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This English version is made to enable English speaking persons to get the information about the terms and conditions valid for Ptraffic. This is not an official or judged translation of the original German terms and conditions. Thus no one can be sure, that this translation contains the exact jurisdictional definitions of the German original. The only jurisdictional correct version of the general terms and conditions is the German version which can be found here:
§ 1 General
(1) All contracts are solely based on these general terms and conditions. These are subject to all current and future contracts between both partners of the contract without any future reminder to the general terms and conditions.
(2) All specifications given in brochures, classifieds, catalogs, web-pages are for information only and without responsibility, prices are subject to change. By downloading the software the customer accepts the copyright and warranty conditions. Changes to the contract are only valid if the vendor confirms the changes either in written paper or by electronic mail.
(3) Deviations, contrary or additional conditions made by the customer are only valid if approved by the vendor in a written contract.
(4) Any unwritten agreement and changes to the contract are only valid if approved by the vendor in a written contract.
(5) When using the delivered goods and applications any copyrights of third parties are to be observed.
(1) By ordering the goods, the customer makes a binding intent to purchase the goods.
(2) The program is protected by copyright. Use and exploitation of the program is allowed only in the following scale:
(a) The buyer may use the program only on a single computer.
(b) Program changes or edits are only allowed if they are within the intended usage of the program.
(c) The buyer may package the program as a whole and in its original condition along with a copy of these terms and conditions continue to a third party. When forwarding the program package to a third party his right to use the program ends and is also transferred to the third pary.
(d) The seller retains the ownership and copyright. For damages due to infringement of any patent or other proprietary rights, the seller is liable only if they had knowledge of such rights and these rights lead to third party claims. The amount of the liability of the seller to the sales value of goods is limited to the sales price.
(1) The purchase price is payable in advance via chosen payment method.
(2) The purchaser has the right to withdraw in case of default by the seller under a reasonable extension of the sale. Further compensation claims are excluded unless the seller encounters deliberate intent or gross negligence.
§ 6 Guarantee and Liability
(1) The seller guarantees the usefulness of the program according to the published by him, and at the time of delivery to the Buyer valid program description. The seller guarantees the availability of the software package on the server for the download of the seller by the buyer.
In the case of mere negligent breach of duty by the vendor or his agents, the liability of the seller to the contract-typical, foreseeable damage is limited. The seller will not accept liability if the program be changed or modified versions, provided that the buyer can prove that any defects are not related to the changes or edits. The warranty period is two years with the purchase of a consumer otherwise one year. The seller is entitled to either remedy the defect or replacement delivery. If this in turn proves to be incorrect, the buyer, after setting a reasonable grace period, may demand for price reduction or rescind.
(2) Any further liability of the buyer are expressly excluded, irrespective of legal basis. In particular, the seller is not liable for loss of data, and similar damage to media or other programs, business interruption and others. The foregoing liability limitation does not apply if the liability based on intent or gross negligence.
§ 7 Other
(1) The seller offers the opportunity to the buyer to download the bought package from the server of the seller in his computer (download).
(2) The seller processes the data from the buyer for order fulfillment and maintenance of ongoing customer relationships. Participating service providers or banks receive your data only if it is necessary for mission accomplishment.
§ 8 Final Provisions
(1) German law applies excluding the UN sales law.
(2) Jurisdiction over merchants, legal persons under public law or public law special fund under Buxtehude.
Version: Jul1 2011