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 Straße 33
38102 Braunschweig
Germany
Email: info(at)migration-center.com

Managing Director: Dirk Bode
Supervisory Board: Stefan H. Tarach (Chairman), Dr. Axel Krieger (Deputy), Dr. Markus Böhme
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

Thumbnail | Certificate | Mein-Datenschutzbeauftragter.de | Digital Privacy Protection

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 for a Free Evaluation Copy

  • Full name
  • Business email
  • Phone
  • Company
  • Country
  • Migration source
  • Migration target
  • Comments

Request for a PoC Package

  • Full name
  • Business email
  • Phone
  • Company
  • Country
  • Planned PoC start
  • Project budget approved?

Request for sales information

  • Full name
  • Business email
  • Phone
  • Company
  • Country
  • Message

Request for an online demo

  • Full name
  • Business email
  • Phone
  • Company
  • Country
  • Migration source
  • Migration target
  • Date proposal
  • Comments

Request for a quotation

  • Full name
  • Business email
  • Phone
  • Company
  • Country
  • Project start
  • Project end
  • Migration source
  • Migration target
  • License type
  • Comments

Request for a partnership

  • Full name
  • Business email
  • Phone
  • Company
  • Country
  • Platform focus
  • Comments

Request for marketing material

  • Full name
  • Business email
  • Company
  • 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

Type and scope of 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

Type and scope of 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.

Use of third party services

Google Analytics

Type and scope of processing

We use Google Analytics from Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, as an analysis service for the statistical evaluation of our online offer. This includes, for example, the number of times our online offer is called up, sub-pages visited and the length of time visitors stay.

Google Analytics uses cookies and other browser technologies to evaluate user behavior and recognize users.

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

Purpose and legal basis

The use of Google Analytics is based on your consent pursuant to Art. 6 para. 1 lit. a. DSGVO and § 25 para. 1 TTDSG.

Storage duration

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

Google Fonts

Type and scope of processing

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

Purpose and legal basis

The use of Google Fonts is based on your consent pursuant to Art. 6 para. 1 lit. a. DSGVO and § 25 para. 1 TTDSG.

Storage duration

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

Google Tag Manager

Type and scope of processing

We use the Google Tag Manager provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Tag Manager is used to manage website tags through one interface and allows us to control the exact integration of services on our website

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

Purpose and legal basis

The use of Google Tag Manager is based on your consent pursuant to Art. 6 para. 1 lit. a. DSGVO and § 25 para. 1 TTDSG.

Storage duration

The concrete storage period of the processed data cannot be influenced by us, but is determined by Google Ireland Limited. Further information can be found in the privacy policy for Google Tag Manager: https://marketingplatform.google.com/about/analytics/tag-manager/use-policy/.

LeadRebel

Type and scope of processing

Our website uses LeadRebel. LeadRebel is a B2B analytics tool used on company websites to generate business leads. The provider of the tool is Pulserio AG, Wassergrabe 3, 6210 Sursee, Switzerland.

LeadRebel collects IP addresses as well as other usage data from website visitors and enriches them with publicly available company information. For this reason, we pass on the data obtained from the use of IP research to Pulserio AG.

Purpose and legal basis

The purpose of the processing is the evaluation of the data obtained from IP Research for lead generation. The transfer of your data is based on Art. 6 para. 1 lit. a DSGVO and § 25 para. 1 TTDSG. (Consent). A revocation of your already given consent is possible at any time. Data processing operations in the past remain effective in the event of a revocation.

Storage duration

There is no storage of the determined contact information in the systems of LeadRebel.

On this page: https://leadrebel.io/optout you have an opt-out option. In the event of an opt-out, your data will no longer be collected by LeadRebel.

You can also find more information about LeadRebel in the LeadRebel privacy policy: https://leadrebel.io/de/privacy.

LinkedIn Insight Tag

Type and scope of processing

We use LinkedIn Insight-Tag from LinkedIn Corporation, Sunnyvale, California, US, to create target groups, segment visitor groups of our online offer, determine conversion rates and subsequently optimize them. This happens when you interact with advertisements that we have placed with LinkedIn Corporation. To do this, LinkedIn Corporation provides retargeting for website visitors to display targeted ads outside of our website.

LinkedIn Insight tag collects data about visits to our website, including URL, referrer URL, IP address, device and browser characteristics (user agent), and timestamp. This data is used to present anonymized reports on website audience and ad performance.

Purpose and legal basis

We process your data using LinkedIn Insight-Tag for the purpose of optimizing our website and for marketing purposes based on your consent pursuant to Art. 6 para. 1 lit. a. DSGVO.

Storage duration

The concrete storage period of the processed data cannot be influenced by us but is determined by LinkedIn Corporation. Further information can be found in the privacy policy for LinkedIn Insight-Tag: https://www.linkedin.com/legal/privacy-policy.

LinkedIn Lead Gen Forms

Type and scope of processing

We use Lead Gen Forms to acquire new customers. If you contact us via LinkedIn forms for lead generation, personal data (e.g. name, e-mail address or your telephone number) is stored by LinkedIn and transmitted to us. We use the data to contact you and send you targeted information about services and products. If you are a member of the LinkedIn platform, LinkedIn can assign the above-mentioned content and functions to the profiles of the users there.

For more information, please see LinkedIn’s privacy policy at: https://www.linkedin.com/legal/privacy-policy.

Purpose and legal basis

The use of Lead Gen Forms serves to acquire new customers and to communicate with interested parties. The legal basis for the evaluation of the LinkedIn Lead Forms is your consent given with the sending of the forms. (Art. 6 para. 1 lit. a DSGVO). You can revoke your consent for the future at any time using the contact details provided on our website.

Storage duration

We store your data that you submit to us via Lead Gen Forms for 2 years from the receipt of your personal data. After that, the personal data will be deleted, unless we are legally obliged to store it for a longer period of time or we still need your personal data to implement or process an existing contractual relationship or for verification purposes. In such cases, we will delete the relevant data after the statutory retention period has expired or as soon as we no longer need the data for the implementation or processing of an existing contractual relationship or for verification purposes.

LogMeIn GoToWebinar

Type and scope of 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.

YouTube

Type and scope of 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.

ZoomInfo

We use products of ZoomInfo Technologies LLC (https://www.zoominfo.com/b2b/data-sources) for marketing and optimization purposes. These products collect and process your personal data and use it to create usage profiles under a pseudonym. These usage profiles are fully anonymized where possible and appropriate. We and ZoomInfo employ Web beacons (also known as tracking pixels) on this website. We transfer the data we collect about you, which may also include personal data, to ZoomInfo or ZoomInfo gathers this data directly. ZoomInfo is entitled to use information that you leave behind by visiting our Web sites to create anonymized usage profiles. The data collected shall not be used to personally identify visitors to this website without the express permission of the party affected and shall not be merged with personal data about the bearer of the pseudonym. Any IP addresses recorded are anonymized immediately by deleting the last number block. Permission to collect and store data in the future may be revoked at any time: exclude from tracking.

Consent Manager Provider

Type and scope of processing

Our website uses the cookie consent technology of Consent Manager Provider to obtain your consent to store certain cookies on your terminal device and to document this consent in accordance with data protection law. The provider of this technology is Jaohawi AB, Håltegelvägen 1b, 72348 Västerås, Sweden, website: https://www.consentmanager.de (hereinafter “Consent Manager Provider”).

When you enter our website, a connection is made to Consent Manager Provider’s servers to obtain your consents and other statements regarding cookie use. Subsequently, Consent Manager Provider stores a cookie in your browser in order to be able to assign the consents granted to you or their revocation.

Purpose and legal basis

Consent Manager Provider is used to obtain the legally required consents for the use of cookies. The legal basis for this is Art. 6 para. 1 p. 1 lit. c DSGVO.

Storage period

The data collected in this way is stored until you request us to delete it, delete the Consent Manager Provider cookie yourself or the purpose for storing the data no longer applies. Mandatory legal storage obligations remain unaffected.

Contract on order processing

We have concluded an order processing contract with Consent Manager Provider. This is a contract required by data protection law, which ensures that Consent Manager Provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the DSGVO.

Presence in social media

In order to be able to present our company in the best possible way and to communicate with you as a user, customer or interested party and to inform you about the services we offer, we make use of our presence in social networks. The use of social networks involves the processing of data outside the European Union (EU) and the European Economic Area (EEA). An equivalent level of data protection to that which exists in the EU cannot be guaranteed in all countries outside the EU.

In this context, it may lead to risks for you as a user if the transferred data is processed in so-called third countries with a non-adequate level of data protection.

This makes it more difficult to enforce known user rights. In addition, your data may not be processed in your interest by the provider in the third country.

In the USA, there is no level of data protection comparable to the requirements of the GDPR. It is possible that government agencies access personal data without us or you knowing about it. Enforcement of your rights is probably not possible in the USA.

In addition to the respective provider of a social network, we also collect and process personal user data on so-called “profile pages”. With this notice, we inform you about which data we collect from you on our social media sites, how we use it and how you can object to the use of the data. For the respective data processing purposes and data categories, please refer to the respective offer listed in more detail below.

The social media activities operated by us and detailed below are carried out on the basis of a balance of interests pursuant to Art. 6 (1) f) DSGVO.

To realize this, cookies are used, which record user behavior and enable profiling of the user.

A concrete list of the processing purposes of the user data can be found in the data protection notices of the respective providers. By making the appropriate settings in your user account, you can restrict the profiling, at least to a certain extent. For the exact procedure, please read the relevant privacy notices of the respective provider.

The relevant platforms are:

PlatformResponsible bodyPrivacy policy of the platform operator
FacebookMeta Platforms Ireland Ltd
4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland
https://privacycenter.instagram.com/policy/
TwitterTwitter Inc
1355 Market Street, Suite 900, San Francisco, CA 94103, USA
https://twitter.com/de/privacy
LinkedIn LinkedIn Ireland Unlimited Company
Wilton Place, Dublin 2, Ireland
https://de.linkedin.com/legal/privacy-policy?
YouTubeGoogle Ireland Limited
Gordon House, Barrow Street, Dublin 4, Ireland
https://policies.google.com/privacy

fme AG operates profiles on the listed platforms to draw attention to products and service offerings and to interact with customers, interested parties and other users of the platform.

In this context, the platform operators also use certain data that they have collected from users of the platform (e.g., whether a photo on a profile was marked with “Like” or commented on) to create aggregated usage statistics and make them available to the respective operators of the profile (so-called “Insights” or “Analytics”). We as profile operators also receive such usage statistics. The information that we receive as profile operators does not allow any conclusions to be drawn about individual users. The profile operator itself has no access to personal data that the platform operators process for the creation of usage statistics. The respective platform operator alone determines which data is processed for these purposes, and in what manner. As a profile operator, fme AG can neither legally nor influence the processing by the platform operators.

For the processing in connection with the compilation of usage statistics, fme AG and the respective platform operator shall be deemed to be joint controllers within the meaning of Art. 26 DSGVO.

Where possible, joint responsibility agreements exist with the respective platform operators.

Beyond that, data processing by fme AG as profile operator only takes place to a very limited extent:

Processing of usernames and comments that are deleted due to violation of netiquette. These are kept on file for possible proof in the event of legal disputes within the statute of limitations.

  • Processing of usernames and individual messages when you contact us via messenger services.
  • Processing of usernames when participating in competitions. The relevant conditions of participation apply.
  • Processing of usernames and postings in the context of inquiries and, if necessary, obtaining consent for the re-posting of images.

For these purposes, we generally only process your name, message content, comment content, and the profile information you provide “publicly”.

Data subject rights

With the Facebook “Page Controller Addendum”, the rights and obligations to be complied with together with Facebook are shown. These can be found at the following link: https://www.facebook.com/legal/terms/page_controller_addendum.

In the event of a request for information, we will forward this 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 the respective data processing by the providers and their objection options (so-called opt-out) 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.