Published version: 1.0
Date: 5/29/2025
These fallback terms (the “Terms”) apply to any person or entity (“End User”) that installs, accesses, or uses the CaraOne software (including any updates or documentation, the “Software”) - in any form or deployment model—whether pre-installed on third-party hardware, deployed on-premise, or provided as a cloud service - without having a separate written end-user license agreement (EULA) signed with ObviousFuture GmbH (“ObviousFuture,”). By downloading, installing, accessing, or otherwise using the Software you accept these Terms. If you do not agree, do not use the Software.
- License Grant
In consideration of the fee paid by the End User to ObviousFuture—either directly or through an authorized distributor (“Distributor”) - ObviousFuture (as the sole software provider and rights holder) grants the End User a worldwide, non-exclusive, license to install, use and maintain CaraOne during the term (the “License”).
Only ObviousFuture may confer rights to use the Software; the License is therefore acquired directly from ObviousFuture even when the purchase is routed through a Distributor. Where the fee is paid via a Distributor, the Distributor acts solely as an intermediary: all responsibility for the Software and its functionality remains with ObviousFuture, which also issues any license keys or other technical measures required for the lawful use of the Software.
- Restrictions
You may not: (a) sublicense, lease, or rent the Software; (b) reverse-engineer, decompile, or attempt to derive source code except as allowed by mandatory law; (c) remove proprietary notices; (d) use the Software with more than one production application per license; or (e) disclose benchmark or security test results without our prior written consent.
- Ownership and Intellectual Property rights
The Software and the documentation provided are protected by copyright and intellectual property law. ObviousFuture is the owner and holder of the rights to the Software and/or is authorized to operate the Software so that it can be used by the End User. Any rights not explicitly granted to the End User herein shall remain with and are reserved by ObviousFuture. Unless explicitly agreed otherwise herein, none of the provisions in this Terms shall result in the transfer of ownership of Intellectual Property Rights from ObviousFuture to End User.
- Support & Updates
The License for the Software includes support (“Support”) as specified within the selected SLA Level. Any potential limitations are subject to the agreement with the Distributor or Obvious Future.
The ObviousFuture may provide the End User, from time to time, according to its sole discretion, with updates to the Software.
Customizations specified by the End User are not included in the Support under this Terms and are subject to additional charges.
Unless agreed otherwise or specified in the active SLA, the Software is provided as-is, with no obligation for support, maintenance, or updates.
- Fees and Payment
The Software is a commercial product and is licensed only upon payment of the applicable license fee (“Fee”). The Fee for each order is specified in the relevant quotation, order form or other written communication issued by ObviousFuture or an authorized Distributor. The End User must pay the Fee in full—either directly to ObviousFuture or to the Distributor indicated on the invoice—within the payment term stated on that invoice. All Fees are non-refundable and exclusive of applicable taxes. Non-payment constitutes a material breach of these Terms and entitles ObviousFuture to suspend or terminate the License.
- Warranty Disclaimer
The ObviousFuture represents and warrants that: (i) it has the requisite power and authority to grant the License to Software under this Terms, (ii) the Software will be free from viruses and other malicious code while purchased; (iii) the Software does not infringe, misappropriate or otherwise violate the intellectual property rights of any third party.
- Limitation of Liability
ObviousFuture’s total aggregate liability arising out of or relating to the Software is capped at a maximum of the amount paid by the respective End User for the License. ObviousFuture is not liable for indirect, incidental, special, or consequential damages, including lost profits, revenue, or data. The above limits do not apply to liability that cannot legally be excluded or limited (e.g., willful misconduct, gross negligence, or mandatory product-liability laws).
ObviousFuture is not liable for issues caused by (i) use of the Software outside the license scope or after modification by anyone other than ObviousFuture; (ii) use of outdated or altered releases when a current, unmodified release would avoid the issue; (iii) combination with third-party programs, data or hardware not supplied by ObviousFuture; or (iv) hardware faults.
The End User may use the Software only for lawful purposes and must at all times comply with all applicable laws and regulations. Any use for illegal, fraudulent, or unauthorized activities is strictly prohibited, and Obvious Future shall not be liable for any loss or damage arising from such misuse by the End User.
The End User shall indemnify ObviousFuture against all claims arising from the End User’s misuse or breach of these Terms.
- Audit Rights
On at least ten (10) days’ written notice, ObviousFuture may audit your use of the Software to verify compliance. If unlicensed use is discovered, you must purchase the necessary licenses and reimburse audit costs.
- Termination
ObvousFuture may terminate these Terms immediately if the End User breaches any provision. Upon termination, the End User must uninstall and destroy all copies of the Software.
- Data Protection
ObviousFuture complies with the EU General Data Protection Regulation (GDPR). The Software is deployed and operated solely in the End User’s environment; NO PERSONAL DATA OR OTHER END-USER CONTENT IS TRANSMITTED TO, PROCESSED BY, STORED, ACCESSED, or RETAINED by ObviousFuture except minimal business-contact details needed for licensing or support, unless agreed otherwise. ALL END USER’S DATA REMAINS FULLY UNDER THE END USER’S CONTROL AND RESPONSIBILITY.
- Governing Law & Venue
These Terms shall be governed by and construed in accordance with the laws of Germany. Any dispute or claim arising out of or in connection with these Terms shall be exclusively resolved in the courts of Berlin, Germany.
- Entire Agreement; Precedence
These Terms constitute the entire fallback license between End User and ObviousFuture for the Software. If you have a separate written EULA signed by us, that agreement prevails over these Terms.