Data protection policy

We are pleased that you are visiting our website. The protection and security of your personal information when using our website is very important to us. We would therefore like to inform you at this point which of your personal data we collect when you visit our website and for what purposes they are used.

This data protection declaration applies to the Internet offering of fme AG – migration-center, which can be accessed under the domain https://migration-center.com and the various sub-domains (“our website”).

Who is responsible and how do I reach you?

Responsible for the processing of personal data within the meaning of the EU data protection basic regulation (GDPR)

fme AG
Wolfenbütteler street 33
38102 Braunschweig
Germany
Email: info(at)migration-center.com

Managing Director: Dirk Bode
Supervisory Board: Stefan H. Tarach (Chairman), Volker Greisbach ( Vice Chairman), Dr. Axel Krieger
Commercial register at Braunschweig Local Court: HRB 5422 (Commercial register number)
VAT ID No. (sales tax ID number): DE 178236072
(hereinafter referred to as “fme”)

Data protection officer (m/f)
Philipp Herold Unternehmensberatung GmbH
Phone: +49 451 4988023
Fax: +49 451 4988024
Email: philipp.herold(at)hub24.de
Internet: www.mein-datenschutzbeauftragter.de

What’s this about?

This data protection declaration meets the legal requirements for transparency in the processing of personal data. This is all information relating to an identified or identifiable natural person. This includes, for example, information such as your name, age, address, telephone number, date of birth, e-mail, IP address or user behavior when visiting a website. Information where we cannot (or only with a disproportionate effort) establish a reference to your person, e.g. through anonymization, is not personal data. The processing of personal data (e.g. the collection, retrieval, use, storage or transmission) always requires a legal basis and a defined purpose.

Stored personal data shall be deleted as soon as the purpose of the processing has been achieved and there are no legitimate reasons for further storage of the data. We will inform you in the individual processing operations about the specific storage periods or criteria for storage. Independently of this, we will store your personal data in individual cases for the assertion, exercise or defense of legal claims and in the event of statutory storage obligations.

Who gets my data?

Your personal information will be shared as described below.

The website is hosted by an external service provider in Germany. We ensure that the data processing takes place exclusively in Germany. This is necessary for the operation of the website as well as for the establishment, implementation and handling of the existing user contract with the web host and is also possible without your consent.

In addition, data is passed on if we are entitled or obliged to pass on data due to legal regulations and/or official or court orders. This may in particular involve the provision of information for criminal prosecution, security purposes or the enforcement of intellectual property rights.

If your data is passed on to service providers to the extent necessary, these service providers will only have access to your personal data to the extent that this is necessary for the fulfilment of their tasks. As far as no personal reference is required for the fulfilment of the pursued purposes, your data will be pseudonymized or anonymized for further data processing. The service companies commissioned by us are obliged to treat your personal data in accordance with the applicable data protection laws, in particular the GDPR.

Your personal data is currently transferred to the following categories of service providers/recipients depending on the use of our website.

  • Web analytics service provider to analyze the use of our website by visitors
  • Provider of marketing services
  • Service providers offering a comment system
  • Recruitment of service providers
  • Group companies of fme AG

Relevant agreements on order processing have been concluded with the respective service provider of fme.

Information on the service providers we use can be found at the appropriate places within this data protection declaration (e.g. Google Analytics, Newsletter etc.).

When using our service providers, we may transfer personal data to locations in a third country, i.e. to a country outside the EU or EEA. In these cases, EU standard contractual clauses between fme and the respective service provider of fme provide sufficient guarantees for the data transfer. Therefore, please refer to the corresponding notes at the appropriate places in this data protection declaration. We do not pass on any personal data to an international organization.

Apart from the above-mentioned circumstances, we will not pass on your data to third parties without your consent.

Which rights do I have?

Under the conditions of the statutory provisions of the Basic Data Protection Regulation (GDPR) and the Federal Data Protection Act (FEDERAL DATA PROTECTION ACT), you have the following rights as a data subject:

  • Information in accordance with Art. 15 GDPR, § 34 FEDERAL DATA PROTECTION ACT about the data stored about you in the form of meaningful information on the details of the processing as well as a copy of your data;
  • Correction according to Art. 16 GDPR of incorrect or incomplete data stored by us;
  • Deletion according to Art. 17 GDPR of the data stored with us, as far as the processing is not necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
  • Restriction of processing in accordance with Art. 18 GDPR if the accuracy of the data is disputed, the processing is unlawful, we no longer require the data and you refuse to delete it because you need it to assert, exercise or defend legal claims or you have objected to the processing in accordance with Art. 21 GDPR.
  • Data transferability in accordance with Art. 20 GDPR, insofar as you have provided us with personal data within the scope of a consent in accordance with Art. 6 para. 1 lit. a GDPR or on the basis of a contract in accordance with Art. 6 para. 1 lit. b GDPR and these have been processed by us using automated procedures. You will receive your data in a structured, common and machine-readable format or we will transfer the data directly to another responsible party, as far as this is technically feasible.
  • Objection in accordance with Art. 21 GDPR to the processing of your personal data, insofar as this takes place on the basis of Art. 6 para. 1 lit. e, f GDPR and there are reasons for this which arise from your particular situation or the objection is directed against direct advertising. The right of objection does not apply if overriding, compelling reasons for processing worthy of protection are demonstrated or if the processing is carried out for the purpose of asserting, exercising or defending legal claims. Where the right of objection does not apply to individual processing operations, this is indicated there.
  • Cancellation according to Art. 7 para. 3 GDPR of your given consent with effect for the future.
  • Complaint pursuant to Art. 77 GDPR to a supervisory authority if you believe that the processing of your personal data violates the GDPR. As a rule, you can contact the supervisory authority at your usual place of residence, your place of work or our company headquarters.

How is my data processed in detail?

Personal data is only collected and processed by fme if you expressly agree to make your data available, e.g. by filling out forms or sending emails in connection with inquiries or orders for products or services.

In the context of the forms to be filled out, this data is as follows:

Request a Free Evaluation Copy

  • Name
  • Email
  • Phone
  • Company
  • Country
  • Migration path(s)
  • Source system(s)
  • Target system(s)
  • Comment(s)

Request for sales information

  • Name
  • Email
  • Phone
  • Company
  • Country
  • Message

Request an online demo

  • Name
  • Email
  • Phone
  • Company
  • Country
  • Proposed date
  • Source system(s)
  • Target system(s)
  • Comment(s)

Request for a price quotation

  • Name
  • Email
  • Phone
  • Company
  • Country
  • Project start
  • Project end
  • Migration path(s)
  • Source system(s)
  • Target system(s)
  • License type(s)
  • Comment(s)

Registration for webinars

  • First name
  • Last name
  • Email
  • State
  • Country
  • Company
  • Job title

Request for marketing material

  • Name
  • Email
  • Company
  • Country

Setting a comment

  • Name
  • Email
  • Website

Request for a welcome package

  • Name
  • Email
  • Company
  • Street
  • City
  • Postcode
  • Country

(in the following referred to as “personal data”)

The personal data and content provided by you remain exclusively with fme, its affiliated companies and the provider. fme will only collect your data for the purposes mentioned in para. 6. Any use beyond the stated purpose requires your express consent. The same applies to the disclosure and transmission of your data to third parties.

Purpose of data collection

Personal data is processed by fme exclusively for the following purposes:

  • to get in contact with us;
  • to enable the services offered by fme;
  • for the associated correspondence with you;
  • to process your enquiry and to provide you with further advice if required;
  • Statistical evaluation of the use of our website.

For purposes other than those mentioned above, fme uses personal data only to the extent necessary to protect the legitimate interests of third parties or to avert dangers to state or public security or to prosecute criminal offences.

The personal data is stored and processed exclusively on servers in the European Union.

Provision of the website

Form and scope of the processing

When you access and use our website, we collect personal data that your browser automatically transmits to our server. The following information is temporarily stored in a so-called log file:

  • IP address of the requesting computer
  • Date and time of access
  • Name and URL of the retrieved file
  • Website from which the access takes place (referrer URL)
  • Browser used and, if applicable, the operating system of your computer, as well as the name of your access provider

Our website is not hosted by ourselves, but by a service provider who, for the purpose of providing the website, processes the aforementioned data on our behalf in accordance with Art. 28 GDPR.

Purpose and legal basis

The processing is carried out in order to safeguard our predominant legitimate interest in displaying our website and to guarantee security and stability on the basis of Art. 6 para. f GDPR. The collection of data and storage in log files is mandatory for the operation of the website. There is no right of objection to the processing due to the exception according to Art. 21 para. 1 GDPR. Insofar as the further storage of log files is required by law, processing is based on Art. 6 para. 1 lit. c GDPR. There is no legal or contractual obligation to provide the data, but it is technically impossible to call up our website without providing the data.

Storage duration

The aforementioned data will be stored for the duration of the display of the website and for technical reasons for a maximum of one month.

Contact sheet

Form and scope of the processing

On our website we offer you the possibility to contact us via a provided form. The information that is collected via mandatory fields is required to process your request. In addition, you can voluntarily provide additional information that you consider necessary for processing the contact request.

When using the contact form, your personal data will not be passed on to third parties.

Purpose and legal basis

The processing of your data by using our contact form is for the purpose of communication and processing of your request based on your consent in accordance with Art. 6 para. 1 lit. a GDPR. Insofar as your enquiry relates to an existing contractual relationship with us, processing for the purpose of fulfilling the contract is based on Art. 6 para. 1 lit. b GDPR. There is no legal or contractual obligation to provide your data, but the processing of your inquiry is not possible without providing the information of the mandatory fields. If you do not wish to provide this data, please contact us by other means.

Storage duration

If you use the contact form on the basis of your consent, we store the data collected for each enquiry for a period of three years, starting with the completion of your enquiry or until your consent is recalled.

With regard to the retention period, we delete personal data as soon as they are no longer required for the fulfilment of the original purpose and there are no longer any statutory retention periods. The legal retention periods are ultimately the criterion for the final duration of the storage of personal data.

If retention periods exist, processing is restricted by blocking the data. After this period has expired, the corresponding data is routinely deleted.

Comments and posts

Form and scope of the processing

If you use the comment function on our website, we collect your name, email, username or similar and comments and store this data together with the IP address and date. If you write comments as a registered user, we also assign these to your user account.

Because we offer the additional option of commentary subscription, the processing of your comments also includes forwarding them to subscribers by email.

Your personal data will not be passed on to other recipients for the use of the comment function.

Purpose and legal basis

Your personal data is processed for the purpose of commenting on the contents of our website based on your consent in accordance with Art. 6 para. 1 lit. a GDPR. You can declare your revocation in accordance with Art. 7 para. 3 GDPR at any time with effect for the future by informal notification. There is no legal or contractual obligation to provide your data, but the use of the comment function is not possible without disclosing your data.

Storage duration

We store the data collected from you within the legal retention periods in accordance with Art. 6 para. 1 lit. c GDPR. If we have collected this data based on your consent, we will delete it upon your revocation.

Use of third party services

Bootstrap

Form and scope of the processing

We use Bootstrap CDN to properly deliver the content of our website. Bootstrap CDN is a service provided by Bootstrap which acts as a Content Delivery Network (CDN) on our website.

A CDN helps to make contents of our online offer, especially files such as graphics or scripts, available more quickly with the help of regionally or internationally distributed servers. When you access this content, you establish a connection to servers of Bootstrap, whereby your IP address and possibly browser data such as your user agent are transmitted. This data is processed solely for the above purposes and to maintain the security and functionality of Bootstrap CDN.

Purpose and legal basis

The use of the Content Delivery Network (CDN) is based on our legitimate interests, i.e. interest in a secure and efficient provision and optimization of our online offer in accordance with Art. 6 para. 1 lit. f GDPR.

Storage duration

The concrete storage duration of the processed data cannot be influenced by us but is determined by Bootstrap. For more information, please refer to the Bootstrap CDN Privacy Policy: https://www.bootstrapcdn.com/privacy-policy/.

DataTables CDN

Form and scope of the processing

We use DataTables CDN to properly deliver the content of our website. DataTables CDN is a service provided by SpryMedia, Ltd. which acts as a Content Delivery Network (CDN) on our website.

A CDN helps to make contents of our online offer, especially files such as graphics or scripts, available more quickly with the help of regionally or internationally distributed servers. When you access this content, you connect to servers of SpryMedia, Ltd. and your IP address and possibly browser data such as your user agent is transmitted. This data is processed solely for the above purposes and to maintain the security and functionality of DataTables CDN.

Purpose and legal basis

The use of the Content Delivery Network (CDN) is based on our legitimate interests, i.e. interest in a secure and efficient provision and optimisation of our online offer in accordance with Art. 6 para. 1 lit. f GDPR.

Storage duration

The actual storage period of the processed data cannot be influenced by us, but is determined by SpryMedia, Ltd. For further information, please refer to the DataTables CDN Privacy Policy: https://cdn.datatables.net/privacy.html.

Google Analytics

Form and scope of the processing

We use Google Analytics from Google, LLC, Gordon House, Barrow Street, Dublin 4, Ireland, as an analysis service for statistical evaluation of our online offer. This includes, for example, the number of hits on our website, sub-pages visited and the length of time visitors spend on our website.

Google Analytics uses cookies and other browser technologies to evaluate user behaviour and recognise users.

This information is used, among other things, to compile reports on website activity.

Purpose and legal basis

We process data with the help of Google Analytics for the purpose of optimizing our website and for marketing purposes based on your consent in accordance with Art. 6 para. 1 lit. a GDPR.

Storage duration

The actual storage period of the processed data cannot be influenced by us, but is determined by Google, LLC. Further information can be found in the privacy policy for Google Analytics: https://policies.google.com/privacy?hl=de-DE.

Google DoubleClick

Form and scope of the processing

We have integrated components from DoubleClick by Google on our website. DoubleClick is a brand of Google, under which mainly special online marketing solutions are marketed to advertising agencies and publishers. DoubleClick by Google transfers data to the DoubleClick server with every impression, click or other activity.

Each of these data transfers triggers a cookie request to the browser of the person concerned. If the browser accepts this request, DoubleClick sets a cookie in your browser.

DoubleClick uses a cookie ID, which is required to complete the technical process. For example, the cookie ID is needed to display an advertisement in a browser. DoubleClick may also use the cookie ID to track which ads have already been displayed in a browser to avoid duplication. The cookie ID also enables DoubleClick to track conversions. For example, conversions are captured when a DoubleClick ad has been previously displayed to a user and that user subsequently makes a purchase on the advertiser’s website using the same Internet browser.

A DoubleClick cookie does not contain any personal information, but it may contain additional campaign identifiers. A campaign identifier is used to identify campaigns you have already been in contact with on other websites. As part of this service, Google will learn about data that is also used by Google to generate commission statements. Among other things, Google can track that you have clicked on certain links on our site. In this case your data will be passed on to the operator of Double Click, Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. Further information and DoubleClick by Google’s applicable privacy policy can be found at https://www.google.com/intl/de/policies/.

Purpose and legal basis

We process your data with the aid of the Double-Click cookie for the purpose of optimizing and displaying advertising based on your consent in accordance with Art. 6 para. 1 lit. a GDPR. You give your consent by adjusting the settings for the use of cookies (cookie banner / Consent Manager), with which you can also declare your revocation at any time with effect for the future in accordance with Art. 7 para. 3 GDPR. Among other things, the cookie is used to place and display user-relevant advertisements and to create reports on advertising campaigns or to improve them. Furthermore, the cookie serves to avoid multiple displays of the same advertisement. Each time you view a single page on our website that has a DoubleClick component embedded, your browser is automatically prompted by the DoubleClick component to submit data to Google for the purposes of online advertising and commissions. There is no legal or contractual obligation to provide your data. If you do not give us your consent, a visit to our website is possible without restriction, but not all functions may be available in full.

Storage duration

The concrete storage period of the processed data cannot be influenced by us, but is determined by Google, LLC. For more information, please see the Google DoubleClick privacy policy: https://policies.google.com/privacy.

Google Fonts

Form and scope of the processing

We use Google Fonts from Google, LLC, Gordon House, Barrow Street, Dublin 4, Ireland, as a service to provide fonts for our online offering. To obtain these fonts, you connect to Google, LLC servers and your IP address is transmitted.

Purpose and legal basis

The use of Google Fonts is based on our legitimate interests, i.e. interest in a uniform provision as well as the optimization of our online offer according to Art. 6 para. 1 lit. f GDPR.

Storage duration

The concrete storage period of the processed data cannot be influenced by us, but is determined by Google, LLC. Further information can be found in the privacy policy for Google Fonts: https://policies.google.com/privacy.

Google Tag Manager

Form and scope of the processing

We use the Google Tag Manager of Google, LLC, Gordon House, Barrow Street, Dublin 4, Ireland. Google Tag Manager is used to manage website tags through an interface and allows us to control the precise integration of services on our website and to collect data.

This allows us to flexibly integrate additional services and evaluate user access to our website.

Purpose and legal basis

The use of Google Tag Manager is based on our legitimate interests, i.e. interest in the optimisation of our services in accordance with Art. 6 para. 1 lit. f GDPR.

Storage duration

The actual storage period of the processed data cannot be influenced by us, but is determined by Google, LLC. For more information, please see the Google Tag Manager Privacy Policy: https://marketingplatform.google.com/about/analytics/tag-manager/use-policy/.

Google reCAPTCHA

Form and scope of the processing

We have integrated components from Google reCAPTCHA on our website. Google reCAPTCHA is a service of Google, LLC and enables us to distinguish whether a contact request comes from a natural person or is automated by a program. When you access this content, you connect to servers of Google, LLC, Gordon House, Barrow Street, Dublin 4, Ireland, where your IP address and possibly browser data such as your user agent are transmitted. Furthermore, Google reCAPTCHA records the user’s dwell time and mouse movements to distinguish automated requests from human ones. This data is processed solely for the above-mentioned purposes and to maintain the security and functionality of Google reCAPTCHA.

Purpose and legal basis

The use of the service is based on our legitimate interests, i.e. for protection when transmitting forms in accordance with Art. 6 para. 1 lit. f GDPR.

Storage duration

The concrete storage period of the processed data cannot be influenced by us, but is determined by Google, LLC. For more information, please see the Google reCAPTCHA privacy policy: https://policies.google.com/privacy?hl=en-US.

YouTube

Form and scope of the processing

We have integrated YouTube video on our website. YouTube Video is a component of the video platform of YouTube, LLC, where users can upload content, share it over the Internet and receive detailed statistics.

YouTube Video allows us to integrate content from the platform into our website.

YouTube Video uses cookies and other browser technologies to analyze user behavior, recognize users and create user profiles. This information is used, among other things, to analyze the activity of the content listened to and to generate reports. If a user is registered with YouTube, LLC, YouTube Video may associate the videos played with the profile.

When you access this content, you connect to servers at YouTube, LLC, and your IP address and, if applicable, browser information such as your user agent is transmitted.

Purpose and legal basis

The use of the service is based on our legitimate interests, i.e. interest in a platform-independent provision of content in accordance with Art. 6 para. 1 lit. f GDPR.

Storage duration

The actual storage period of the processed data cannot be influenced by us, but is determined by YouTube, LLC. For more information, please see the YouTube Video Privacy Policy: https://policies.google.com/privacy.

Zendesk

Form and scope of the processing

Our website uses the Zendesk ticket system to make it easier for you to communicate with us. In the course of using it, we do not store any data or link it to other data in our system. Information about data protection and the data collected by Zendesk can be found here: https://www.zendesk.de/company/customers-partners/eu-data-protection/.

Purpose and legal basis

Maintaining the user-friendliness of our website based on our legitimate interest in accordance with Art. 6 para. 1 lit. f GDPR.

An adequacy finding by the EU Commission for the transfer of data to the US is available: “Implementing Decision (EU) 2016/1250 of the Commission of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection provided by the EU-US data protection shield (EU-US data protection shield)”.

Storage duration

We store the data collected from you within the legal retention periods in accordance with Art. 6 para. 1 lit. c GDPR. If we have collected this data based on your consent, it will be deleted by us upon revocation by you.

LogMeIn GoToWebinar

Form and scope of the processing

For the realization of our offered webinars we use the service GoToWebinar from LogMeIn, Inc. 333 Summer Street, Boston, MA, USA.

You can register to participate. Among other things, personal data will be required from you. This information typically includes: first name, last name, email, state, country, company, job title.

The service is carried out directly via the GoToWebinar service. GoToWebinar is responsible for data processing in the context of the webinar. The data protection regulations of the service can be viewed at: https://www.logmeininc.com/de/legal/privacy.

During and after the webinar, we receive statistical information about the use of our service from the service provider. In addition, personal data may be transmitted during the webinar if you actively participate during the webinar and, for example, ask a question or work together on various issues.

Purpose and legal basis

The processing of your personal data is necessary to fulfil our contractual obligations.

The legal basis for processing is therefore Art. 6 para. 1 lit. b GDPR as well as Art. 6 para. 1 lit. f GDPR about the personal data of the contact person who is not himself a party to the contract. The legitimate interest consists in the establishment and execution of the contractual relationship.

Storage duration

We store the data collected from you within the legal retention periods in accordance with Art. 6 para. 1 lit. c GDPR. If we have collected this data based on your consent, we will delete it upon your revocation.

General information about the presence of the migration-center in social networks

We use social networks to present our company in the best possible way, to communicate with you as a user, customer or interested party and to inform you about the services we offer. You can find us on the following platforms/social networks:

  • Facebook
  • LinkedIn
  • XING
  • YouTube
  • Twitter

When using social networks, data is also processed outside the European Union (EU) and the European Economic Area (EEA). An equivalent level of data protection as in the EU cannot be guaranteed in all countries outside the EU. This may entail risks for you as a user if the data transmitted is processed in so-called third countries with an inadequate level of data protection and privacy.

This makes it difficult to enforce the user rights known to us. It is also possible that the provider in the third country does not process your data in your interest. Certain providers in the USA have certified themselves under the so-called Privacy Shield Agreement – a data protection agreement between the USA and the EU. These providers are obliged to comply with EU data protection standards.

The processing purposes of social networks are usually different from ours. For example, the data collected from you in social networks is generally processed for the purposes of market research, advertising and the creation of user profiles for personalized advertising (e.g. Facebook, Google etc.).

In order to achieve this, cookies are used to record user behavior and enable the creation of a profile. In the case of Facebook, a user profile is also created for people who do not have a registered account on Facebook. A list of the processing purposes of the user data provided can be found in the data protection and data security notes of the respective providers. You can limit the creation of your profile to a certain extent by making appropriate settings in your user account. For the exact procedure, please read the data protection information of the respective provider.

Facebook fan page

When you visit our Facebook page, Facebook collects, among other things, your IP address and other information that is available in the form of cookies on your PC. This information is used to provide us, as operators of Facebook pages, with statistical information about the use of the Facebook page. Facebook provides more information about this at the following link: http://de-de.facebook.com/help/pages/insights .

It is not possible for us to draw conclusions about individual users from the statistical information that is transmitted to us. We use such information only to meet the interests of our users and to continuously improve and secure the quality of our online presence.

Through our fan page we collect your data only to enable you to communicate and interact with us. This collection generally includes your name, message content, comments, and the profile information that you voluntarily and “publicly” provide.

The processing of your personal data for the above-mentioned purposes is based on our legitimate business and communicative interest in the provision of an information and communication channel in accordance with Art. 6 para. 1 lit. f GDPR. If you as a user have given your consent to the respective provider of the social network to process your data, the legal basis for processing extends to Art. 6 para. 1 lit. f, a, Art. 7 GDPR.

Because the actual data processing is done by the social network provider, only this provider has completely free access to your data, which we do not have. Therefore, only the provider can directly take and implement appropriate measures to fulfil your rights of use (request for information, request for deletion, objection, etc.). An assertion of the corresponding rights is therefore most effective if it is directed directly against the respective provider.

Should you nevertheless require assistance in this matter, please do not hesitate to contact us.

Rights of data subjects

Facebook’s “Page Controller Addendum” shows the rights and obligations to be observed in relation to Facebook, which can be found behind this link: https://www.facebook.com/legal/terms/page_controller_addendum .

If you request information, we will forward it to Facebook and ask you to fill out the corresponding contact form at: https://www.facebook.com/login.php?next=https%3A%2F%2Fwww.facebook.com%2Fhelp%2Fcontact%2F308592359910928 .

Below you will find a detailed description of how the data processing is carried out by the providers and what options you must refuse your consent via the corresponding links to the providers’ websites:

Free Evaluation Copy license agreement

Please read the following conditions carefully before you install and use the free trial version of migration-center By installing the free trial version of migration-center for non-productive use, you agree to the terms of this license agreement. Other terms and conditions are not accepted. The use of the software is exclusively subject to the following conditions. If you do not agree with any of the terms and conditions of this agreement, you may not download and install this software.

Subject of this agreement

fme AG, headquartered at Wolfenbütteler street 33, 38102 Braunschweig, Germany (hereinafter referred to as “Licensor”) develops computer programs (hereinafter referred to as “Software”) and markets their use to third parties (“Licensee”). fme AG grants the Licensee a non-transferable and non-exclusive right to use the Software free of charge for a limited period of time for testing or evaluation purposes (non-productive use). The Software is made available for download on the fme AG website on the Internet.

Granting of licenses; right of use; restrictions on use

Internal use

Use of the Software is limited to internal use by the Licensee. Licensee shall have no right under this Agreement to any external use of the Software, whether through services provided by Licensee or through sublicensing or otherwise making the Software available to third parties in any form whatsoever. Notwithstanding the foregoing, third parties who are subcontractors of Licensee may provide services to Licensee that include the use of the Software, as long as the Software remains in Licensee’s IT infrastructure and as long as such subcontractors have agreed to the terms and conditions of this Agreement.

Form of use

Licensee may not use the Software in any manner not specified in the user manual or in this Agreement, or contrary to instructions or other communications from Licensor, or in a manner that is illegal, for an illegal purpose, or for a purpose that is illegal, or directly or indirectly infringes the rights of any third party.

Copyright

The software is protected by copyright. The copyright remains with the licensor. The licensee is not allowed to assign or distribute sublicenses. All right, title and interest, title and interest in and to the Software (including but not limited to the accompanying source code, object code and documentation) are and shall remain solely and exclusively with Licensor. Licensee agrees not to take any action that may jeopardize, limit or impair in any way Licensor’s ownership or rights in the Software. All such rights shall remain exclusively with the Licensor and, if applicable, with the listed component suppliers, whose own individual license terms shall be equally binding on the Licensee. The Licensee does not acquire any rights, titles or interests in the Software, other than the right to use the Software as expressly provided in this Agreement. Licensee acknowledges that the Software is protected by copyright and other intellectual property laws and international treaties, and agrees to comply with all applicable laws, regulations and treaties relating thereto.

Copy and backup

Licensee may not copy the Software except as necessary to execute and operate the Software on a particular computer system for testing or evaluation purposes (non-productive use). The Licensee is not permitted to make copies of this software for other purposes, to reproduce the software in any other way and/or to make the software available to third parties.

Source code

The Software is provided in object code format only. Licensee shall refrain from any attempt to obtain the source code by disassembly, decompilation, reverse engineering or any other method.

Manipulation and adaptation

The Licensee is not permitted to make changes to the Software, in particular to further develop the Software, to retranslate it or to extract parts thereof. The Licensee may not alter or remove the copyright or other proprietary rights within the Software.

Third Party Software Components

The non-proprietary components used in the Software are subject to the license agreements of the respective rights holder and are mandatory for the licensee.

Limited software warranty

The Licensee is aware that, according to the current state of the art, errors in software programs cannot be ruled out and that it is impossible to create data processing programs in such a way that they function perfectly with programs of third parties under all application conditions and under all requirements of the Licensee. No guarantees can be given regarding certain properties or the usability for individual applications intended by the Licensee.

Regarding to the free provision of the Software, liability for material defects and defects of title is limited to fraudulent concealment on the part of the Licensor. The use of the Software under these terms and conditions is at the sole risk of the Licensee and is limited exclusively to testing or evaluating the Software. It does not entitle the licensee to software support, error correction or warranty.

Limitation of liability

The liability of the licensor is excluded due to the fact that the software is provided free of charge, with the exception of liability under the Product Liability Act, i.e. for intent or fraudulent intent, for gross negligence, for injury to life, body or health, for fraudulent concealment of a defect or for breach of material contractual obligations. The claim for damages for the violation of essential contractual obligations is limited to the contract-typical, foreseeable damage, unless intent or gross negligence exists. This does not imply a reversal of the burden of proof towards the licensee.

Term and termination

This Agreement is of limited duration and may be terminated by the Licensor at any time. The Licensor reserves the right to terminate the License by giving the Licensee extraordinary notice for breach of this License Agreement. Upon termination of this Agreement for any reason whatsoever, Licensee must immediately cease using the Software. All existing copies of the Software, including any Software updates received, must be returned to Licensor or, with Licensor’s express consent, deleted from Licensee’s computers and backups. All documentation of the Software delivered to the Licensee must also be returned or destroyed. No termination or expiration of this Agreement will affect the survival and enforceability of any provision of this Agreement whose survival is expressly or implicitly intended by the parties.

General provisions

This contract is subject to the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), and each party submits to the exclusive jurisdiction of the state and federal courts in the Federal Republic of Germany in connection with this contract. This Agreement shall apply for the benefit of the parties and their respective legal successors, affiliates and permitted assignees, without regard to the conflict of laws rules of the Federal Republic of Germany and shall be binding upon them.

Severability clause

If one of the above terms and conditions is or becomes invalid, the parties shall agree on a valid provision that comes closest to the original economic purpose.

Note on data protection

In order to protect your personal data and to comply with the Data Protection Act, we collect individual data on the website to which the product refers only to the extent technically necessary or for internal, statistical marketing purposes. By accepting this license agreement, I agree to receive product-related emails from fme.

This website, to which the product refers, uses Google Analytics, a web analysis service provided by Google Inc. (“Google”) is provided. Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties if required by law or if third parties process this data on behalf of Google. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you agree to the processing of the data collected about you by Google in the manner and for the purpose described above.

The licensor is not able to assign this data to specific persons. A consolidation of this personal data with other data sources is not carried out.

You have the right to request information about your personal data, its origin and the purpose of the data processing at any time. Please use our e-mail address info(at)migration-center.com for your inquiries.