|
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
|