GENERAL TERMS AND CONDITIONS

By SONOLUCA GbR, Gutleutstr. 294, 60327 Frankfurt am Main, Germany
Tel.: +04969619903, Fax.: +496961990381, E-Mail: info@sonoluca.de (hereinafter: seller)

 

§ 1 Area of application

  1. The seller exclusively offers his services based on the following terms of business. In addition to this the enclosed seller’s licensing contract shall be valid. Any other general terms and conditions, whether contrary or supplementary (e.g. purchase conditions of Customer) shall not become part of the contract unless their application is explicitly approved by the seller in writing.
  2. Descriptions in leaflets, advertisements, catalogues, web sites etc. are without any commitment. The offers shall not be binding. Due to tariff changes, import and export duties, foreign exchange rates etc. prices are subject to alteration without notice. A contract between seller and customer is only effected after a written confirmation of the order (e-mail is sufficient). By opening the original packing the customer accepts protection by copyright and warranty provisions. Deviations and supplements are only effective when confirmed by the seller in writing.

 

§ 2 Delivery quantity and right of use

  1. The delivery includes the software and a digital user manual. Supplementary manuals and documentations or instructions are not subject to the contract. Manual and software are protected by copyright. Utilization and application of software are only permitted to the following extent:
    1. On condition that the software is exclusively used for one single computer at any time, the granting of an individual license provides the customer with the permission of the software utilization for a single computer. Using the software means that the software is either recorded in a computer’s temporary memory (e.g. RAM) or loaded in a permanent storage (e.g. hard disk, CD-ROM). If multiple software licenses have been purchased by the customer, he is always only allowed to use as many copies as he purchased licenses at most. If the presumably quantity of software users goes beyond the purchased license number, the customer has to provide suitable mechanisms or operation methods to guarantee that the number of persons using software simultaneously doesn’t exceed the number of licensees.
    2. The contractually utilization covers the production of backup copies of the committed software with the contained data at machine-readable recording carriers.
    3. Important: The customer assumes responsibility to keep unchanged all trade mark rights, like copyright notes and other legal reservations contained in the license material as well as to transfer them unchanged into all customer made complete or partial copies of machine-readable licence material.

    4. In case that software will be licensed as upgrade or update, the customer is only entitled to exchange the further developed software for previously delivered versions. If this should be the case, the effectiveness of the remaining regulations remains untouched and valid. The delivery of an upgrade or update is not to be taken as granting of an additional software license (i.e. the customer is not entitled to either use the upgrade or update in addition to the software that is to be replaced, nor is he allowed to permit its use to a third party).
    5. The customer shall be entitled to pass the software on to a successor, along with a copy of the conditions of use. The software may only be passed on together with the delivered hardware as a whole and in its original state. The right to use the software passes on to the successor, who replaces the customer for this purpose, while at the same time the customer’s right to use the software ends; any copies or copies in parts made by the customer as well as modified or processed versions must not be passed on to the successor but shall be erased immediately; this shall also be applicable to backup copies of the software. The customer shall be entitled to pass the software on to another user for temporary use; in this case the provisions of this paragraph shall apply mutatis mutandis. The customer is not entitled to let the programme or parts of the programme out on hire.
    6. A decompilation of the software is not allowed.

 

§ 3 Prices and terms of payment

  1. As a rule all prices are stated exclusive V.A.T. The customer shall bear any costs for transport and package. In case of a delivery time exceeding four months, those prices apply which were valid at the time of ordering or making available.
  2. Depending of chosen mode of dispatch the purchase price is to be paid in advance, by cash on delivery or debit order mandate. In case of delay in payment the seller shall be entitled to withhold supply of goods from the customer, as well as from the current contract as from existing contractual relationships. The customer shall not be entitled to exercise any right of retention against the seller’s claims unless such right is based on a counterclaim resulting from the same contractual relationship.
  3. Only when an arrangement is effected in writing, the agreed upon date of delivery shall have legal force. The delivery time shall be extended adequately in case of industrial conflict (strike/lockout), official directives or decrees (import/export restrictions) or in case of force majeure. In case of delay the customer can withdraw from the contract if he grants the seller an appropriate grace period. Further claims for damages shall be excluded if the seller is not liable for damage caused intentionally or by gross negligence.

 

§ 4 Return privilege

  1. In pursuance of § 13 BGB, the customer shall have the return privilege, when returning commodities within fourteen days after receipt.
  2. The risk of taking back the goods lies with the seller. Provided the delivered commodities correspond to the ordered goods, the customer shall meet the transport charges for goods returned; this settlement shall be applicable to goods up to an amount of EUR 40,00. In case that the articles can not be dispatched by parcel, a request for taking back in writing on a permanent data carrier (letter/fax) without stating the reasons shall be sufficient within the given period. For meeting the deadline forwarding on schedule shall be adequate. In any case the seller shall be given prior notice of the return of goods, either in writing or by telephone.
  3. Software seals must not be broken and sealed commodities must be returned unopened und in undamaged condition; otherwise the return privilege shall be declared null and void. The same applies for downloads or software which has to be activated by a special code. In opening the sealed packages of the data carriers or the activating code the respective licensing agreement of the producer goes for sustained. A belated return or a change for another product is not possible.
  4. Individually prepared or rather personalized licenses or products are excluded from return in general.
  5. Should a download of a demo-version of the product be available, the customer has to make sure that the software will run on his computer system. In this case a return of the product because of supposed incompatibility shall be excluded.

 

§ 5. Reservation of ownership:

  1. The seller retains possession of the goods (software/users manual) until the customer has fully paid all claims arising from the relationship. In case of customer’s conduct contrary to the terms of the agreement, the seller is entitled to take back the conditional commodities for seller’s account; this is not tantamount to a withdrawal from the contract. The customer is not authorized to dispose of the conditional commodities.

 

§ 6 Warranty and liability:

  1. For the software delivered to the customer the seller guarantees the fitness of the goods for use according to the programme description valid at the time of dispatch, and made available to the customer before conclusion of the contract. No warranty can be given that the software is suited for the purposes of the customer and compatible with the software already installed on the customer’s computer system. According to the German law on ultimate consumers (Verbraucherschutzgesetz) the warranty period comes to 24 months, otherwise to 12 months.
  2. Information given in the manual and/or advertising material relating to possibilities of software expansion or equipment available, are noncommittal; especially since the software is regularly updated and the data might also refer to future developments.
  3. According to statutory provisions the seller is unrestrictedly liable for damage, if the damage is based on imputed neglect of duty, on intention or gross negligence. As far as the imputed neglect of duty is based upon slight negligence and culpable breach of contract, the liability is limited to the contract typical damage, that can be expected in comparable circumstances. In other respects any liability shall be excluded. Particularly for loss of data, damage to data carriers or other programmes, operational breakdowns and suchlike the seller cannot be hold responsible.

 

§ 7 Other conditions:

  1. The goods will be dispatched to the address stated in the contract. The mode of dispatch is in the discretion of the seller, except as otherwise provided in an agreement.
  2. Deliveriy by installments are permitted and are considered a original consignments. As soon as the consignment has left the storage room, the buyer bears the risk.
  3. Data necessary to carry out business transactions are stored by the seller and used for sales order processing. All personal data will be handled confidentially.

 

§ 8 Final clauses:

  1. The laws of Germany shall apply. The application of the UN Convention on the International Sale of Goods (CISG) is excluded.
  2. With regard to merchants, public law entities or separate funds under public law, the courts of "Frankfurt am Main" shall have exclusive jurisdiction over all disputes arising from these General Terms and Conditions or from any contract governed by these General Terms and Conditions.
  3. If one or several of the regulations should be or become ineffective, this does not render invalid any other conditions. The ineffective regulation is to be replaced by regulation under Federal law.

 


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