Instruction to Right to Revocation
Right to Revocation
You will have a legal "cooling off period" during which you may revoke
your order for any reason without statements of reason. This period is
up to two weeks and commences not earlier than the delivery of this
instruction. In case of delivery of a physical product this period
starts with delivery of the product.The right to revocation will be
treated as exercised on the date of posting the notice of revocation or
the date of dispatching the returned product. All revocation notices
must be in textform and have to be addressed to our
contact address.
Legal Consequences
If you exercise the above right to revocation, you are required to
return the relevant products to us including fruits thereof and we are
required to reimburse your prepayments including fruits thereof (e.g.
interests). If you are not able to return the products or if the
products are defective, you are required to pay compensation. This does
not apply to products, which deterioration is due solely to the
inspection of the products - like you would do it in shops. You may
prevent yourself from having to pay compensation for damaged products,
if you do not make use of the products in your possesion and if you
take reasonable care of the products in your possesion. You have to
bear the costs of returning the products, unless your order has a value
of more than 40 Eur. In case your order has a value of more than 40
Eur, we will only bear the costs of returning the products, if you had
already made payment or part contractual part payments by the time of
revocation. Where wrong products have been delivered to you, we will
bear the costs of returning the products regardless of the value of
your order. Any compensation payments for damaged products have to be
made by you within 30 days after you have given your declaration of
revocation.
The product must be returned to the return address stated on the
delivery note that was accompanied with the product.
After delivery of a license code for use of our software as full
version, revocation is only possible, if no criterion for exclusion
according to § 312 d Section
4 Number 1 German Civil Code (BGB) applies. Use of the license code is
considered unsealing in the sense of this law.
End of Instruction to Right to
Revocation
Terms and Conditions
The
supplies, services and
offerings of
Freiwald Software, Kreuzberg 16 B in
D-85658 Egmating
(in the
following Freiwald
Software) are carried out according to the following terms and
conditions. Contractor's
acknowledgements referring to his own
terms and conditions are hereby rejected and will not be recognised.
Subject
of Agreement
These
terms and conditions ("Conditions")
apply to all agreements, that are concluded between you, the
purchaser (references to "you" or "your" being construed accordingly)
and
Freiwald Software (references to "us", "we" or "our" being
construed accordingly), with regard
to the purchase of our Software or Hardware products ("Products").
Conclusion
of the Contract
Any prices, quotations and descriptions made or referred to on the web
site of Freiwald Software do not
constitute an offer
and may be withdrawn or revised at any time prior to our expressed
acceptance of your order. While we make every effort to ensure that
items supplied by us are available, we cannot guarantee that all items
are in stock. We may reject your order (without liability) if we are
unable to process or fulfil it. If this is the case, we will refund any
prior payment that you have made for that item. An order submitted by
you constitutes an offer by you to us to purchase Products on these
Conditions and is subject to our subsequent acceptance. Prior to such
acceptance, an automatic e-mail acknowledgement of your order may be
generated. The purpose of this acknowledgement is giving you the chance
to confirm your order details or to correct type errors. Please note
that any such automatic acknowledgement does not constitute a formal
acceptance of your order. Our acceptance of your order takes effect and
the contract concluded at the point where such offer is expressly
accepted by us dispatching your order.
The following applies to our
software products: Freiwald Software provides trial versions
of their software for download on their Internet server or on CD ROM.
Freiwald
Software allows use of the software for trial purposes according to the
terms
and conditions outlined below. This permission expires automatically,
if the
conditions of this agreement are violated. You commit to delete all
copies of the software and documentation in case of termination or
cancellation
of this contract. It is explicitly not permitted, to bypass the
limitation of
the trial versions. By filling and sending the order form to
Freiwald Software and acceptance of the order by Freiwald Software a
contract
between Freiwald Software and you is concluded regarding purchase of
the license to use the software as full version. After receiving the
payment
Freiwald Software sends the license code to you. The license code
enables you to use the software as full version according to the
conditions outlined below.
Freiwald
Software reserves the right to deny
acceptance of orders. In such case the purchaser gets
a
refund of
his payment, charges, that are customary in banking, to be deducted
from the
refund.
Prices and Terms of Payment
Prices payable for Products are those in effect at the time of order
received, unless otherwise expressly agreed. Prices may be indicated on
the web site of Freiwald Software, but the authoritative price in the
event of any discrepancy, is the price that is notified to you on the
order acknowledgement.
Copyright
This software is protected by copyright law and
international copyright treaties, as well as other intellectual
property laws
and treaties. The software is licensed, not sold. You agree, that
Freiwald Software keeps all copyrights of the software and included
documentation. You do not acquire any other rights with regard to the
software than the rights explicitly expressed here.
In no case you may change the program files delivered
as part of this software. This applies especially to the executable
files with
the suffix .EXE or .DLL. You may make exact copies of the original
software and
documentation for your personal use. It is not allowed to give copies
of the
software to anyone or to distribute the software and documentation via
electronic means without the prior permission of Freiwald Software.
Terms of Use as trial Version
You may use our software for trial
purposes. The period of unlicensed use is set to 30 days of actual use.
If you would like to use the software after this period a license is to
be
purchased.
The trial version of our software may be functionally limited compared
to the full version.
Additionally the trial version of the software shows the registration
notice at
the beginning of the program. Entering a valid license code into the
software
or taking any measures to bypass the above limitations establishes use
of the
software as full version and the appropriate price for use as full
version becomes due.
Terms of Use as full Version
For full
use of our software a license fee is due. By purchasing a license for
full use of the
software you receive the right to use the software without the
limitations, that apply to the use as trial version. Change from the
trial
version to the full version is done by entering a valid and registered
license
code into the software. This license code is received after purchase of
a
license for full use of the software. It is allowed to enter the same
license
code on different computers. But it is not allowed to execute the
software on
different computers at the same time with the same license code.
The license code is at Freiwald
Software’s option provided as text, which must be entered into the
software with the keyboard of the computer, or as hardware device,
which must be plugged in into the computer, while the software is
running.
You are not entitled to
replacement
in case of loss of the license code. License codes are only a technical
aid to enforce appropriate use of the license. A license code does not establish a license
by itself.
License
codes
may only be used to practise the license rights, if
they are registered to your name. This is automatically the case, if
the license code was purchased directly from Freiwald Software. In such
case a
separate registration of the license code is not required.
If you acquire
ownership of a license code from a dealer or another third party, then
the
license code must not be used, until the code has been registered by
Freiwald
Software to your name and after you have received
a confirmation from Freiwald Software about this
registration. Without such confirmation it is not allowed to enter the
license
code into the software. The registration may be done informally, e.g.
by email. It is permitted to transfer license rights to other persons.
For such transfer the explicit and written consent of the former
licensee not to exercise his license rights any further and to be
willing to transfer the rights to you is required. This statement can
be made by the previous licensee directly to Freiwald Software prior to
transfer of the license, or it can be solicited by you from the former
licensee and passed to Freiwald Software during registration of the
license to your name. The transfer of the license from the
former licensee to you becomes effective, when we have commited
reception of the above mentioned statement and when the related license
code has been registered to the name of the new licensee.
Use of our Software for commercial Purposes
All terms of use as full version contained in the previous section
apply also to the use of our software for commercial purposes.
Furthermore the following terms apply: if our software is used for
commercial purposes for more than 30 not necessarily successional days
per year, then a license for commercial purposes is required. Licenses
for commercial purposes can only be obtained by contacting Freiwald
Software directly via the published contact address. Freiwald
Software reserves the right to fix specific prices for commercial use
on an individual basis, which are different from the generally
published prices.
Upgrades of our Software
License
codes are only
valid for the particular version of the software, which they have been
purchased for. The use of a consecutive version may require a new
license. Such license is called upgrade license. Upgrade
licenses
complement the existing licenses of the previous version to a valid
license of
the consecutive version. Thus the combination of a license for a
previous
version with an upgrade license for a consecutive version represents a
license
for this consecutive version. This combination can be later used as a
base to
upgrade to an additional consecutive version and so on. If a license is
represented by a combination of a license for a previous version with
one or
more upgrade licenses, then this combined license may be only used for
the
related version of the software, if the purchaser still owns all
sub-licenses of
this combination. If at least one sub-license of such combination is
transferred to another person, then the license formerly represented by
the
combination becomes invalid and the related version of the software
must not be
used anymore.
Support Period
During the support period the purchaser is entitled to access the
program files, which are required to install the licensed program. For
this purpose Freiwald Software provides the purchaser with the
possibility to download the related program files from our Internet
site free of charge. Freiwald Software reserves the
right to replace the program files during the support period by files,
which belong to a subsequent version of the program. In particular
there is no claim to access the program files of the exact same version, that
has been valid at the time of purchase.
Freiwald Software also reserves the right for technical changes in subsequent
versions of the program, in particular to add, change or remove existing functionality.
The support period begins at the date of delivery of the license code
to the purchaser and ends one year later. We recommend to create a
backup copy of your program files, before the support period ends.
If it is desired to conserve the exact functionality of the purchased program version
we recommend to create a backup copy of the program files of that version.
Illegal Use of our Software
Our software is used illegally in all cases
that violate the terms and conditions outlined above. The use of the
software
is especially illegal if a license code has been applied, that has not
been
registered by Freiwald Software to the name of the purchaser. In case
of
illegal use the fee of the license to use the particular software
program becomes due.
If you are in doubt, whether a
certain
license code entitles for legal use of the software or not, then you
are
obliged to contact Freiwald Software and to request the commitment,
that the
license is valid, prior to use of the license code. This applies
especially to
all cases, where you obtain the license code from a third party or not
from
Freiwald Software or an authorised dealer. Contacting does not require
a
special form or procedure; it can be done e.g. by email.
If you combine an upgrade
license with a
license for a previous version to a license for this version, then you
are
obliged to ensure, that you own all sub-licenses of this combination
and that
none of them has been transferred to other persons. You are also
obliged to
ensure, that all license codes contained in this combination are
registered by
Freiwald Software to your name.
Freiwald
Software reserves the right to prosecute
illegal use of the software and to take technical measures that help to
prevent
the software from being used illegally any further. In this case it
does not
matter, whether the illegal use persists at the time of disclosure or
whether it
has been terminated before. Especially Freiwald Software reserves the
right, to
lock the execution of all Railroad & Co.™
products on
computers, where illegal or non-authorised codes are detected. This
lock may
persist, until these codes are removed from the
affected computer. Removal of such codes usually requires technical
support of
Freiwald Software. Freiwald Software reserves the right to charge an
appropriate fee for this support.
Limited Warranty
You acknowledge the factor, that
according to the current state of the art it is not possible to create
software, that works without errors in all applications and
combinations,
especially in conjunctions with various hardware components. Freiwald
Software
warrants that all products will perform substantially in accordance
with the
accompanying documentation material.
Customer Remedies
If the product does not conform to the
limited warranty in the Section above ("Limited Warranty"), our entire
liability and your sole remedy shall be, at our
option, either to (a) correct the error or (b) help you work around or
avoid
the error. The Limited Warranty is void if failure of the product has
resulted
from accident, abuse, or misapplication.
Confidentiality
Both
parties agree to protect confidential
information, including all license codes of the software, faithfully
against
unauthorised disclosure and use in the same way as own private
information.
Updates of Software
For updates of the software provided by
Freiwald Software the terms and conditions of this contract apply
accordingly. You are not eligible to be provided with gratis updates.
Place of jurisdiction, choice of law
1.The place of jurisdiction for commercial dealers, legal persons and public-law entities is Munich.
This place of jurisdiction is not exclusive.
2.The law of the Federal Republic of Germany applies;
the validity of United Nations Convention on Contracts for the International Sale of Goods is excluded.
No Liability For
Consequential Damages.
IN NO EVENT SHALL
FREIWALD SOFTWARE BE LIABLE TO
YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF
ANY KIND
ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE PRODUCTS, EVEN
IF FREIWALD SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM, WHETHER IN
CONTRACT, TORT OR ANY OTHER
THEORY OF LIABILITY, EXCEED THE PURCHASE PRICE PAID BY YOU, IF ANY. ANY
LIABILITY OF FREIWALD SOFTWARE WILL BE LIMITED EXCLUSIVELY TO PRODUCT
REPLACEMENT OR
REFUND OF PURCHASE PRICE.
Severability
In the
event of invalidity of any provision of this
license, the parties agree that such invalidity shall not affect the
validity
of the remaining portions of this license.
Egmating, April 15, 2013
End of the Terms and Conditions