Agreement of End User Licence

End User License Agreement (EULA) for Excel tools from Sustainable AG Unternehmensberatung as part of the feasibility study on carbon certification in agroforestry systems in Brazil and Central Asia (Lot 1 and Lot 3)

1. Introduction
This End User License Agreement (EULA) is a legally binding contract between the licensee and Sustainable AG Unternehmensberatung, Corneliusstraße 10, 80469 München, Germany as licensor, which regulates the use of the developed Excel tools. By accessing and using the tools, you agree to the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the tools.

2. Grant of License
You are hereby granted a non-exclusive, non-transferable license to use the tools in accordance with the terms of this EULA. This license is limited to the use of the tools for internal business or personal purposes and excludes any redistribution, lending or sublicensing outside the own purposes.

2.1 Rights of use
You may make backup copies of the tools, provided that these copies are used only for backup purposes and contain all copyright notices and other protective notices of the original version.

3. Restrictions
• You may not modify, reverse engineer, decompile or disassemble the tools unless this is expressly permitted by applicable law.
You may not use the tools to develop derivative works or to create a competing product.

4. Ownership rights
The tools and all associated intellectual property rights remain the exclusive property of Sustainable AG Unternehmensberatung. This EULA does not grant you ownership of the tools, but only a limited right of use in accordance with the terms of this EULA. The tools and the copyrighted information contained therein must be treated as confidential and may not be passed to third parties.

5. Disclaimer of warranty
The tools are provided “as is” and without warranty. No warranty or guarantee, either express or implied, is given with regard to merchantability, fitness for a particular purpose or non-infringement of third party rights.

6. Limitation of Liability
In no event shall Sustainable AG Unternehmensberatung be liable for any direct, indirect, incidental, special or consequential damages, including but not limited to lost profits, lost data or business interruption, arising out of the use or inability to use the tools, even if advised of the possibility of such damages.

7. Term and Termination
This EULA takes effect upon use of the tools and remains in effect until terminated by the licensee or licensor. You may terminate this EULA at any time by destroying the tools and all copies thereof. The licensor may terminate this EULA with immediate effect if you breach the terms of this EULA.

8. Applicable Law
This agreement is governed by the federal law of the Federal Republic of Germany and the law of the State of Bavaria, the place of jurisdiction is Munich. Any dispute arising out of or relating to this EULA shall be subject to the exclusive jurisdiction of the courts in the country in which the Licensor’s company is located.

9. Final Provisions
• This EULA constitutes the entire agreement between you and the Licensor with respect to the use of the Tools and supersedes all prior or contemporaneous agreements, understandings or arrangements, whether written or oral.
• If any provision of this EULA is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this EULA shall remain in full force and effect.
• A waiver of any provision of this EULA shall not be deemed a further or continuing waiver of that or any other provision.