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  General Terms and Conditions

The following General Terms and Conditions of Uhrzeit.org GmbH (limited company), Straße des Friedens 1, 17493 Greifswald, Germany (hereinafter «the Company») govern all legal relationships between Uhrzeit.org GmbH and its customers (hereinafter «the Customer») concerning the Software AtomicClock (hereinafter «the Software») unless mandatory legal provisions or an individual written agreement provides otherwise.

The Customer expressly waives the applicability of his own general terms and conditions.

1.   Grant of a licence Unless otherwise specified, the grant of a licence for the use of the Software distributed by the Company is non-exclusive.  Each licence granted is valid for the number of workstations or servers stated on the license. In no event whatsoever shall the Software (or copies thereof) be configured to be usable on more than the number of machines stated. However, the Software might be stored on additional machines for back-up purposes only.

2.   Ownership The grant of a licence does not give to the Customer any title or ownership right to the licensed software. The Customer shall not decompile, disassemble, reverse-engineer, or modify the licensed software in any way.

3. Price and Payment Terms All Prices displayed on the Website www.uhrzeit.org or www.atomicclock.org.uk already include the German Value Added Tax (VAT) of presently 16%, which has to be paid by the English customer instead of the English VAT.

All amounts due shall be paid by the Customer in the currency specified on the invoice (presently Euro), through wire transfer, to the Company's bank account in Germany, which is specified in the fulfilment confirmation. Any banking fee in connection with the wire transfer shall be borne by the Customer. The payment has to be done in advance. The Software is delivered by email as soon as the payment is booked to the companies’ bank account (normally after 3 to 5 days).

4.   Warranty and performance The Company makes no warranty, express or implied, concerning any licensed software, including, without limitation, that the software is merchantable or fit for a particular use. The software is provided "AS IS" and is neither warranted nor expected to be free of errors.

The Company may, at its sole discretion, create upgrades and updates to correct errors. Such upgrades and updates shall be subject to the terms and conditions of the contract.

5.   Limitation of liability
The Company has no ascendancy on the time server therefore it can not be liable for the correctness of the signal. In addition to the possibility of a wrong signal there could be smaller or bigger corruption of the time signal caused by a slow internet connection.

The Company and its representatives shall under no circumstances be liable to the Customer, in tort or contract, for economic, consequential or indirect damages of any kind, including but not limited to loss of profits, loss of use, loss of data or interruption of business, arising out of or in connection with the use of the licensed software or otherwise, even if advised of the possibility of such damages.

The licensed software shall not be used for any purpose that is unlawful or that is in connection with high-risk activities in which the failure of the licensed software could lead to death, personal injury, or severe physical or environmental damage.

6. Copyright All softwares are copyrighted and protected by national copyright laws and international treaty provisions. The Customer agrees to prevent any unauthorised copying of the licensed software. The Customer shall not remove or obscure any copyright notice or other proprietary notices from the licensed software.

7.   Severability These general terms and conditions are declared to be severable. If any term or provision in these general terms and conditions shall for any reason be held to be invalid or unenforceable, the remaining terms and conditions shall be valid and enforceable. The parties shall use good faith to negotiate a substitute, valid, and enforceable provision, which most nearly reflects the original contract. These general terms and conditions and any rights or obligations of the parties shall be governed and construed in accordance with the laws of Germany.

8.  Exclusive jurisdiction Any dispute arising with respect to or in connection with these general terms and conditions or with any contract concluded between the Company and the Customer shall be submitted to the exclusive jurisdiction of the Courts of Greifswald (Brandenburg), Germany, unless a private customer buys the Software.

Greifswald, 1. September 2003

 

 

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