(1) The following contractual terms and conditions of weltfern UG (hereinafter "Licensor") for the acquisition of the right to use the software, in detail the online portal augmentable.online ("Product") apply to all contractual relationships with customers (hereinafter "Licensee") in connection with the transfer of the online portal or the software program for use ("Software License") and are considered an integral part of the contract, unless otherwise agreed in writing in an individual agreement between the Licensor and the customer.
(2) Any general terms and conditions of a Licensee that deviate from, conflict with or supplement these General Terms and Conditions Software License shall only become part of the contract if and to the extent that the Licensor has expressly consented to their application in writing. This requirement of consent shall apply in any case, in particular also if the Licensor performs a delivery or service to the Licensee without reservation in the knowledge of the Licensee's General Terms and Conditions.
(1) The Licensor shall provide the Customer with the software program designated in the order confirmation ("Contract Software") for contractual, unlimited use under the terms and conditions of this GTC Software License. The Licensor shall transfer the Contract Software by any access via any technically possible media (such as PC or smartphone) and via the possibility of electronic transmission by means of any possible online access. The Customer shall also receive electronic documentation (e.g. operating instructions, help files, online help, other technical information and documents) by this means.
(2) The use of the online portal shall be governed exclusively by these General Terms and Conditions of Use and, in addition, by the contractual and/or business terms and conditions agreed individually between the Licensee and the Licensor.
(3) If the Contract Software is provided by download ("Local Version"), the Licensor shall endeavor to ensure the availability of the Contract Software on a server for download by the Customer during the Licensor's general business hours.
(4) The documentation of the Contract Software describes in detail which functions and services can be achieved by the Contract Software when used in accordance with the contract ("Performance Description"). For the agreed quality of the contractual software as well as the intended use, only the respective performance description shall be authoritative in this respect. Public statements, recommendations or advertising shall not constitute a description of the quality of the Contract Software.
(5) The services of the Licensor within the scope of software licenses do not include software installation, any user support such as customer-specific adaptations ("customizing"), training, configuration, nor any other consulting or work services beyond the leasing of the contractual software. Support services and other services going beyond the provision of the software programs and software maintenance shall be provided by the Licensor in accordance with the contractual terms and conditions for software maintenance and/or services.
(6) The services of the Licensor within the scope of software licenses do not include software installation, any user support such as customer-specific adaptations ("customizing"), training, configuration, nor any other consulting or work services beyond the leasing of the contractual software. Support services and other services going beyond the provision of the software programs and software maintenance shall be provided by the Licensor in accordance with the contractual terms and conditions for software maintenance and/or services.
(1) The amount of the remuneration owed for licensing of the Contract Software ("License Fee") results from the order confirmation or from the contract and / or business conditions individually agreed between the Licensee and the Licensor.
(2) The user and the licensor agree that declarations of intent in connection with the existing contractual relationship can be made via the Internet on the platform of the online portal augmentable.online.
(3) Registration in the online portal eliminates the need for paper invoices and correspondence. The user receives a one-time or regular e-mail together with the invoice via the digital channels.
(4) The user is also obligated to keep his e-mail address specified in the online portal or an alternative address intended for electronic correspondence ready for receipt at all times for updates and payment transactions and to regularly check the incoming e-mail via this address.
(5) The right to use the software provided is granted until the license fee has been paid in full in each case, subject to withdrawal.
(1) The Licensor grants the Customer a non-exclusive right of use, limited to an individual period of time, to the Contractual Objects for single and multi-user use ("Account"), but only for the country of destination agreed between the parties in which the Contractual Objects are to be used. In the absence of an express agreement, the right of use shall be granted exclusively for the country in which the Customer has its place of business. This right of use may only be used on the network for which it was acquired and only on the number of workstations for which a license exists.
(2) The customer is entitled to either install and/or use the software online in accordance with the number of user licenses purchased by him (depending on the contract and technical access). Simultaneous use of the software beyond the agreed scope is not permitted.
(1) The authorization to use the online portal ends 364 days after the day after the simple conclusion of the contract. Contractual rules that deviate from this result from the individual order confirmation or from the contractual and / or business terms and conditions individually agreed between the Licensee and the Licensor.
(2) Access to the online portal is automatically blocked if the user enters the password incorrectly five times in a row.
(3) The Licensor reserves the right to deactivate the Online Portal if it has not been used for a disproportionately long period of time (more than one year or more than twelve months).
(4) In the event of suspected misuse, at the user's request or for security reasons, the licensor may block access to the online portal. The user must be informed of this.
(1) The user must provide his company or personal e-mail address or his name in order to be authorized to use the service.
(2) The user is obliged to keep his access data (username and password) protected from access by unauthorized third parties.
(3) The user must check all data entered by him for completeness and correctness. If these are not correct, e.g. because erroneous information has been entered, this must be reported to the Licensor immediately.
(4) The invoices issued by the Licensor are to be checked by the User without delay. Should anything not be in accordance with the Licensee's approval, the Licensor must be informed immediately. Claims arising from this shall become statute-barred after three months in accordance with statutory regulations or in the inter-contractual relationship between the parties, if this has not been regulated otherwise.
(5) The Licensor must be notified immediately of any change to the existing e-mail address. If this is not done, the licensor cannot derive any claims from the omission.
(6) The user must ensure at all times that the data transmitted to him by the licensor within the scope of the use of the online portal is ready to be received and must inspect and take note of this data at intervals customary for the business.
(7) The User shall ensure that the consent to the processing of personal data of the persons or the company whose data is used for the use of the product has been obtained.
(1) Each party bears its transmission risk and is liable for damages caused by faulty transmission. For damages caused by unauthorized use or any other misuse of the password and / or user name, liability of the licensor is excluded. Furthermore, the licensor is not liable for damages caused by incorrect input of information or submission of declarations of intent by the user.
(2) The Licensor is not liable for digital objects created by the Licensee that have been modified in use with the Software if the damage was caused by incorrect, improper or inexperienced use of the Software. In any case, the user is encouraged to make backup copies of all his digital property before using the licensor's software, because in this case the licensor exercises his contractual right to exclude liability.
(3) The licensee is not liable for the usability of the performance of Internet or service providers, nor for the content of Internet sites linked to the online portal.
(4) The Licensor shall only be liable, irrespective of the legal basis, if a damage
a. has been caused by a culpable breach of an essential obligation (essential obligations are those whose fulfillment characterizes the online or software usage relationship and on which the user may rely) or
b. is due to gross negligence or intent.
(5) If the Licensor is liable for the breach of a material obligation without gross negligence or intent, the liability shall be limited to the foreseeable, typically occurring damage.
(6) The limitation of liability shall apply to persons within the meaning of Section 310 (1) of the German Civil Code (BGB) in the same way for damage caused by gross negligence on the part of employees, workers and staff of the Licensor who are not legal representatives or officers, the vicarious agents of the Licensor or their employees, workers and staff.
(7) In the aforementioned cases, the Licensor shall not be liable for indirect damages, consequential harm caused by a defect or loss of profit, unless a case of para. 4 (b) applies.
(8) Insofar as liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of the Licensor's employees, workers, staff and legal representatives as well as vicarious agents of the Licensor and their employees, workers, staff and legal representatives.
(9) The above exclusions and limitations of liability do not apply to damage to life, limb or health.
(1) The user is responsible for keeping the access data to the online portal (user name and password) secret. If third parties gain knowledge of this, the user must inform the licensor immediately.
(2) The data transfer takes place via secure SSL encryption, a technically compatible browser is therefore an application requirement for the use of the online portal or the software.
§9 Termination of contract
(1) At the end of the contract term, the support of the purchased version of the software or the authorized access to the online portal also ends. This also ends the right to updates and bug fixes, unless the customer upgrades to a software version supported at that time. If there is no valid software maintenance contract at this time, the new software version must be purchased again for a fee.
(2) If the license agreement is terminated, the right to updates and bug fixes expires, unless the licensee purchases an online use or software use license.
§10 Other arrangements
The remaining provisions of the contractual relationship shall remain unaffected by the above conditions and shall continue to apply. In particular, the contractual terms and conditions agreed with the user shall apply.
Information on data protection can be found at URL https://www.weltfern.com/privacy-agreement-augmentable
§12 Final provisions
(1) The relations between the Licensor and the Licensee shall be governed exclusively by the laws of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Contractor's place of business.
(3) Insofar as the individual contract concluded in this context or these General Terms and Conditions contain loopholes, those legally effective provisions shall be deemed to have been agreed to fill these loopholes which the contracting parties would have agreed to in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions.
(4) The place of jurisdiction is Hamburg. The same shall apply if the Licensee does not have a general place of jurisdiction in Germany or if the Licensee's place of residence or habitual abode is unknown at the time the action is brought.