General Terms and Conditions (GTC)

Please read these Terms and Conditions carefully. By placing an order for one of our products, using one of our products, or commissioning and using any of our services, you agree to these Terms and Conditions. This page was translated from the German original. In case of translation errors or ambiguities arising from the translation, the regulations in the original version apply.

 

§ GENERAL

WE SELL, DELIVER, AND PROVIDE SERVICES EXCLUSIVELY UNDER OUR GENERAL TERMS AND CONDITIONS, INSOFAR AS THESE HAVE BEEN EXPRESSLY OR IMPLICITLY INCORPORATED INTO THE CONTRACTUAL RELATIONSHIP. THE BUYER'S GENERAL TERMS AND CONDITIONS DO NOT APPLY, EVEN IF WE DO NOT EXPRESSLY OBJECT TO THEM AGAIN.

THESE GENERAL TERMS AND CONDITIONS APPLY TO ALL SALES OF PRODUCTS (ESPECIALLY SOFTWARE) ("PRODUCTS") AND THE PROVISION OF SERVICES BY ARCLAB SOFTWARE OHG, ETTERSDORF 27, 93109 WIESENT (REFERENCES TO "US", "WE" OR "OUR" SHOULD BE REPLACED ACCORDINGLY) TO YOU, THE BUYER, CUSTOMER OR CONTRACTUAL PARTNER (REFERENCES TO "YOU" OR "YOUR" SHOULD BE REPLACED ACCORDINGLY).

 

§ COPYRIGHT

THE COPYRIGHT TO THE SOFTWARE, THE PACKAGING DESIGN, AND THE CORRESPONDING WEBSITES RESTS ENTIRELY WITH THE SOFTWARE AUTHOR. COPIES OF THE SOFTWARE ARE PERMITTED ONLY UNDER THE CONDITIONS SPECIFIED IN SECTION IV. IT IS EXPRESSLY POINTED OUT THAT UNDER OTHER CIRCUMSTANCES, REPRODUCTION IS NOT PERMITTED (THIS ALSO APPLIES TO THE PACKAGING), AND MODIFICATIONS, FURTHER DEVELOPMENTS, AND OTHER USES ARE ALSO PROHIBITED. THE USER IS LIABLE FOR ALL DAMAGES ARISING FROM THE INFRINGEMENT OF COPYRIGHT AGAINST THE AUTHOR OF THE SOFTWARE, INSOFAR AS THE DAMAGES ARE ATTRIBUTABLE TO THE USER.

 

§ USAGE

THE INSTALLED SOFTWARE MAY BE USED WITHOUT TIME RESTRICTIONS. PURCHASERS AND USERS MUST ENSURE THAT THE NUMBER OF COMPUTERS AND TERMINALS ON WHICH THE SOFTWARE CAN BE RUN SIMULTANEOUSLY DOES NOT EXCEED THE NUMBER OF LICENSES.

MAKING THE SOFTWARE AVAILABLE TO AN UNLIMITED NUMBER OF USERS VIA A PUBLIC NETWORK (E.G., THE INTERNET) IS NOT PERMITTED. MAKING A SINGLE BACKUP COPY OF THE INSTALLATION MEDIA ON A PORTABLE STORAGE MEDIUM (CD, FLOPPY DISK, TAPE, ETC.), WHICH MAY NOT BE DISTRIBUTED FURTHER, IS PERMITTED. THE STORAGE MEDIUM MUST BE MARKED WITH THE COPYRIGHT NOTICES OF THE SOFTWARE AUTHOR AND CLEARLY LABELED AS A BACKUP COPY, EVEN TO THIRD PARTIES.

THE USE OF THE SOFTWARE IN ENVIRONMENTS WHERE, ACCORDING TO HUMAN JUDGMENT, A DANGER TO LIFE AND LIMB CANNOT BE RULED OUT AS A RESULT OF REGULAR, UNEXPECTED OR FAULTY PROGRAM RESULTS IS EXPRESSLY PROHIBITED.

 

§ RETENTION OF OWNERSHIP

WE RETAIN TITLE TO ALL GOODS DELIVERED BY US UNTIL THE CUSTOMER HAS PAID FOR THE DELIVERED ITEM, INCLUDING ALL INCIDENTAL COSTS. FOR MERCHANTS, THE RETENTION OF TITLE APPLIES UNTIL THE CUSTOMER HAS SETTLED ALL OUTSTANDING CLAIMS AGAINST THEM. THE SAFEKEEPING OF OUR PROPERTY AT THE CUSTOMER'S PREMISES IS FREE OF CHARGE.

THE CUSTOMER IS NOT AUTHORIZED TO SELL GOODS SUBJECT TO SECURITY WITHOUT INDICATING OUR RIGHTS. IF A THIRD PARTY ASSERTS RIGHTS TO GOODS SUBJECT TO SECURITY, WE MUST BE NOTIFIED OF THIS IN WRITING WITHIN 3 CALENDAR DAYS.

 

§ OWNERSHIP AND COPYRIGHTS

THE SOFTWARE PROVIDED TO THE CUSTOMER, INCLUDING ALL DOCUMENTATION, REMAINS OUR PROPERTY. WE RETAIN ALL COPYRIGHTS AND USAGE RIGHTS TO THE PROGRAMS PROVIDED TO THE CUSTOMER, INCLUDING ALL ASSOCIATED DOCUMENTATION, EVEN IF THE CUSTOMER MODIFIES THEM OR COMBINES THEM WITH THEIR OWN PROGRAMS AND/OR THOSE OF A THIRD PARTY. IN THE CASE OF SUCH MODIFICATIONS OR COMBINATIONS, AS WELL AS WHEN MAKING COPIES, THE CUSTOMER MUST INCLUDE AN APPROPRIATE COPYRIGHT NOTICE.

MODIFICATIONS AND ENHANCEMENTS TO THE PROGRAM CODE, IMPLEMENTED AT THE CUSTOMER'S REQUEST AND EXPENSE, BECOME OUR PROPERTY AND MAY BE MADE AVAILABLE TO OTHER CUSTOMERS AFTER THE CUSTOMER'S CONSENT. THE RIGHTS TO USE THESE PROGRAM IMPROVEMENTS ARE ASSIGNED TO THE COMPANY. THE COMPANY HEREBY ACCEPTS THIS ASSIGNMENT.

MODIFYING THE PROGRAM CODE BY THE CUSTOMER IS ONLY PERMITTED WITH OUR PRIOR WRITTEN CONSENT. IF PROGRAMS MODIFIED BY THE CUSTOMER OR THIRD PARTIES, OR OTHER PROGRAMS NOT OBTAINED FROM US, ARE USED AND THE SYSTEM'S FUNCTIONALITY IS THEREBY IMPAIRED, WE ARE NOT LIABLE FOR ANY RESULTING DAMAGES.

 

§ WARRANTY AND LIABILITY

FOR DEVELOPED SOFTWARE, IT IS GUARANTEED (FOR THE DURATION OF THE STATUTORY WARRANTY PERIOD) THAT A DELIVERED DATA CARRIER IS IN PRINCIPLE IN AN INSTALLABLE STATE (WHICH DOES NOT MEAN THAT THE INSTALLATION CAN ACTUALLY BE SUCCESSFULLY CARRIED OUT ON EVERY COMPUTER WITH ITS SPECIFIC HARDWARE AND SOFTWARE CONFIGURATION). THE DATA CARRIER MUST ALWAYS BE HANDLED AND STORED PROPERLY.

WE WILL REMEDY DEFECTS FREE OF CHARGE AT OUR DISCRETION, EITHER BY REPAIR OR REPLACEMENT. THE BUYER MUST GRANT US THE NECESSARY TIME AND OPPORTUNITY TO REMEDY THE DEFECT. IF THE REPAIR OR REPLACEMENT FAILS AND THE DEFECT CANNOT BE CIRCUMVENTED IN A MANNER ACCEPTABLE TO THE CUSTOMER – PARTICULARLY AFTER THE UNSUCCESSFUL EXPIRY OF A GRACE PERIOD SET BY THE CUSTOMER – THE CUSTOMER MAY DEMAND RESCISSION OF THE CONTRACT OR A PRICE REDUCTION. WE CANNOT GUARANTEE THAT THE SOFTWARE WILL MEET THE INDIVIDUAL REQUIREMENTS OF THE USER. SEAMLESS INTEGRATION WITH THE SOFTWARE ALREADY INSTALLED ON THE USER'S COMPUTER (INCLUDING SYSTEM INSTALLATIONS) CANNOT BE GUARANTEED. COMPLETE ERROR-FREE OPERATION OF COMPUTER PROGRAMS IS FUNDAMENTALLY IMPOSSIBLE TO GUARANTEE ACCORDING TO THE CURRENT STATE OF SCIENCE AND TECHNOLOGY, AND IS NOT WARRANTED FOR THE SOFTWARE OFFERED HERE. INCORRECT CALCULATION RESULTS OR MALFUNCTIONS OF THE SOFTWARE OF ANY KIND CANNOT BE COMPLETELY RULED OUT. THE USER MUST ALWAYS BEAR THIS IN MIND; NO LIABILITY IS ASSUMED FOR FINANCIAL LOSSES. THE SOFTWARE CANNOT BE COMPLETELY GUARANTEED TO BE VIRUS-FREE.

NO LIABILITY IS ACCEPTED FOR DATA LOSS. THE USER IS RESPONSIBLE FOR PERFORMING APPROPRIATE DATA BACKUPS. IT IS RECOMMENDED TO BACK UP DATA AT APPROPRIATE INTERVALS – AT LEAST ONCE DAILY – TO SUITABLE EXTERNAL STORAGE MEDIA SO THAT IT CAN BE RESTORED WITH MINIMAL EFFORT. DATA BACKUP IS ALSO RECOMMENDED BEFORE INSTALLING SOFTWARE. FILES AND PROCESSES CURRENTLY BEING PROCESSED SHOULD BE SAVED AS FREQUENTLY AS POSSIBLE. THESE STATEMENTS ALSO APPLY TO DATA AND PROCESSES PROCESSED WITH PROGRAMS FROM OTHER MANUFACTURERS (INCLUDING SYSTEM INSTALLATION).

OUR LIABILITY IS LIMITED TO INTENTIONAL ACTS AND GROSS NEGLIGENCE. LIABILITY FOR GROSS NEGLIGENCE IS ALSO EXCLUDED WITH RESPECT TO MERCHANTS. REGARDING TEST AND BETA VERSIONS, LIABILITY IS GENERALLY LIMITED TO INTENTIONAL ACTS. NO LIABILITY IS ASSUMED FOR CONSEQUENTIAL DAMAGES, IN PARTICULAR THOSE ARISING FROM BREACH OF CONTRACT, NOR FOR UNFORESEEABLE DAMAGES WITHIN THE USER'S SPHERE OF RESPONSIBILITY. THIS APPLIES TO BOTH CONTRACTUAL AND NON-CONTRACTUAL CLAIMS.

ALL SOFTWARE PROGRAMS OFFERED ON OUR WEBSITES AND OTHER MEDIA ARE SUBJECT TO THE LICENSE TERMS ATTACHED TO THE PROGRAM. BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU AND US, SUPERSEDING ANY AND ALL PRIOR OFFERS OR AGREEMENTS RELATING TO THE SOFTWARE, WHETHER ORAL OR WRITTEN, AND ANY OTHER FORM OF COMMUNICATION BETWEEN YOU AND US OR ANY OF OUR REPRESENTATIVES.

 

§ SERVICES

OUR LIABILITY IN CONNECTION WITH THE PROVISION OF CONSULTING AND OTHER SERVICES, SUCH AS ANALYSIS, PLANNING, IMPLEMENTATION, OR SUPPORT IN IT-RELATED MATTERS, IS EXPRESSLY EXCLUDED, UNLESS MANDATORY STATUTORY PROVISIONS PROVIDE FOR LIABILITY. WE ASSUME NO LIABILITY FOR DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR NON-USE OF THE SERVICES PROVIDED, IN PARTICULAR DAMAGES RESULTING FROM FAULTY OR INCOMPLETE ADVICE, FAULTY IMPLEMENTATION OF RECOMMENDATIONS, OR DELAYS IN THE PROVISION OF SERVICES. THE CUSTOMER IS FULLY RESPONSIBLE FOR REVIEWING AND IMPLEMENTING THE MEASURES WE RECOMMEND AND FOR COMPLYING WITH ALL APPLICABLE LAWS AND REGULATIONS. LIKEWISE, WE ASSUME NO LIABILITY FOR DAMAGES RESULTING FROM UNFORESEEN CIRCUMSTANCES, MISUNDERSTANDINGS, OR A LACK OF INFORMATION ON THE PART OF THE CUSTOMER. LIABILITY FOR LOST PROFITS, BUSINESS INTERRUPTION, OR OTHER CONSEQUENTIAL DAMAGES IS ALSO EXCLUDED.

WE ACCEPT NO LIABILITY WHATSOEVER FOR ANY DAMAGES ARISING FROM IMPROPER USE, FAULTY SYSTEM CONFIGURATIONS, INADEQUATE SECURITY MEASURES, OR UNAUTHORIZED ACCESS TO ANY SERVICES PROVIDED ON THE CUSTOMER'S SYSTEMS AND NETWORK. THE CUSTOMER IS OBLIGATED TO ENSURE THAT THE SYSTEMS, NETWORKS, AND DATA USED ARE PROTECTED AGAINST UNAUTHORIZED ACCESS AND COMPLY WITH CURRENT SECURITY STANDARDS. WE ARE NOT LIABLE FOR DAMAGES ARISING FROM THE INTERACTION OF OUR SERVICES WITH EXISTING SYSTEMS, SOFTWARE, OR NETWORK INFRASTRUCTURES FOR WHICH THE CUSTOMER IS RESPONSIBLE. FURTHERMORE, WE ASSUME NO LIABILITY FOR DATA LOSS UNLESS SUCH LOSS IS DUE TO GROSS NEGLIGENCE OR INTENT ON OUR PART. THE CUSTOMER IS OBLIGATED TO REGULARLY CREATE BACKUP COPIES OF THEIR DATA AND TO TAKE ALL NECESSARY MEASURES TO PREVENT DATA LOSS. WE CANNOT BE HELD LIABLE FOR DAMAGES CAUSED BY THE FAILURE OR MALFUNCTION OF HARDWARE OR SOFTWARE THAT IS OUT OF OUR CONTROL.

FOR ALL SERVICES IN THE AREA OF ​​SOFTWARE DISTRIBUTION AND SOFTWARE MANAGEMENT, WE ASSUME NO LIABILITY FOR DAMAGES RESULTING FROM FAULTY INSTALLATION, INCORRECT CONFIGURATION, OR INCOMPLETE SOFTWARE DISTRIBUTION. IN PARTICULAR, WE ASSUME NO RESPONSIBILITY FOR THE COMPATIBILITY OF THE DISTRIBUTED SOFTWARE WITH THE CUSTOMER'S SYSTEMS, UNLESS EXPRESSLY AGREED OTHERWISE. THE CUSTOMER IS OBLIGATED TO ENSURE THAT ALL NECESSARY LICENSES FOR THE SOFTWARE TO BE DISTRIBUTED ARE IN PLACE AND THAT THE SOFTWARE IS USED IN ACCORDANCE WITH THE LICENSE TERMS. WE ARE NOT LIABLE FOR DAMAGES RESULTING FROM FAULTY OR INCOMPATIBLE SOFTWARE VERSIONS, NOR FOR POTENTIAL IMPACTS ON THE CUSTOMER'S EXISTING SYSTEM ENVIRONMENTS. THE CUSTOMER REMAINS RESPONSIBLE FOR THE REGULAR UPDATING AND MAINTENANCE OF THE SOFTWARE, INCLUDING THE INSTALLATION OF SECURITY UPDATES AND PATCHES. WE ASSUME NO LIABILITY FOR DAMAGES RESULTING FROM THE CUSTOMER'S FAILURE TO PERFORM THE NECESSARY UPDATES AND MAINTENANCE AT REGULAR INTERVALS.

 

§ RETURN OBLIGATION

IF THE CUSTOMER'S RIGHT OF USE ENDS - WHETHER DUE TO TERMINATION OR CANCELLATION OF THE AGREEMENT OR FOR ANY OTHER REASON - THE CUSTOMER MUST COMPLETELY RETURN OR DELETE ALL PROGRAMS PROVIDED TO HIM, INCLUDING DOCUMENTATION AND ANY COPIES, AND CONFIRM THIS IN WRITING, UNLESS OTHERWISE AGREED IN WRITING.

 

§ WITHDRAWAL POLICY (FOR CONSUMERS ONLY)

A CONSUMER IS ANY NATURAL PERSON WHO ENTERS INTO A LEGAL TRANSACTION FOR PURPOSES THAT CAN BE PROFESSIONALLY NEITHER ATTRIBUTED TO THEIR COMMERCIAL OR SELF-EMPLOYED PROFESSIONAL ACTIVITY.

 

§ RIGHT OF WITHDRAWAL

YOU HAVE THE RIGHT TO WITHDRAW FROM THIS CONTRACT WITHIN 14 DAYS WITHOUT GIVING ANY REASON. THE START OF THE WITHDRAWAL PERIOD DEPENDS ON THE METHOD OF ORDER PLACEMENT:

THE CANCELLATION PERIOD IS 14 DAYS FROM THE DAY ON WHICH YOU, OR A THIRD PARTY DESIGNATED BY YOU (OTHER THAN THE CARRIER), TAKE POSSESSION OF THE GOODS, IN THE CASE OF AN ORDER FOR A SINGLE ITEM OR A SINGLE ORDER FOR MULTIPLE ITEMS.
IF MULTIPLE ITEMS ORDERED SEPARATELY AS PART OF A SINGLE ORDER ARE DELIVERED SEPARATELY, THE CANCELLATION PERIOD IS 14 DAYS FROM THE DAY ON WHICH YOU, OR A THIRD PARTY DESIGNATED BY YOU (OTHER THAN THE CARRIER), TAKE POSSESSION OF THE LAST ITEM.
IF THE ITEMS ARE DELIVERED SEPARATELY, THE CANCELLATION PERIOD IS 14 DAYS FROM THE DAY ON WHICH YOU, OR A THIRD PARTY DESIGNATED BY YOU (OTHER THAN THE CARRIER), TAKE POSSESSION OF THE LAST ITEM. IF, HOWEVER, YOU HAVE CONCLUDED A CONTRACT FOR THE REGULAR DELIVERY OF GOODS OVER A FIXED PERIOD, THE CANCELLATION PERIOD IS 14 DAYS FROM THE DAY ON WHICH YOU OR A THIRD PARTY DESIGNATED BY YOU, WHO IS NOT THE CARRIER, TOOK POSSESSION OF THE FIRST GOODS.
NOTWITHSTANDING THE ABOVE, IN THE CASE OF THE DELIVERY OF DIGITAL CONTENT NOT SUPPLIED ON A PHYSICAL MEDIUM, THE CANCELLATION PERIOD IS 14 DAYS FROM THE DAY THE CONTRACT WAS CONCLUDED. WE EXPRESSLY DRAW YOUR ATTENTION TO THE REGULATION ON THE EXCLUSION OF THE RIGHT OF WITHDRAWAL UNDER THE HEADING "LOSS OF THE RIGHT OF WITHDRAWAL FOR DIGITAL CONTENT".

TO EXERCISE YOUR RIGHT OF WITHDRAWAL, YOU MUST INFORM US OF YOUR DECISION TO WITHDRAW FROM THIS CONTRACT BY MEANS OF A CLEAR STATEMENT (E.G., A LETTER SENT BY POST, FAX, OR EMAIL). TO MEET THE WITHDRAWAL DEADLINE, IT IS SUFFICIENT FOR YOU TO SEND YOUR COMMUNICATION CONCERNING YOUR EXERCISE OF THE RIGHT OF WITHDRAWAL BEFORE THE WITHDRAWAL PERIOD HAS EXPIRED. CONTACT DETAILS CAN BE FOUND IN THE IMPRINT.

 

§ LOSS OF THE RIGHT OF WITHDRAWAL FOR DIGITAL CONTENT

YOUR RIGHT OF WITHDRAWAL EXPIRES IN THE CASE OF A CONTRACT FOR THE SUPPLY OF DIGITAL CONTENT NOT STORED ON A PHYSICAL MEDIUM, EVEN IF WE HAVE BEGUN PERFORMANCE OF THE CONTRACT AFTER YOU HAVE EXPRESSLY AGREED THAT WE MAY BEGIN PERFORMANCE OF THE CONTRACT BEFORE THE WITHDRAWAL PERIOD HAS EXPIRED AND YOU HAVE ACKNOWLEDGED THAT BY AGREEING TO THE COMMENCEMENT OF PERFORMANCE OF THE CONTRACT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL.

 

§ CONSEQUENCES OF WITHDRAWAL

IF YOU WITHDRAW FROM THIS CONTRACT, WE WILL REFUND ALL PAYMENTS WE HAVE RECEIVED FROM YOU, INCLUDING DELIVERY COSTS (EXCLUDING ANY ADDITIONAL COSTS RESULTING FROM YOUR CHOICE OF A DELIVERY METHODS OTHER THAN THE LEAST CHEAPEST STANDARD DELIVERY OFFERED BY US), WITHOUT IMMEDIATELY AND AT THE LATEST WITHDRAWAL FROM THE DAY WE RECEIVE NOTICE OF WITHDRAWAL FROM THIS CONTRACT. FOR THIS REFUND, WE WILL USE THE SAME PAYMENT METHOD YOU USED FOR THE ORIGINAL TRANSACTION, UNLESS WE HAVE EXPRESSLY AGREED OTHERWISE WITH YOU; IN NO CASE WILL YOU BE CHARGED ANY FEES FOR THIS REFUND. WE MAY WITHHOLD THE REFUND UNTIL WE HAVE RECEIVED THE GOODS BACK OR YOU HAVE PROVIDED PROOF THAT YOU HAVE RETURNED THE GOODS, WHICHEVER IS THE EARLIER.

YOU MUST RETURN OR HAND OVER THE GOODS TO US IMMEDIATELY AND IN ANY CASE NO LATER THAN 14 DAYS FROM THE DAY ON WHICH YOU NOTIFY US OF YOUR WITHDRAWAL FROM THIS CONTRACT. THE DEADLINE IS MET IF YOU SEND THE GOODS BEFORE THE 14-DAY PERIOD EXPIRES. YOU BEAR THE DIRECT COSTS OF RETURNING THE GOODS.

YOU ARE ONLY LIABLE FOR ANY DIMINISHED VALUE OF THE GOODS RESULTING FROM HANDLING OTHER THAN WHAT IS NECESSARY TO ESTABLISH THE NATURE, CHARACTERISTICS, AND FUNCTIONING OF THE GOODS. IF YOUR DECLARED CANCELLATION CONCERNS THE DELIVERY OF DIGITAL CONTENT NOT STORED ON A PHYSICAL MEDIUM, YOU ARE NOT REQUIRED TO PAY ANY COMPENSATION.

 

§ FORCE MAJEURE, DISTURBANCES, VIRUSES

WE ARE NOT LIABLE FOR DAMAGES CAUSED BY OPERATIONAL DISRUPTIONS, PARTICULARLY THOSE CAUSED BY FORCE MAJEURE, SUCH AS NATURAL DISASTERS AND TRAFFIC DISRUPTIONS, NETWORK AND SERVER FAILURES, OTHER LINE AND TRANSMISSION PROBLEMS, AND OTHER OBSTACLES BEYOND OUR CONTROL. IN SUCH EXCEPTIONAL CASES, WE MAY WITHDRAW FROM THE CONTRACT IN WHOLE OR IN PART.

WE ARE NOT LIABLE FOR DAMAGES CAUSED BY VIRUSES. OUR IT SYSTEMS (NETWORKS, WORKSTATIONS, PROGRAMS, FILES, ETC.) ARE REGULARLY CHECKED FOR VIRUSES. WHEN FILES ARE DELIVERED VIA EMAIL, DIAL-UP (MODEM), ANY OTHER REMOTE TRANSMISSION, OR VIA DATA CARRIERS (FLOPPY DISK, CD-ROM, AND OTHER DATA CARRIERS), THE CUSTOMER IS RESPONSIBLE FOR A FINAL CHECK OF THE TRANSFERRED FILES AND TEXTS FOR POSSIBLE VIRUSES. CLAIMS FOR DAMAGES IN THIS REGARD WILL NOT BE ACCEPTED.

 

§ SECRET PROTECTION

DUE TO THE ELECTRONIC NATURE OF COMMUNICATION BETWEEN THE CUSTOMER AND US, ABSOLUTE PROTECTION OF THE CUSTOMER'S SECRETS, TRADE SECRETS, AND OTHER CONFIDENTIAL DATA AND INFORMATION CANNOT BE GUARANTEED.

THE CUSTOMER IS RESPONSIBLE FOR ENSURING ADEQUATE ENCRYPTION OR OTHER SECURE TRANSMISSION OF CONFIDENTIAL INFORMATION, SECRETS, AND TRADE SECRETS; WE ACCEPT NO LIABILITY.

 

§ DEMO VERSIONS AND TEST VERSIONS

DEMO AND TRIAL VERSIONS MAY BE DISTRIBUTED PROVIDED NO FEE IS CHARGED. WRITTEN PERMISSION IS REQUIRED FOR SHAREWARE COLLECTIONS IN RETAIL FORMAT. WE OFFER POTENTIAL CUSTOMERS A FULLY FUNCTIONAL, FREE EVALUATION OR TRIAL VERSION. THEREFORE, IT IS ASSUMED THAT IF YOU PURCHASE A SOFTWARE LICENSE FROM US, YOU WILL BE SATISFIED WITH THE FEATURES AND FUNCTIONALITY OF THE PROGRAM AND WOULD NOT REQUEST A REFUND ON THIS BASIS. ELECTRONIC SOFTWARE DOWNLOADS AND DIGITAL LICENSES (LICENSE KEYS) CANNOT BE REFUNDED.

 

§ LICENSE ACTIVATION

THE LICENSE IS ACTIVATED BY ENTERING THE LICENSE KEY INTO THE PROGRAM. FOR LICENSE ACTIVATION AND VERIFICATION, THE LICENSE KEY AND A COMPUTER-SPECIFIC, ANONYMOUS, AND NON-REVERSIBLE CHECKSUM ARE TRANSMITTED TO US. THE NUMBER OF LICENSES PURCHASED MAY NOT EXCEED THE NUMBER OF INDIVIDUAL COMPUTERS. ACTIVATION ON A SECOND COMPUTER, E.G., A NOTEBOOK, IS PERMITTED, PROVIDED THE SOFTWARE IS NOT USED ON BOTH COMPUTERS SIMULTANEOUSLY OR BY ANOTHER PERSON AT THE SAME TIME. IN THE EVENT OF MISUSE, ACTIVATION OF THE LICENSE IS NOT POSSIBLE OR MAY LEAD TO THE REVOCATION OF THE LICENSE KEY. SHOULD THE LICENSE NOT BE ACTIVATED BY ENTERING THE LICENSE KEY, IT IS THE CUSTOMER'S RESPONSIBILITY TO CONTACT US. IN THE EVENT OF A BREACH OF CONTRACT BY THE CUSTOMER, E.G., FAILURE TO PAY THE INVOICE, WE RESERVE THE RIGHT TO TEMPORARILY DEACTIVATE THE LICENSE OR UNTIL THE BREACH OF CONTRACT IS REMEDIED.

 

§ JURISDICTION

THE SOLE PLACE OF JURISDICTION FOR ALL DISPUTES ARISING DIRECTLY OR INDIRECTLY FROM THE CONTRACTUAL RELATIONSHIP IS REGENSBURG.

 

§ FINAL PROVISIONS

SHOULD ANY PROVISION OF THESE TERMS AND CONDITIONS BE INVALID, THE VALIDITY OF THE REMAINING PROVISIONS SHALL NOT BE AFFECTED. THE USER AND AUTHOR AGREE TO REPLACE ANY INVALID PROVISION WITH A VALID PROVISION THAT COMES AS CLOSE AS POSSIBLE TO THE INTENDED PURPOSE OF THE INVALID PROVISION.