End User License Agreement (EULA)

1. Scope and Parties

1.1 This End User License Agreement ("EULA") governs the use of the software extension "cdmTicker" (the "App") for Microsoft Dynamics 365 Business Central ("Business Central") between cdm-IT & Consulting Services GmbH ("cdm-IT", "we", "us") and the business customer using the App (the "Customer", "you").

1.2 The App is offered exclusively to businesses (B2B). By installing or using the App you accept this EULA and confirm that you act as an entrepreneur and not as a consumer.

1.3 The App is distributed through the Microsoft commercial marketplace (AppSource). Purchase, billing, subscription term, renewal and cancellation of App licenses are handled by Microsoft under the terms of the Microsoft Commercial Marketplace and your agreement with Microsoft. This EULA governs the use of the App. In case of conflict regarding purchase and billing, the Microsoft marketplace terms prevail; in case of conflict regarding the use of the App, this EULA prevails.

2. License Grant

2.1 Subject to an active subscription acquired through the Microsoft marketplace, cdm-IT grants the Customer a non-exclusive, non-transferable and non-sublicensable right to use the App within the Customer's own Business Central environments for the duration of the subscription.

2.2 The scope and model of licensing (for example per user or per environment) follow from the offer published in the Microsoft marketplace at the time of purchase. Where the offer provides for it, the Customer assigns licenses to users in the Microsoft 365 admin center. Licenses may also be assigned to external consultants or service providers, provided they use the App exclusively on the Customer's data and on the Customer's behalf; the Customer is responsible for compliance with this EULA by such external users as for its own conduct.

2.3 If a free trial is offered, the scope of this EULA applies accordingly for the trial period. Unless cancelled, the trial converts into a paid subscription under the terms displayed by Microsoft at the time of purchase.

3. License Restrictions

3.1 The Customer shall not:

• reverse engineer, decompile or disassemble the App, except to the extent expressly permitted by mandatory law;
• rent, lease, lend, sell, redistribute or sublicense the App to third parties outside the Customer's own organization;
• circumvent or attempt to circumvent the license check or the technical protection measures of the App;
• remove, alter or obscure copyright notices, publisher identifications or other proprietary notices of the App;
• use the App to develop a directly competing product.

3.2 All rights in the App, including all intellectual property rights, remain with cdm-IT. The Customer receives only the rights of use expressly granted in this EULA.

3.3 The key figures displayed by the App are calculated from the Customer's own data and belong to the Customer. cdm-IT claims no rights in the Customer's business data or configuration.

3.4 Extensions. The App provides documented integration events and an extensible enum (see the documentation). The Customer may develop its own extensions that use these interfaces. The Customer is responsible for extensions of the Customer or of third parties and for their effect on the App.

4. Functionality and Permissions

4.1 The App embeds a scrolling band into supported standard role centers of Business Central that shows configurable key figures, refreshes them at regular intervals and opens the related page on a click. All key figures are calculated inside the Customer's Business Central environment; the App calls no external services and uses no artificial intelligence.

4.2 Every key figure is calculated under the permissions of the user viewing the band. The App does not elevate permissions. A key figure whose source data the user may not read is not shown to that user. The Customer is responsible for granting appropriate data permissions.

4.3 The displayed values are snapshots as of the respective refresh and may differ from the underlying documents until the next refresh. They serve as orientation and do not replace reports or analyses. Responsibility for business decisions based on the displayed values lies with the Customer.

4.4 Test data. The App contains functions to create and delete performance test data that are available only to users with the SUPER permission set and are refused on production environments of Business Central online. These functions may be used only in sandbox, test or on-premises environments. The Customer is responsible for deleting created test data after use; cdm-IT accepts no responsibility for consequences of use contrary to this provision.

5. Customer Data, Privacy and Telemetry

5.1 The App's setup data (role center activations, KPI lines and color settings) is stored exclusively in tables of the extension in the Customer's Business Central database and is classified as customer content. No data is transmitted to cdm-IT or to third parties; cdm-IT operates no backend for this purpose and has no access to the Customer's data.

5.2 The App registers a publisher telemetry connection (Azure Application Insights) as foreseen by the Business Central platform. Through it, the platform sends operational signals about the extension — for example error and performance events — to cdm-IT to ensure quality and supportability. By design, KPI values and business data are never part of this telemetry. Details are described in our privacy statement at cdm-it.de/en/privacy.

6. Updates and Support

6.1 cdm-IT provides updates of the App through Microsoft AppSource and the update mechanisms of Business Central, in particular to maintain compatibility with new Business Central versions. The App requires the minimum Business Central version stated in the documentation.

6.2 Support requests may be submitted through the channels listed at cdm-it.de/en/appsource/cdm-ticker/help. Unless expressly agreed otherwise, support is provided on a reasonable-efforts basis without guaranteed response times.

6.3 The App subscription covers the use of the App and its updates. Professional services — for example installation assistance, configuration, training, development of custom KPI types or the analysis of issues caused by the Customer's environment or by third-party extensions — are not part of the subscription and are provided only under a separate agreement against separate remuneration.

7. Warranty

7.1 cdm-IT warrants that the App materially conforms to its product description at the time of installation. The Customer's statutory warranty rights for defects remain unaffected, subject to the limitations in this section and in section 8.

7.2 The App is standard software. It is the Customer's responsibility — for example during a free trial — to verify that the App is suitable for its business requirements and IT environment; no warranty is given for such suitability. Furthermore, no warranty is given for (a) impairments caused by the Customer's environment, by third-party extensions, by modifications of the App or by extensions through the App's integration events, (b) deviations of displayed values that result from the Customer's data quality, permissions or settings, (c) the uninterrupted availability of the underlying Microsoft cloud services, and (d) functionality that Microsoft changes or removes in future versions of Business Central (such as individual role centers or cue tables).

7.3 Warranty claims require that the Customer reports the defect without undue delay and, on request, reasonably cooperates in its analysis (for example log excerpts, reproduction steps).

7.4 Remedy. In case of a defect, cdm-IT will, at its option, remedy the defect by repair (for example through an update, a patch or a workaround) or by providing a replacement version. The Customer may reduce the subscription fee or terminate the subscription for cause only if two attempts at remedy for the same defect have failed, the remedy is refused or it is unreasonable for the Customer. Claims for damages remain subject to section 8.

7.5 Limitation period. Warranty claims become time-barred twelve (12) months after the statutory start of the limitation period. This shortening does not apply to claims under section 8.1 or in case of fraudulent concealment of a defect.

8. Limitation of Liability

8.1 cdm-IT is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent of a guarantee expressly assumed by cdm-IT.

8.2 In case of slight negligence, cdm-IT is liable only for the breach of material contractual obligations (cardinal obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the Customer regularly relies), limited to the damage typical for the contract and foreseeable.

8.3 Otherwise, liability for slight negligence is excluded. Liability for loss of data is limited to the restoration effort that would have been required had the Customer performed regular backups appropriate to the risk; the backup mechanisms of the Microsoft cloud lie within the Customer's sphere of responsibility.

8.4 The above limitations also apply in favor of the legal representatives, employees and vicarious agents of cdm-IT.

9. Force Majeure

9.1 cdm-IT is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to outages or changes of the Microsoft cloud services, network failures, governmental measures, labor disputes, epidemics or natural disasters, for as long as such circumstances persist.

9.2 cdm-IT will inform the Customer without undue delay of a force majeure event and resume performance as soon as reasonably possible.

10. Term and Termination

10.1 The right to use the App ends upon expiry or cancellation of the subscription managed by Microsoft. Cancellation takes place exclusively through the Microsoft administration interfaces under Microsoft's terms; no separate notice to cdm-IT is required.

10.2 After expiry of the subscription, the App's setup data remains in the Customer's Business Central environment until the App is uninstalled and can be exported at any time with the standard tools of Business Central. The App does not write to the Customer's business data; uninstalling the App does not change the Customer's business data.

10.3 The right to terminate for cause remains unaffected. cdm-IT may in particular terminate for cause in case of a serious breach of the license restrictions in section 3.

11. Final Provisions

11.1 This EULA is governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

11.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the registered office of cdm-IT.

11.3 cdm-IT may amend this EULA for future versions of the App with effect for the future, provided the amendment is reasonable for the Customer taking into account the interests of cdm-IT. The version of the EULA published at the time of the respective App version applies.

11.4 Should individual provisions of this EULA be or become invalid, the validity of the remaining provisions remains unaffected.

11.5 Provisions which by their nature are intended to survive the end of the subscription (in particular sections 3, 5, 7, 8 and 11) survive termination or expiry of this EULA.

11.6 Microsoft, Dynamics 365 and Business Central are trademarks of the Microsoft group of companies. cdmTicker is a product of cdm-IT & Consulting Services GmbH.

12. Contact