpose should be processed.
20. Suspension of commercial licence services
20.1 If there are specific indications of significant misuse of licence keys, customer accounts or the technical infrastructure, the Provider may temporarily restrict the affected commercial services insofar as this is necessary and proportionate.
20.2 This may in particular be the case in the event of
- licence keys becoming publicly known;
- significant unauthorised multiple use of the commercial licence services;
- manipulation of the licensing system;
- attacks on the technical infrastructure;
- fraudulent or other abusive use.
20.3 Where possible and reasonable, the customer will be given an opportunity to clarify or remedy the matter.
20.4 In the event of acute security risks or clearly abusive behaviour, an immediate provisional suspension may be imposed.
20.5 Rights in the program code arising from an applicable open-source licence remain unaffected.
21. Consumer rights
21.1 If the customer is a consumer, all mandatory statutory rights remain unaffected.
21.2 This applies in particular to the statutory provisions concerning digital products, conformity, updates, subsequent performance, price reduction, termination of the contract and damages.
21.3 A commercial limitation of update or support services does not restrict a consumer’s mandatory statutory claims.
22. Defects and liability
22.1 Rights in the event of defects and liability are governed by the Provider’s General Terms and Conditions and the mandatory statutory provisions.
22.2 This EULA does not contain any further restriction of statutory consumer rights.
23. No legal or tax advice
23.1 The Provider’s software products may provide technical functions that assist with legal, tax, data protection or organisational processes.
23.2 The software does not constitute individual legal, data protection or tax advice.
23.3 The customer is responsible for independently reviewing, or having a qualified professional review, the legal requirements applicable to their specific use case.
24. Changes to this EULA
24.1 Amended versions of this EULA generally apply to future contracts and licence packages.
24.2 For existing contractual relationships, amendments apply only insofar as they are validly agreed or there is a statutory basis for them.
24.3 Mandatory consumer rights and rights arising from open-source licences cannot be restricted by an amendment to this EULA.
25. Relationship with the Terms and Conditions
25.1 The Provider’s General Terms and Conditions apply in addition to this EULA.
25.2 In particular, conclusion of the contract, payment, withdrawal, general rights in the event of defects, liability, data protection, choice of law and jurisdiction are governed by the General Terms and Conditions unless this EULA contains a more specific provision.
25.3 In the event of contradictions between the General Terms and Conditions and this EULA, the more specific provisions of this EULA apply to matters concerning software use, licence activation, activation limits, updates and support.
26. Applicable law
26.1 The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
26.2 In relation to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the country in which the consumer has their habitual residence.
27. Place of jurisdiction
27.1 The statutory rules on jurisdiction apply to consumers.
27.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the Provider’s registered office is the place of jurisdiction to the extent permitted by law.
28. Final provisions
28.1 The contractual language is German unless expressly agreed otherwise.
28.2 If any provision of this EULA is or becomes wholly or partly invalid or unenforceable, the validity of the remaining provisions remains unaffected.
28.3 The statutory provisions apply in place of any invalid or unenforceable provision.