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(1) These General Terms and Conditions and License Terms in their version valid at the time of the customer's order govern the contractual relationship between ASCOMP and individuals who order software from ASCOMP (hereinafter referred to as "Customer" or "You"). ASCOMP and the Customer are collectively referred to as the "Parties".
(2) The Customer assures that they are of legal age and fully competent to conduct business and that, if acting as a representative, they have the appropriate authority to represent.
(3) There are no verbal side agreements between the Parties. These General Terms and Conditions and License Terms exclusively apply. Deviating or conflicting terms and conditions of the customer do not apply; this is also true if ASCOMP does not expressly contradict the customer's terms and conditions.
(4) The right of withdrawal under § 3 only applies if the Customer is a consumer, i.e., a natural person who concludes a legal transaction for purposes that predominantly are neither commercial nor their independent professional activity.
(1) The information in catalogs, advertisements, and websites are non-binding and not an offer from ASCOMP.
(2) The customer's order constitutes an offer to ASCOMP to conclude a purchase contract for the software ordered by the customer. When a customer places an order via the internet or email, they will receive an email from ASCOMP confirming receipt of the order and detailing the order (order confirmation). This order confirmation does not represent acceptance of the customer's offer but merely informs the customer that their order has been received by ASCOMP.
(3) The customer is bound to their order for 14 days from its receipt by ASCOMP.
(4) A purchase contract between ASCOMP and the customer concerning the ordered software is only concluded when ASCOMP accepts the order by sending another email or by telefax or post to the customer (acceptance declaration). ASCOMP reserves the right to accept the offer only for part of the ordered software. No purchase contract is concluded over software not listed in the acceptance declaration or for which no activation key has been transmitted to the customer.
(5) When submitting an offer via the online order form of ASCOMP, the contract text is stored by ASCOMP and sent to the customer along with the present General Terms and Conditions in text form (e.g., email, letter) after the customer has submitted their order. Additionally, the contract text can be accessed by the customer via their password-protected customer account on ASCOMP's website by entering the appropriate login details, provided the customer has set up a customer account in the online shop of ASCOMP before submitting their order.
(6) Before the binding submission of the order via ASCOMP's online order form, the customer can continuously correct their entries using the usual keyboard and mouse functions.
(7) Only German and English languages are available for the conclusion of the contract.
(1) If the customer is a consumer and has purchased the software from ASCOMP exclusively using distance communication means (for example, by letter, catalog, email, or internet), they are entitled to a right of withdrawal according to the following withdrawal instructions.
- Withdrawal Instructions -
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (ASCOMP Software GmbH, Fueller Street 2/1, 70839 Gerlingen, E-Mail: support@ascompsoftware.com) by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory.
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.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Model Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To ASCOMP Software GmbH, Fueller Street 2/1, 70839 Gerlingen, E-Mail: support@ascompsoftware.com:
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
(1) The delivery of the software is carried out by transmitting access data to the customer area to the email address specified in the customer's order. Through the customer area, the ordered software can be downloaded and activated by the customer.
(2) ASCOMP is entitled to partial deliveries and partial performances to a reasonable extent.
(3) After completion of the order, ASCOMP keeps the software available for download for a period of six months (free full versions) or 24 months (purchased versions). The number of downloads is not limited.
(4) If ASCOMP is unable to deliver the ordered goods through no fault of its own because the supplier of ASCOMP does not fulfill its contractual obligations, the customer will be informed immediately that the ordered goods are not available. In this case, ASCOMP and the customer are entitled to withdraw. Any consideration provided by the contractual partner will be reimbursed immediately. The statutory claims of the customer remain unaffected.
(1) ASCOMP owns the copyright and other commercial rights to its own software and reserves all rights to the software, unless these rights are expressly granted to the customer in these General Terms and Conditions and License Terms.
(2) ASCOMP grants the customer a simple, unlimited right to use its own software (hereinafter "License"). The license entitles the customer to install the software in object code on the number of computers specified in the order or at the number of workplaces corresponding to the order and to use it for its intended purpose.
(3) It is particularly prohibited for the customer to reproduce the software in whole or in part, to rent or lease it, to translate, edit, or otherwise reshape the software, to sublicense the software, or to make the software publicly available, either wired or wireless, including making it accessible to the public in such a way that it is accessible to members of the public from places and at times of their choice. Furthermore, the customer is prohibited from decompiling, disassembling, or reverse engineering the software, unless the customer is entitled to do so under the relevant mandatory copyright law.
(4) All rights to the source code of its own software belong exclusively to ASCOMP. The customer has no claim to access or release the source code. § 69e Copyright Act remains unaffected.
(5) The license is non-transferable; except for the transfer of the downloaded program copy of the software by the customer, provided the customer makes the program copy installed on their computer unusable at the time of transfer
.
(1) The customer is obligated to keep the software secured to prevent unauthorized access or unauthorized copying. Access data must be treated confidentially and not disclosed to third parties.
(2) It is prohibited for the customer to circumvent technical measures protecting the software.
(3) In the event of the transfer of the downloaded program copy of the software, the customer must make the program copy installed on their computer unusable at the time of transfer and inform ASCOMP of the name and address of the recipient of the software.
(1) The prices stated in catalogs, advertisements, and/or internet pages of ASCOMP apply, which are current at the time of the order. All price details are optionally in USD or Euro and include VAT. Unless otherwise stated, the prices - errors and typographical errors reserved - refer to the software products depicted in the catalogs, advertisements, and the website of ASCOMP according to the corresponding description.
(2) Invoices are due immediately and payable within fourteen days. The remuneration is paid in advance using the payment methods offered on the website of ASCOMP, currently including bank transfer, PayPal, and iPayment. ASCOMP reserves the right to exclude certain payment methods. The costs of the money transfer are borne by the customer.
(3) The customer is in default without further explanations from ASCOMP if they do not pay within 30 days after the due date and receipt of the invoice.
(4) Offsetting by the customer is excluded unless the customer's counterclaim is undisputed or has been legally established.
(1) ASCOMP retains ownership of the delivered item until full payment of the purchase price.
(2) The transfer of usage rights is subject to the full payment of the agreed remuneration.
(1) ASCOMP warrants during the legal warranty period that the functionality of the software substantially complies with the software's specifications.
(2) ASCOMP does not guarantee that the software meets the customer's requirements. ASCOMP provides no warranty for technical details or the suitability of the software for a particular purpose unless otherwise determined in the software's specifications. Specifications stated in the software's specifications or other documentation do not constitute guarantees unless they are expressly designated as such.
(3) In the event of a warranty case, ASCOMP will, at its discretion, remedy defects in the software by rectifying errors, providing replacements, updates, or releasing a new version of the software. ASCOMP is entitled to two attempts to remedy the defects. If ASCOMP fails to remedy the defects within a reasonable period of time, the customer is entitled to reduce the remuneration ("reduction"). If it is a significant defect, the customer is also entitled to withdraw from the contract instead of reducing the remuneration.
(4) The customer is not entitled to warranty claims,
- if they do not use the software according to its intended purpose or misuse it, or
- if they modify or alter the software without prior written consent from ASCOMP, or
- if problems or errors are due to the software being used with programs that are incompatible with the software, unless the customer proves that the defect is attributable to the software.
(5) If the customer is entitled to compensation for damages or reimbursement of futile expenses due to warranty, this is subject to the limitation of liability of the following § 10.
(6) If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following is agreed for the warranty claims of the customer: Obvious defects must be reported to ASCOMP in writing immediately, at the latest within 14 calendar days after delivery of the goods; hidden defects must also be reported in writing immediately, at the latest within 14 calendar days after they become known. If the defect notification is not made in a timely manner, the warranty rights of the customer relating to the defect not timely reported are excluded. However, this does not apply insofar as ASCOMP has fraudulently concealed the defect and/or has assumed a corresponding guarantee. Warranty claims expire - except in the case of claims for damages - within one year after delivery of the item to the entrepreneur.
(1) ASCOMP is not liable for damages, delays, or performance impediments
that are outside of ASCOMP's area of responsibility.
(2) ASCOMP is not liable for damages resulting from unsuitable, improper, or unintended use of the software.
(3) Regardless of the legal grounds, ASCOMP is only liable for damages caused intentionally or through gross negligence or in the event of culpable damages caused by ASCOMP resulting from injury to life, body, or health, or in the case of culpable violation of an essential contractual primary obligation or cardinal obligation, or in the event of non-performance of a guarantee, or if a defect was fraudulently concealed by ASCOMP. A "cardinal obligation" in the sense of this provision is an obligation of ASCOMP whose fulfillment enables the proper execution of the contractual relationship between the parties, whose violation endangers the achievement of the purpose of the contract, and on whose compliance the customer regularly relies.
(4) In the event of a breach of an essential contractual primary obligation or cardinal obligation due to simple negligence, ASCOMP's liability is limited to the typically foreseeable damage.
(5) Any further liability of ASCOMP is excluded. Liability under the German Product Liability Act remains unaffected by these General Terms and Conditions and License Terms.
ASCOMP will comply with the relevant provisions, especially those of the BDSG (Federal Data Protection Act) and the GDPR (General Data Protection Regulation), when handling personal data.
The contractual relationship between the parties and all disputes arising from or in connection with this contractual relationship are governed by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Insofar as the customer is a merchant, legal entity under public law, or a public special fund, or does not have a general place of jurisdiction in Germany, or relocates their residence or usual place of abode out of the country after the conclusion of the contract, or their residence or usual place of abode is not known at the time the lawsuit is filed, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship between the parties in all these cases is the business location of ASCOMP.
(1) The European Commission provides a platform for online dispute resolution between consumers and entrepreneurs (ODR platform). The ODR platform can be accessed at the following link: https://ec.europa.eu/consumers/odr. The email address of ASCOMP is: support@ascompsoftware.com.
(2) ASCOMP is neither obliged nor willing to participate in dispute resolution procedures before consumer arbitration boards.
Should one or more provisions of these General Terms and Conditions and License Terms be or become invalid, this shall not affect the validity of the remaining provisions.
