General Terms and Conditions and License Terms
jemix GmbH, Alter Teichweg 25 22081 Hamburg
for the software “MacNulis”
(hereinafter referred to as software copy).
The purchase of the software “MacNulis” is subject to the following General Terms and Conditions and License Terms. The Licensee agrees to the following conditions in the event of a purchase of the software “MacNulis”. The offer is only for natural or legal persons or partnerships with legal capacity who, when purchasing the software, act in the exercise of their commercial or independent professional activity. The sale to private persons is excluded.
Article 1 Subject matter of the agreement
(1) The Licensor provides the Licensee with a software copy of the abovementioned software by making it publicly available via a digital communication network such as the internet, so that the Licensee can transfer the software copy from the Licensor’s server to the Licensee’s computer via the internet (download). The software copy comes with installation instructions that is transmitted together with the software.
(2) The software as well as the user manual and the installation instructions are protected by copyright.
The Licensor makes available for download software information as well as these General Terms and Conditions and License Terms. The software information includes a description in which the intended use and the operating conditions of the software are specified. The Licensor shall take precautions to permit printing of these documents and/or downloading to the Licensee’s computer prior to entering into this agreement.
Article 2 Purchase of the software MacNulis
The Licensee in a first step via the website www.macnulis.com obtains a trial version of the software. The trial version in principle corresponds to the full version but watermarks all printouts to indicate that such printouts were created with a trial version. The full range of functions can be activated by entering a code via a corresponding program function. To receive the activation code, the Licensee via the process provided on the website www.macnulis.com orders one or several licenses for the software. To do so, the Licensee selects the area “Shop” on our website MacNulis.com and chooses between an individual license and a team license for up to five computers by clicking on the respective field. On the next page, the Licensee enters his information. Fields marked with a red asterisk are required fields. The Licensee must confirm acknowledgement of the General Terms and Conditions. For payment, the Licensee may choose PayPal, direct debit, payment by credit card and purchase on account. All of these payment methods are provided by the payment service provider PayPal. For such, the additional terms and conditions of PayPal shall apply as provided. By clicking on “Buy now” the Licensee enters into a binding purchase contract.
The purchase contract is entered into directly between the Licensee and the Licensor.
After having entered into the purchase contract and after processing of payment, the Licensee shall receive the activation code from the Licensor via email.
Article 3 Scope of use
(1) With entering into the purchase contract and after payment of the purchase price, the Licensee shall receive a simple, transferable right, unlimited in terms of time, for the use of the software on the computers as limited by the number of licenses purchased (two computer for an individual license, up to ten for a team license). The computer may also be used by persons other than the Licensee. “Use” is any permanent or temporary copying of the software by means of saving, loading, running or displaying for the purpose of execution of the software and the processing of data contained in the software by means of the computer. The Licensee is also authorized to execute the cited actions for the purpose of monitoring and examination as well as for testing the software.
(2) The software copy may be changed or edited to the extent that such is required for the intended use, for the connection with other software and for any error correction. Additional changes or further editing are excluded. In particular, company names, trademarks, copyright notices and other notices regarding legal reservations must not be changed or deleted and must be adopted into the changed or edited version of the software changed according to paragraph 1.
(3) The decompilation of the software code is only permissible under the statutory limitations pursuant to Section 69e UrhG [German Copyright Act] and only if the Licensor does not provide the Licensee, despite having been prompted to do so beforehand, with the information required for establishing the interoperability. Any additional decompilations are excluded.
(4) The Licensee is authorized to make a backup copy from the software copy. To the extent that the software copy comes with a technical copy protection, the Licensee, if the downloaded software copy is damaged, is granted the right, against submission of an error report, to download a new software copy from the server of the Licensor.
Article 4 Transfer of the software copy
(1)The Licensee is authorized to transfer the software copy in its original state and as a whole together with a copy of this contract to a subsequent user. At the same time, the transfer of the software copy and contract constitute an offer of the Licensor to the sub-purchaser for the entering into an identical contract . The sub-purchaser declares his acceptance of such by installing and activating the software on his computer. The Licensee can deactivate the activation codes via a corresponding program function. In doing so, the installed software can from then on only be used as a trial version. The activation codes may then be used to activate the software on another computer.
(2) With the transfer of the activation codes, the authorization for use pursuant to Article 1 is transferred to the subsequent user who then replaces the Licensee in the sense of this contract. At the same time, the authorization for use of the original Licensee expires pursuant to Article 1.
(3) Paragraphs (1) to (2) also apply if such transfer consists in a temporary transfer that is free of charge.
Article 5 Other rights, data protection
(1) All further rights for the use and exploitation of the software copy remain reserved. In particular, the Licensee is not authorized to use the software copy and/or changed or edited versions of such on more than two computers at the same time. The exploitation rights of the Licensee in his own software developed or executed while using the abovementioned software as intended as well as all other work results obtained as a result of using the software remain unaffected.
(2) Leasing of the software copy or parts thereof is expressly prohibited.
(3) Whenever a new version of the software is available, the Licensee has the right to purchase the software copy in the new version via a corresponding program function. When exercising this right, the software copy of the new version replaces the previously use software copy. The license agreement is rewritten to reflect the new software copy, however, remains the same as far as content.
(4) The Licensee agrees to the storage of his identification data by the Licensor and that such data is included in the customer database of the Licensor. Details regarding the storing and use of such data can be deduced from the separate data privacy statement. The Licensee declares to have acknowledged the content of the data privacy statement.
Article 6 Warranty
(1) It is pointed out that it is not possible to develop software in such a way that it is free of defects for all conditions of software use. The Licensor warrants that the software copy to be used in the sense of the program description issued by him and valid at the time the software was licensed to the Licensee is suitable.If the software copy proves to be unsuitable for use within the meaning of paragraph (1) within a one-year warranty period, which begins with the sending of the activation codes, the Licensee has the right to contact the Licensor’s support (by email: [email protected]) so that the parties to the contract can jointly search for a solution. If the Licensor does not succeed in producing the usability with reasonable effort and within a reasonable period of time, the Licensee shall have the right, at his discretion, to reduce the license fee or return the software copy to receive a refund the license fee. Any additional copies on data carriers of the Licensee must be deleted or destroyed immediately. This also applies to backup copies.
(2) There is no additional warranty obligation. In particular, there is no guarantee that the software meets the special requirements of the Licensee. The Licensee is solely responsible for choosing, installing and using the software as well as for any intended results from such. Furthermore, there is no warranty for versions of the software copy that were changed or edited pursuant to Article 1 paragraph (2) unless it can be demonstrated that existing defects are not connected in any way to the changed or edits made.
Article 7 Liability
(1) Irrespective of the legal basis, each party to the contract shall only be liable for damage caused by a culpable breach of an essential contractual obligation, namely an obligation the breach of which endangers the achievement of the purpose of the contract and/or the fulfilment of which is essential for the proper performance of the contract and on which the contractual partner may regularly rely (cardinal obligation). Liability is limited to damage typical for the contract, the occurrence of which each contractual partner had to expect at the time of entering into the contract due to the circumstances known to him at that time).
(2) The Licensor shall only be liable for the loss of data and its recovery if the loss could not have been avoided by appropriate data backup measures on the part of the Licensee.
(3) The limitations of liability stated in paragraphs (1) and (2) shall not apply to damage based on intent or gross negligence, to damage resulting from injury to life, limb or health and to any claims based on the Product Liability Act.
Article 8 Written form clause
Changes or additions to these General Terms and Conditions and License Terms must be made in writing. Should invalid provisions of this agreement be invalid, this does not affect the validity of the remaining provisions of this agreement.
Article 9 Applicable law and jurisdiction
(1) The laws of the Federal Republic of Germany apply for this agreement while excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) Place of jurisdiction for all disputes arising from this agreement is Berlin (Germany).