End User License Agreement (EULA)

1. Preamble and Scope

This End User License Agreement (“EULA” or “Agreement”) governs the use of all Dynamics 365 Business Central extensions (“Apps” or “Software”) published by giant Computer Systems (“Licensor”) on Microsoft AppSource.

The Agreement applies to all current and future apps from the Licensor unless a specific app is accompanied by a separate, superseding license agreement. By installing an app, the licensee accepts these terms in full.

Where the licensee is acting within the scope of its commercial or professional activity, the provisions of the German Commercial Code (HGB) apply in addition to the German Civil Code (BGB).

2. Definitions

• “App” / “Software” – Any Dynamics 365 Business Central extension published by the Licensor on Microsoft AppSource, including all documentation, updates, and patches.
• “Licensor” – giant Computer Systems, Germany.
• “Licensee” – The legal entity or natural person that installs or uses the App.
• “Tenant” – The Licensee’s own Microsoft Dynamics 365 Business Central environment (production or sandbox) in which the App is installed.
• “Microsoft AppSource” – Microsoft’s online marketplace for business applications, through which the Apps are distributed.
• “User” – Any individual authorized by the Licensee to access the Tenant in which the App is installed.
• “Update” – Bug fixes, patches, or minor version releases provided through Microsoft AppSource.
• “Upgrade” – A major version release that may include new features or architectural changes.

3. Contracting Parties

This Agreement is entered into between:

Licensor:
giant Computer Systems
Marc Breuer
Am Altengraben 23
90768 Fürth
Germany
E-mail: bc-support@giant-software.de

and

Licensee: The organisation or individual installing or using the App via Microsoft AppSource.

Where the Licensee acts through an authorised representative (e.g. a Dynamics 365 Business Central partner or IT administrator), that representative warrants that they have authority to bind the Licensee to this Agreement.

4. License Grant

Subject to the terms of this Agreement, the Licensor grants the Licensee a non-exclusive, non-transferable, revocable license to install and use the App within the Licensee’s own Dynamics 365 Business Central Tenant for internal business purposes.

The license is granted for the duration of the contractual relationship and covers all Users within the Tenant for which the App has been activated through Microsoft AppSource.

The scope of the license is determined by the license model published on the respective App’s product page or Microsoft AppSource listing. Where the App is offered free of charge, the Licensor reserves the right to change the license model for future versions with reasonable advance notice.

The license does not include the right to use the App as part of a service offering to third parties (e.g. SaaS, hosting, or managed service) unless explicitly agreed in writing.

5. License Model and AppSource Distribution

All Apps are distributed exclusively through Microsoft AppSource. The installation, billing, and license management are handled by the Microsoft AppSource platform in accordance with Microsoft’s terms of service.

The Licensor is not responsible for billing, payment processing, or subscription management conducted through Microsoft AppSource. Disputes regarding payments should be directed to Microsoft.

The Licensor may offer Apps under different pricing models including but not limited to: free, per-environment, or per-user licensing. The applicable model is stated on the product page and the AppSource listing.

6. Trial and Evaluation Use

Where an App is available for a free trial period through Microsoft AppSource, the Licensee may install and evaluate it in a sandbox or production environment for the duration of the trial.

Trial usage is subject to the same terms as full usage under this Agreement. The Licensor does not guarantee the availability, duration, or feature scope of trial periods and may modify or discontinue them at any time.

Upon expiration of the trial, continued use of the App requires activation of a paid license (where applicable) through Microsoft AppSource.

7. Restrictions

The Licensee shall not, except to the extent expressly permitted by mandatory law (in particular § 69d and § 69e UrhG):

• Copy, modify, adapt, translate, or create derivative works based on the App.
• Reverse engineer, decompile, or disassemble the App, except where mandatory law (e.g. EU Directive 2009/24/EC, § 69e UrhG) expressly permits such activities and only to the extent necessary for interoperability.
• Sell, sublicense, rent, lease, lend, or otherwise transfer the App or access to it to any third party.
• Use the App in violation of applicable laws, regulations, or this Agreement.
• Remove, obscure, or alter any proprietary notices, labels, watermarks, or trademarks on or in the App.
• Use the App to build a competing product or service.
• Circumvent or disable any technical protection measures, license checks, or access controls built into the App.

8. Intellectual Property

The App, including all source code, object code, documentation, user interfaces, graphics, and associated materials, is and remains the exclusive property of the Licensor or its licensors. The App is protected by the German Copyright Act (Urheberrechtsgesetz – UrhG), international copyright treaties, and other applicable intellectual property laws.

This Agreement does not convey any ownership rights. All rights not expressly granted herein are reserved by the Licensor.

The Licensee acknowledges that the App may contain trade secrets and confidential information of the Licensor.

9. Updates, Upgrades, and Compatibility

The Licensor may release Updates and Upgrades through Microsoft AppSource at its sole discretion. Unless accompanied by a separate agreement, all Updates and Upgrades are subject to this EULA.

The Licensor endeavours to maintain compatibility with current and recent Dynamics 365 Business Central versions but does not guarantee compatibility with every past or future release. The minimum supported Business Central version is stated on each product page.

The Licensee is responsible for testing updates in a sandbox environment before deploying to production, in line with standard Dynamics 365 Business Central best practices.

10. Support and Maintenance

The Licensor provides support for the Apps via e-mail at bc-support@giant-software.de. Support includes assistance with installation issues, configuration questions, and defect reports.

Support does not include:

• Customisation, consulting, or development services beyond the scope of the App.
• Issues caused by modifications to the Dynamics 365 Business Central environment or third-party extensions.
• Issues arising from use of the App outside the supported Dynamics 365 Business Central version range.

The Licensor reserves the right to offer premium support or consulting services under separate agreements.

11. Data Protection

The Licensor is committed to data protection in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR” / “DSGVO”) and the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG).

The Apps operate exclusively within the Licensee’s own Dynamics 365 Business Central environment. They do not transmit personal data or business data to servers operated by the Licensor. No telemetry, analytics, or tracking is performed by the Apps.

The processing of data within the Dynamics 365 Business Central environment is the responsibility of the Licensee as data controller under Art. 4 No. 7 GDPR. Microsoft acts as data processor for the underlying cloud infrastructure.

For full details, see our Privacy Policy.

12. Warranty (Gewährleistung)

The statutory warranty rights of the Licensee under German law (§§ 434 ff. BGB for purchase agreements or §§ 536 ff. BGB for licensing agreements, as applicable) remain unaffected.

The Licensor warrants that the App substantially conforms to the functional description published on its product page at the time of installation. The Licensor does not warrant that the App will operate uninterrupted, error-free, or in combination with every third-party extension or customisation.

Defects must be reported in writing (e-mail is sufficient) with a reasonable description of the issue and steps to reproduce it. The Licensor shall have the right to remedy defects by providing a corrected version or a workaround (Nacherfüllung).

For Apps provided free of charge, warranty is limited to cases of fraudulent concealment of defects (§ 524 BGB).

13. Limitation of Liability (Haftungsbeschränkung)

The Licensor’s liability is governed by the following provisions in accordance with German law:

• Unlimited liability: The Licensor is liable without limitation for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), for damages arising from injury to life, body, or health, and for liability under the German Product Liability Act (Produkthaftungsgesetz).
• Limited liability: In cases of slight negligence (leichte Fahrlässigkeit), the Licensor is only liable for breaches of material contractual obligations (wesentliche Vertragspflichten / Kardinalpflichten). In such cases, liability is limited to the foreseeable, contract-typical damages. Total aggregate liability in these cases is limited to the amount paid by the Licensee for the App during the twelve (12) months preceding the event giving rise to the claim.
• Exclusion: Liability for indirect, incidental, or consequential damages (including lost profits, business interruption, or loss of data) is excluded to the maximum extent permitted by law, except in cases of intent or gross negligence.

For Apps provided free of charge, the Licensor is only liable for intent and gross negligence (§ 521 BGB).

The above limitations apply equally to the Licensor’s employees, agents, and subcontractors.

14. Term and Termination

This Agreement becomes effective upon installation of the App and remains in effect for as long as the App is installed and used in the Licensee’s Tenant, unless terminated earlier.

Termination by the Licensee: The Licensee may terminate this Agreement at any time by uninstalling the App from all Tenants and ceasing all use.

Termination by the Licensor: The Licensor may terminate this Agreement with immediate effect if the Licensee materially breaches any provision of this Agreement and fails to cure such breach within fourteen (14) days of receiving written notice.

Termination for cause: The right of either party to terminate the Agreement for cause (Kündigung aus wichtigem Grund, § 314 BGB) remains unaffected.

Effect of termination: Upon termination, all rights granted under this Agreement cease immediately. The Licensee must uninstall the App and delete all copies. Sections 8 (Intellectual Property), 12 (Warranty), 13 (Limitation of Liability), and 19 (Governing Law) survive termination.

15. Confidentiality

The Licensee agrees to treat as confidential any non-public information about the App’s internal architecture, algorithms, or technical implementation that the Licensee may become aware of through use or support interactions.

This obligation does not apply to information that is or becomes publicly available through no fault of the Licensee, was already known to the Licensee before disclosure, or must be disclosed by law or court order.

16. Third-Party Components

The App may incorporate third-party libraries or components. Where applicable, the relevant license terms for such components are documented within the App or its documentation. The Licensee agrees to comply with any applicable third-party license terms.

The Licensor is not responsible for the functionality, security, or availability of third-party components beyond the scope of statutory warranty.

17. Export Control

The Licensee shall comply with all applicable export control laws and regulations, including EU regulations and German foreign trade law (Außenwirtschaftsgesetz – AWG). The App may not be exported, re-exported, or transferred to any country, entity, or person prohibited under applicable export control laws.

18. Severability (Salvatorische Klausel)

Should any provision of this Agreement be or become invalid, void, or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic purpose of the original provision. The same applies to any gaps in this Agreement.

19. Text Form and Amendments (Textform)

Amendments, supplements, or the termination of this Agreement must be made in text form (Textform, § 126b BGB). E-mail is sufficient to satisfy this requirement.

No oral side agreements have been made. This requirement of text form can itself only be waived in text form.

20. Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding conflict-of-law rules.

If the Licensee is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement shall be the courts competent for the registered office of the Licensor.

For consumers, the statutory provisions on jurisdiction apply.

21. Entire Agreement

This EULA, together with any product-specific terms published on the respective App’s product page, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

In the event of a conflict between this EULA and terms published on a specific product page, the product-specific terms shall prevail to the extent of the conflict.

The Microsoft AppSource Terms of Use apply in parallel and are not superseded by this Agreement.

22. Contact

giant Computer Systems
Marc Breuer
Am Altengraben 23
90768 Fürth
Germany

E-mail: bc-support@giant-software.de

See also the Privacy Policy.