StartGeneral Terms and Conditions

 

 

General Terms and Conditions

1. Contract

Images and descriptions of the software on the Internet and product descriptions are no assurances of property. The customers are familiar and know the technical possibilities and conditions of the software.

Further technical details are shared upon request.

 

Our offers, deliveries and services are provided exclusively with the involvement of these Terms and Conditions. Our employees are not entitled to make oral commitments. Out Terms and Conditions also apply to future business. Divergent, conflicting or additional terms of the customer are rejected hereby. They are not part of the contract, unless their validity is expressly agreed upon in writing.

 

2. Warranty

2.1

We point out that it is, according to the state of the art, not possible to develop a software that it works correctly for all applications. We warrant that the program, in terms of our issued program description, is useful to the buyer at the time of delivery; and that the customer receives the declared features. Minor reductions in usability are not considered. During the trial period, our warranty obligation is limited to the case of fraud. The customer uses the software at his/her own risk during the trial period. As far as providing services, this is done out of goodwill.

2.2

If the customer has paid the fee and receives a full version of the software, the following warranty rules. In the case of not, or not fully paid invoice(s), we reserve the right to offer any support.

2.3

We do not warrant that the software is suitable for unforeseen tasks executed by the customer. For transmission errors concerning the Internet, we assume no liability.

2.4

We can provide warranty by repair or touch up. Any repair or touch up is carried out at our discretion by providing new files, or by the fact that we identify ways to avoid the consequences of errors. If these repairs or touch ups fail, after several attempts, the customer has the right to reduce the price or cancel the contract.

2.5

To ensure that the customer does not lose his warranty, he is obliged to inspect the software immediately after release of the full version and to complain about obvious defects at the latest within four weeks, with an exact description. The guarantee also assumes that the client software has not been changed or used contrary to the contractual provisions; unless the customer proves that the error occurred independently from this.

2.6

Technical support and maintenance updates are available without restriction and free for 2 years, from date of purchase. Our support is provided via e-mail. Maintenance updates are provided electronically without fee to the customer.

 

3. Liability

3.1

In the test period we offer indemnity that should be prevented by the diligence or the quality assurance, on whatever legal grounds, only for intent, gross negligence and a lack of a guaranteed property in the amount of the foreseeable and typical damage. Further, we are also liable for breach of a fundamental duty to ensure that the achievement of the contract purposeis at risk, by default and due to initial, concerning the replacement of the typical remote and not removed damage, with no more than (a maximum amount of one) per individual claim, up to twice the amount of the contract value. In any case, liability for consequential damages and lost profits is excluded. Liability under the Product Liability Act remains unaffected.

3.2

If third parties make claims against the customer, the customer will inform us immediately. He may not recognize from the claims of third parties. We will defend, at its option or to satisfy the claims or the affected performance against an equivalent exchange of the order corresponding performance, if acceptable to the customer.

3.3 Please be ALWAYS careful to keep your license key. JBSoftware can not be held liable for the loss of your license key. To create a new personal license key, we charge a handling fee of 15.- US-Dollars for a lost MemoMaster key.

 

4. Confidentiality and Safekeeping

 

The contractual parties agree upon handling all information confidential that is received and becomes known, related to the contract performance of the other party's information and documents concerning business or trade secrets, up to the end of the contract and beyond. This particularly applies to the software supplied by us and the copies made by the customer. The contractor stores and secures these items appropriately so that third parties have no access.


5. Severability

5.1

If any provision of these Terms should be wholly or partly void or voidable, or become voidable, the validity of all other provisions or agreements will not be affected. Instead of an invalid provision, a valid provision shall be agreed upon that comes closest to the purpose of the contract. This applies accordingly to necessary supplements to fill gaps.

 

6. Final

6.1

Place of performance is our business location. If the customer is merchant, legal entity under public law or public special fund, the venue for all disputes arising from this contract is our place of business. In this case we are entitled to assert our rights in in the courts of general jurisdiction of the customer. The law of the Federal Republic of Germany applies only, excluding the provisions of the CISG.

6.2

In all other respects, the General Terms of Use for Our Software (see below) apply.

 

 

 

 

 

 

General Terms of Use for Our Software

1. Contract

1.1

We offer you the release of the software to the following terms and subject to Terms and Conditions (see above). Before downloading the software, please read through the two contract terms and conditions carefully. If you download the software, you declare that you have read the Terms and Conditions and agree with them. These conditions are only applicable to the contract. We do not accept other Term and Conditions.

1.2

The software may be used by you for free during a trial period functionally limited in size, beginning at the conclusion of contract so that you can determine whether the software meets your requirements. Afterwards, your rights shall cease to use the software further, unless you buy the necessary data for further use rights from us. You will receive the full version of the software with its full range of functions.

1.3

Our offers are non-binding, binding with the sending of the bill.

 

2. Rights of Use

2.1

The copyright on the software and all exploitation rights belong exclusively to us. You receive a simple, irrevocable license to use the software in the scale described below.

2.2

You are entitled to use the software on any technically suitable computer for your own purposes. The software may be used at any time, only on one computer, and never simultaneously on two or more computers, either by the same person or different persons. The computer may not serve as an Internet server. You may make a backup copy of the software that you may use, but not simultaneously in addition to the installed software version.

2.3

You are not authorized, without prior written consent from us,

  • to distribute the software outside of the use for its own purposes, reproduce, perform, send to, re-publizise or make available to third parties in any manner;
  • to rent, loan, share the software with others or otherwise allow the use by third parties;
  • to modify, to arrange, to translate the software. Decompilation is permitted only under the Copyright Act;
  • to change, edit or remove copyright notices, other legal reservations, serial numbers and other identifying characteristics contained in the software.

2.4

The customer has only simple, non-transferable rights to use the licensed software.

2.5

We may revoke the use of powers if you don't comply wioth these terms in 2 and also if you have written a warning with threats of revocation.

 

3. Payment

3.1

Please refer to the price list for user fees for the permanent use of the software. All prices are exclusive of VAT and 22.- US-Dollar for postage and packing. For deliveries abroad we charge an additional handling fee of 20.- US-Dollar. These fees are subject to change.

3.2

Once payment is received, we will send you a full version of the software that enables the use of the entire range of features as mentioned in 2.

 

4. Severability

4.1

Should one or more provisions of these Terms be invalid, incomplete or require supplementation, this does not affect the validity of the remaining clauses. In its place or to close contractual gaps, arrangements shall be made that best benefit the economic interests of the parties.

 

5. Final

 

In all other respects, the General Terms and Conditions (see above) apply.

 

 

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