AGB-Software | Volker-Müller-Shop

Terms and Conditions SOFTWARE

Seat

Job software (application maker)

Software development and publishing

Volker Mueller

Tragartherstr.20

06254 Schkopau OT Luppenau

Germany

Telephone: +49015255359188

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GENERAL TERMS AND CONDITIONS

scope

The deliveries and services of the job software software development
take place exclusively under the general terms and conditions of business and license of the application maker software development.

Terms and conditions of the contractual partner that conflict with or deviate from the general terms and conditions of business and license of the application maker software development are expressly excluded.

Transfer of rights and obligations of the contractual partner from the purchase contract require the written consent of Jobsoftware software development.

SUBJECT OF CONTRACT

The subject matter of the contract includes the entire content of the files, Internet services, the CD-ROM(s) or another data carrier and the associated services, the job software software development or third parties, digitized images, clipart, which are based on these general terms and conditions of business and license to be delivered. The term "Use" refers to access, installation, downloading, copying or other use.

The term "Permitted Number" means one (1) single-seat license, unless otherwise specified in a valid license agreement granted by Jobsoftware Software Development (e.g., library license, distributor and reseller license, enterprise license, usage license).

The term "buyer" refers to the person who orders a version of the job software from the job software software development.

If the buyer is not the main licensee, according to the general terms and conditions of the job software software development, the buyer is prohibited from using a version of job software.

The term "Principal Licensee" refers to the person or company to whom all Job Software software products are licensed.

If the main licensee orders from the job software, he is also the buyer.

LIABILITY AND WARRANTY

job software warrants to the buyer/licensee that the data carrier supplied (floppy disk/CD-ROM) is pre-recorded and that the data carrier is error-free under the specified minimum technical requirements under normal operating conditions.

If there is a defect in the purchased item, Jobsoftware is entitled to choose between remedying the defect or providing a replacement.

Jobsoftware warrants to the person or entity who first acquires a license to use the CD-ROM under the terms of this Agreement for a period of ten (10) days from receipt of the CD-ROM that the CD-ROM is substantially in is capable of performing the functions described in the documentation when used in accordance with the recommended hardware configuration.

Minor deviations from the descriptions in the documentation do not justify any warranty claims.

The warranty expires if the purchased item has been treated improperly or has been overused.

Natural wear and tear is excluded from the warranty.
The buyer of the goods must examine obvious defects immediately after delivery by the seller, as is appropriate in the ordinary course of business, and if a defect is found, notify the seller immediately.

Likewise, it must be reported immediately if the delivered goods do not correspond to those ordered or if the buyer has not placed an order.
If the buyer fails to report this immediately, the goods are deemed to have been ordered.
If the review of a notice of defects shows that there is no warranty case, Jobsoftware is entitled to charge review costs of up to 80 euros plus shipping and packaging costs plus statutory VAT.

Further claims of the buyer - for whatever legal reason - are excluded.

Jobsoftware is not liable for damage that did not occur directly in the delivery item, in particular Jobsoftware is not liable for lost profits or other financial losses of the buyer.

This exclusion of liability does not apply if the damage is due to intent, gross negligence or the lack of a guaranteed property, breach of essential contractual obligations, delay in performance or impossibility.

Jobsoftware is not liable for the recovery of data, unless Jobsoftware caused the loss intentionally or through gross negligence.

Jobsoftware makes no warranties, representations, terms or conditions, express or implied, whether arising out of any business relationship or trade usage, or by statute, common law or otherwise, as to merchantability, non-infringement and incorporation or fitness for a particular purpose.
This excludes the foregoing limited warranty and any warranty, condition or representation that cannot or may not be excluded or restricted by national or international law. Defects in the supplied CD-ROM and other documents will be remedied within the warranty period of 24 months from delivery after notification by the customer.

The customer bears the costs of delivery. This is done at the discretion of Wirtschaftsberatung through repair or replacement delivery.
If the defect cannot be remedied within a reasonable period of time or if the repair or replacement delivery is to be regarded as having failed for other reasons, the customer can choose to demand a reduction in payment (reduction) or cancellation of the contract (rescission).
A failure of the repair and replacement delivery is only to be assumed if the seller has been given sufficient opportunity to repair or replacement delivery without the desired success having occurred, if it is impossible, if it is refused by the seller or unreasonably delayed, if there are justified doubts regarding of the prospects of success or if it is unreasonable for other reasons.
The right to remedy the defects yourself after setting a deadline and to impose the costs for this on the seller (§ 633 II BGB) is excluded.
Otherwise, the seller is only liable for intent and gross negligence, also on the part of his legal representatives and vicarious agents, unless an obligation is breached, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). In the event of a breach of the cardinal obligation, the limitation of liability for initial inability is to be applied accordingly.
Jobsoftware assumes no liability for damages, claims or costs of any kind and for consequential, indirect, incidental, and indirect punitive damages, special or other damages and for claims or claims for damages for lost profits or losses, even if a representative of Jobsoftware has the possibility of such loss, damage, claim or expense, or claims of any third party.
The aforementioned restrictions and exclusions only apply to the extent permitted by applicable mandatory provisions of national law.
The entire liability of Jobsoftware and its suppliers under this agreement, whether in contract or in tort (including negligence), shall be limited to the amount paid for the CD-ROM.

Single User License

Job software grants the user the right to use a copy of the job software programs on a working memory of a computer (a single end device connected to a microcomputer or a single workstation of a computer or its replacement). The user is permitted to create working copies for his own use or to copy the programs to a hard disk.

Of the user acquires With this contract the Not exclusive Rights of Use for that each ordered program.

Each version ordered is to be used as a single-user license for one computer (PC).

In the event of a defect, theft, virus attack or loss of your computer or If the data carrier is lost, there is no entitlement or a free license. The license holder is responsible for data backups.

For Data security, as well as losses from the installed software, is the orderer of versions of products from job software, responsible.

property rights

This programs the program and data conception, Everyone in order to related Patents, copyrights, trademarks and the manuals supplied are the property of Jobsoftware. This Agreement does not transfer ownership of the Software or any in order to related property or exploitation rights on the acquirer of the programs transmitted.

other limitations

The purchaser may not rent or lease the software, he can exercise his rights from this job software license agreement Not transfer.

The software may not be reverse engineered, reverse engineered, or reverse assembled.

OFFER AND PRICES

Jobsoftware's offers are subject to change and non-binding. The information contained in brochures, advertisements, websites or similar media is non-binding and does not contain any assurance.
All prices include the statutory VAT as well as costs for transport and packaging.

RETURN

The ordered goods can only be returned if it is not a CD or DVD or another data carrier. This also applies in particular to downloads or products that are sent by email.

LICENSING

You will receive the serial number/s via email. The respective serial number/s will only be released after full payment of the ordered goods.

PAYMENT AND DEFAULT

The purchase price is due immediately with the order. Payment transaction costs (bank charges for international payments, cash on delivery charges, etc.) are generally borne by the buyer.
The buyer can pay the purchase price in advance, cash on delivery or using the credit cards listed on the website. The purchase price will be debited to the buyer's account immediately if payment is made by credit card. If the buyer is already a customer of application maker, delivery can also be made by invoice, provided there are no arrears from the business relationship. If the buyer defaults on payment, Jobsoftware entitled to demand interest on arrears at a rate of 8% (percent) above the base interest rate of the Discount Rate Transition Act per year. Dunning fees are charged at €5.50 each.

CONCLUSION OF CONTRACT

The contract is concluded when Jobsoftware accepts the customer order. The customer waives the receipt of a declaration of acceptance (§151 sentence 1 BGB).
The customer will be informed about the conclusion of the contract either by a confirmation from the application maker, but at the latest by the execution of the delivery of the ordered goods.

RIGHT OF WITHDRAWAL

Application maker products are delivered to natural persons, merchants, legal entities under public law or those who work on their behalf. The current version of the HGB §§ 377, §387 for merchants and legal entities under public law applies to the right of withdrawal.

DELIVERY AND PASSING OF RISK

Delivery is ex works, i.e. Jobsoftware's place of business, to the delivery address specified by the buyer. The risk is transferred to the buyer as soon as the delivery has been handed over to the company/person responsible for the shipment. This also applies if partial deliveries are made. The seller reserves the right to choose the type of shipment, unless a specific type of shipment has been agreed in writing with the customer in advance.

DELIVERY TIME

As a rule, the goods are handed over to the carrier after the payment modalities have been determined.
application maker however, reserves the right to make the delivery according to the expected performance of Jobsoftware software development.
This is understood to be subject to unforeseen circumstances and obstacles, regardless of whether these occur with job software or with the manufacturer, such as force majeure, government measures, non-issue of official permits, labor disputes of any kind, sabotage, shortage of raw materials, late delivery of materials through no fault of our own.
Such events extend the delivery date accordingly, even if they occur during a delay that has already occurred.
Should application maker are more than four weeks late with a delivery,
the customer can withdraw from the contract after a reasonable period of grace set in writing to the exclusion of further claims.
If the delivery delays last longer than six weeks, application maker is entitled to withdraw from the contract in whole or in part.

PRIVACY

Without the buyer's express consent, the buyer's data will only be used to process the order and stored within the framework of the business relationship.
The data will only be passed on to companies commissioned with the delivery to the extent that the order processing makes this necessary.
All stored data is treated as strictly confidential and not made accessible to third parties.

Payment method: Data protection regulations for PayPal as a payment method

The person responsible for processing has integrated PayPal components on this website. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. PayPal also offers the option of processing virtual payments via credit cards if a user does not have a PayPal account. A PayPal account is managed via an email address, which is why there is no classic account number. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also assumes trustee functions and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.à.rl & Cie. SCA, 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the data subject selects "PayPal" as the payment option during the ordering process in our online shop, the data of the data subject is automatically transmitted to PayPal. By selecting this payment option, the data subject agrees to the transfer of personal data required for payment processing.

The personal data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, mobile phone number or other data required for payment processing. Personal data related to the respective order are also required to process the purchase contract.

The transmission of the data is intended for payment processing and fraud prevention. The person responsible for processing will transmit personal data to PayPal in particular if there is a legitimate interest in the transmission. The personal data exchanged between PayPal and the person responsible for processing may be transmitted by PayPal to credit agencies. The purpose of this transmission is to check identity and creditworthiness.

PayPal may pass on the personal data to affiliated companies and service providers or subcontractors insofar as this is necessary to fulfill the contractual obligations or the data is to be processed in the order.

The data subject has the option of withdrawing their consent to the handling of personal data from PayPal at any time. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing.

PayPal's applicable data protection regulations can be found at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

GOVERNING LAW

The law of the Federal Republic of Germany applies to these terms and conditions and the business relationship between the application maker and the buyer.
Other national laws are precluded as well international sales laws.

FULFILLMENT AND JURISDICTION

The place of fulfillment is the headquarters of Jobsoftware.
The exclusive place of jurisdiction for all current and future claims arising from the business relationship with merchants is the registered office of Jobsoftware.

RESERVATION OF TITLE

job software retains ownership of the goods until all claims have been paid in full by the buyer.

SEVERABILITY

Should one or more provisions of this contract be wholly or partially legally invalid, this shall not affect the validity of the remaining provisions. The ineffective provisions shall be replaced retrospectively by a provision which is as similar in content as possible and which comes as close as possible to the purpose of the intended provision. These Terms and Conditions supersede any previous statement, representation, communication or advertisement relating to the Software.