End User License Agreement (EULA) for the Ticket System

SMITEY'S Ticket-System

Version: August 2026

Note: This English text is a translation for convenience. In case of doubt, the German version of this agreement (EULA_de.txt) prevails.

1. Parties

This End User License Agreement ("Agreement") is concluded between

Smitey, Inh. Thorsten Nierfeld (sole proprietorship) Einigkeitstraße 46, 45133 Essen, Germany (the "Provider")

and the natural or legal person who installs, activates or uses the software (the "Licensee").

2. Subject Matter

2.1 The subject matter of this Agreement is the provision of the software "Ticket-System" including the associated container images, scripts and documentation (together the "Software") for use in accordance with the license acquired (edition, term, limits).

2.2 The specific characteristics (edition, feature set, user and team limits, term, number of activations) follow from the license key issued (.lic) and from the order or invoice.

3. Grant Of License

3.1 The Provider grants the Licensee a non-exclusive, transferable right to install the Software within the agreed scope and to use it for private and/or commercial purposes. Scope and duration follow from the license acquired (section 3.3); transfer to third parties is governed by section 3.5.

3.2 The Software is operated on a self-hosted basis ("on-premises" or in a cloud controlled by the Licensee). The Licensee is responsible for the operation, backup and data protection of its own installation.

3.3 EDITIONS AND TERM

Demo: time-limited evaluation use (30 days) without any claim to support; after expiry the system switches to a restricted mode.
Basic / Professional: use within the scope defined by the license key. A perpetual license entitles the Licensee to permanent use of the major version current at the time of purchase.

3.4 ACTIVATION. The Software verifies the validity of the license key offline by means of a cryptographic signature. Optionally, online activation against the Provider's license server may take place (counting of parallel installations). Technical data is processed in this context in accordance with section 9.

3.5 TRANSFER TO THIRD PARTIES. The Licensee may transfer the rights of use to a third party, in particular resell a perpetual license. The following applies:

a) The Licensee imposes its obligations under this Agreement on the third party. b) Upon transfer, the Licensee's rights of use lapse. The Licensee ceases use and deletes all copies of the Software in its possession. c) The license may only be transferred as a whole; splitting it among several acquirers is not permitted. d) The license key is bound to one installation. In order for the third party to activate the Software, the Provider must rebind it. The Licensee or the acquirer notifies the Provider of the transfer, stating the license and the instance identifier.

3.6 Migration and reinstallation. The Licensee may move the Software to different hardware, reinstall it, or restore it from a backup. This is not a transfer within the meaning of Section 3.5 — the license stays with the Licensee. The following applies:

a) The previous installation is discontinued. Parallel operation beyond the scope covered by the license key is not permitted. b) If the instance identifier changes, the number of permitted activations (maxActivations, Section 3.4) may be reached. The Provider rebinds the license to the new instance identifier upon notification by the Licensee. c) The Provider does not charge a separate fee for rebinding after a migration or a reinstallation.

4. Restrictions On Use

Except where mandatory law (in particular sections 69d and 69e of the German Copyright Act) expressly permits it, the Licensee may not:

a) use the Software beyond the licensed scope, in particular circumvent or manipulate the limits stored in the key (admins, agents, teams, activations); b) circumvent, remove or disable the license key, the signature check, copy protection or tamper protection; c) decompile, reverse engineer or disassemble the Software; d) sublicense, rent or lease the Software, provide it to third parties as part of a data centre or SaaS offering, or otherwise make it accessible to third parties; e) remove copyright notices, trademarks or other proprietary notices.

The transfer of rights of use to a third party under section 3.5 is not affected by letter d).

5. Ownership And Intellectual Property

5.1 The Software is protected by copyright. All rights, title and interest in the Software - with the exception of the open source components it contains - remain with the Provider.

5.2 The Software contains third-party open source components which are subject to their respective licenses. The complete list is included with the installation as the file THIRD-PARTY-NOTICES.txt. This Agreement does not restrict the rights the Licensee holds under those licenses.

6. Updates, Maintenance And Support

6.1 The scope and duration of updates and support follow from the license acquired or from a separate maintenance agreement.

6.2 The Provider is not obliged to maintain features that are discontinued with a new major version, provided this is objectively justified.

6.3 END OF MAINTENANCE. The Provider may announce an end of maintenance for a major version. After that date, no further updates and no further security fixes will be provided for that major version. The right to continue using the version acquired remains unaffected.

6.4 SECURITY UPDATES. The Software runs on the Licensee's systems. It is incumbent upon the Licensee to install security fixes within a reasonable period and to secure the installation in line with the recommendations supplied. The Provider does not access the Licensee's installation and makes no changes to it.

7. Remuneration And Purchase Processing

7.1 Remuneration follows from the order or invoice. Unless agreed otherwise, payments are due without deduction. In the event of default, the Provider may suspend the license after a reminder and a reasonable period.

7.2 Purchase processing by third parties. The license may be purchased through a distribution or payment partner engaged by the Provider. Who becomes the contracting party of the purchase in that case, and who handles the invoice, value added tax and any withdrawal or refund procedure, follows from the purchase process and the purchase receipt. This Agreement governs the use of the Software; it neither replaces nor modifies the terms of the purchase.

7.3 Point of contact. The Licensee directs questions about invoicing, payment, withdrawal and refunds to the party named on the purchase receipt. Technical support for the Software rests with the Provider independently of this, within the scope of the edition acquired (Section 6).

8. Warranty And Liability

8.1 The Provider warrants that, when used as intended, the Software materially corresponds to the documentation. No warranty is given for uninterrupted or error-free use.

8.2 LIABILITY. The Provider is liable without limitation in cases of intent and gross negligence as well as under the German Product Liability Act and for injury to life, body or health. In the event of a slightly negligent breach of material contractual obligations, liability is limited to the foreseeable damage typical for this type of contract. Liability is otherwise excluded.

8.3 The Licensee is responsible for regular data backups. For loss of data, the Provider is liable only to the extent that would have occurred had the Licensee performed proper backups at least once a day.

8.4 CALCULATED VALUES, IN PARTICULAR TIME AND BILLING DATA. The Software records, rounds, totals and exports effort on the basis of entries made by the Licensee's agents and of the settings the Licensee has configured (such as rounding increment, minimum per entry, marking as billable). The resulting figures are a working basis, not an audited invoice. The Provider calculates them to the best of its knowledge and belief; this does not release the Licensee from its duty of care: the Licensee remains obliged to check time and billing figures for accuracy and completeness before invoicing or any other use towards third parties. If the Licensee breaches this duty to check, any claim for damages is reduced under the principles of contributory negligence (Section 254 German Civil Code). Clause 8.2 remains unaffected.

9. Data Protection And Activation Data

9.1 Where the Licensee operates the Software itself, the Licensee is the controller under data protection law with regard to the data processed in the application.

9.2 Where online activation is enabled, the installation transmits technical data (license identifier, installation fingerprint, product version, IP address, approximate region) to the Provider's license server. Details are set out in the privacy policy. It is included with the installation as the file PRIVACY.txt and is available at https://smitey.eu.

9.3 Content of the installation - tickets, users, attachments - is not transmitted to the Provider. A data processing agreement between the Provider and the Licensee is therefore not required: the Provider does not process any data on the Licensee's behalf.

9.4 DIAGNOSTIC DATA. Support bundles and log files are transmitted by the Licensee voluntarily and only at the Licensee's own initiative. The Provider uses them exclusively for error analysis.

10. Term And Termination

10.1 In the case of time-limited licenses, the right of use ends when the term expires.

10.2 The Provider may terminate this Agreement for cause, in particular in the event of a serious breach of section 4. Upon the termination taking effect, the Licensee shall cease use and delete all copies.

11. Final Provisions

11.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

11.2 The exclusive place of jurisdiction is - to the extent legally permissible - Essen, Germany. For consumers, the statutory place of jurisdiction applies.

11.3 Should individual provisions be invalid, the remainder of the Agreement remains in force. The invalid provision shall be replaced by the legally permissible rule that comes closest to its economic purpose.