Version: EnerTree Platform – Version 5.106.2 dated 11 November 2025
End User Licence Agreement – EnerTree Platform
This End User Licence Agreement (hereinafter: “Agreement”) is entered into by and between Schleifenbauer Products B.V., a private company with limited liability under Dutch law, registered with the Dutch Chamber of Commerce under number 17225345, with its registered office at Sterrenbeeld 52, 5215ML ‘s-Hertogenbosch, the Netherlands (hereinafter: “Licensor”), and the legal entity or natural person (hereinafter: “Licensee” or “you”) who installs, copies or otherwise uses the EnerTree Platform software (hereinafter: “Software”).
By installing or using the Software, you agree to be bound by the terms of this Agreement.
1. Licence Grant
1.1 Subject to the terms of this Agreement, the Licensor grants you a non-exclusive, non-transferable, non-sublicensable, perpetual licence to use the Software within your organisation.
1.2 The Software may be installed and used on an unlimited number of computers or systems, provided all such use remains internal to your organisation.
1.3 The following uses are expressly prohibited:
- Reverse engineering, decompiling or disassembling the Software, unless explicitly permitted by mandatory law;
- Distributing, selling, renting, sublicensing, leasing or lending the Software, or making it available to third parties (including via Software-as-a-Service, cloud services, or outsourcing models);
- Modifying, translating or creating derivative works based on the Software, unless permitted by mandatory law;
- Removing or altering any copyright, trademark or proprietary notices contained in the Software.
1.4 You are permitted to make one (1) backup copy of the Software solely for archival purposes. This copy must retain all proprietary notices of the original.
2. Intellectual Property Rights
2.1 All intellectual property rights and title to the Software, its documentation and any modifications or derivative works thereof remain solely with the Licensor or its licensors. No rights are granted to you other than as expressly set out in this Agreement.
2.2 The Software includes open-source components. Your use of such components is governed by the respective open-source licences. A list of these components and their licences is included in the documentation. This Agreement does not alter, limit, or supersede the terms of those open-source licences.
3. Registration and Privacy
3.1 Registration is required to use the Software. During registration, limited personal data will be collected, such as contact information, company name, email address and IP address. These data may be used to:
- Provide access to the Software;
- Notify you of updates and new features;
- Generate licence certificates or keys.
Upon completing registration and providing the aforementioned data, you will be able to download the Software immediately. No further action or confirmation is required.
3.2 Personal data will be processed in accordance with the Licensor’s privacy policy, available during registration and at: [Privacy Policy – Schleifenbauer – PDUs].
3.3 Personal data will not be retained longer than necessary for the purposes described above, unless longer retention is required by law.
4. Updates and New Features
4.1 The Licensor may periodically release bug fixes, patches, or performance enhancements (“Updates”). These Updates will be provided free of charge.
4.2 You are responsible for checking for and installing Updates. The Licensor is not liable for any damage resulting from failure to install Updates.
4.3 The Licensor may also offer new features or major improvements (“Upgrades”) which are not included in this licence and may require payment and/or a licence certificate. The terms for such Upgrades will be communicated separately. Installing or using such Upgrades constitutes acceptance of those terms.
5. Support
5.1 You are responsible for the proper installation and use of the Software. The Licensor provides documentation with recommendations for hardware and system requirements.
5.2 The Licensor may offer limited support via its website or designated contact channels. Support is offered on a best-effort basis, with no guarantees of resolution or response times.
5.3 The Licensor maintains a customer service department to assist with questions or issues related to the Software. If the Software was provided in combination with hardware (PDUs) from an OEM partner, that partner shall be your primary point of contact for support regarding the hardware or bundled software. However, the OEM partner does not hold any intellectual property rights to the Software. The Licensor retains the right to provide direct support to end users if necessary.
6. Warranties and Disclaimers
6.1 The Licensor warrants that:
- The Software will function substantially in accordance with its documentation;
- The Software is free from known viruses, backdoors, or malicious code;
- The Software, as delivered, does not infringe third-party intellectual property rights.
6.2 These warranties do not apply in the event of:
- Unauthorised modifications to the Software;
- Use with third-party systems or software not recommended by the Licensor;
- Use contrary to the documentation.
6.3 Except as expressly stated above, the Software is provided “as is” without any warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.
7. Indemnification
7.1 The Licensor shall indemnify you against third-party claims alleging that the delivered Software infringes intellectual property rights, provided that:
- You notify the Licensor promptly upon receipt of such claims;
- You provide full cooperation in defending or settling the claim;
- The Licensor retains sole control over the defence and/or settlement.
7.2 The Licensor may, at its discretion: (i) obtain a licence for continued use, (ii) modify the Software to avoid infringement, or (iii) terminate this Agreement and refund any fees paid for unused Upgrades.
8. Limitation of Liability
8.1 The Licensor’s total liability under this Agreement shall be limited to €1,000 or the amount paid by you for the Software, whichever is greater.
8.2 Under no circumstances shall the Licensor be liable for indirect, incidental, special, punitive, or consequential damages, including loss of data, profit or business.
8.3 Liability arises only if the damage is reported to the Licensor in writing within thirty (30) days of discovery.
8.4 These limitations do not apply in cases of wilful misconduct or gross negligence by the Licensor.
9. Term and Termination
9.1 This Agreement enters into effect upon your use of the Software and remains valid until terminated.
9.2 Either party may terminate this Agreement with one (1) month’s written notice.
9.3 This Agreement will terminate automatically if you are declared bankrupt, apply for suspension of payments, or are dissolved or liquidated.
9.4 Upon termination, you must immediately cease all use of the Software and delete all copies, including backups.
10. Export and Compliance
10.1 You agree to comply with applicable export laws and regulations, and not to export or re-export the Software to countries subject to sanctions or embargoes under Dutch or EU law.
11. Audit
11.1 The Licensor may audit your compliance with this Agreement upon reasonable notice. You agree to fully cooperate with such audits. Audits will be conducted during normal business hours and no more than once per year, unless non-compliance is suspected.
12. General
12.1 This Agreement is governed by the laws of the Netherlands.
12.2 Any disputes shall be submitted to the competent court in the Netherlands, unless mandatory law dictates otherwise.
12.3 If any provision is held to be invalid, the remaining provisions shall remain in full force and effect. The parties shall replace the invalid provision with a valid one that best approximates the original legal and economic intent.
12.4 The Licensor may transfer its rights and obligations under this Agreement to a third party in the event of a business transfer or asset sale.
12.5 This Agreement constitutes the entire agreement between the parties and supersedes all prior communications and understandings.
Last updated: 21 May 2025