Legal Notice

 

Imprint

This internet service is published by the combit Software GmbH. All sites are subject to copyright protection. No copies or abstracts may be made of the material provided on these sites without prior authorization by combit. Same applies for the integration into other services. All rights reserved. Please read our notes on data protection. Changes and errors may occur.

All specifications concerning products, services and any other written notices are descriptive only and do not constitute any guarantees regarding the condition of the products. In case of of other products mentioned on these sites there may be variational releases. We therefore recommend to test with our free trial versions to avoid problems.

combit is a registered trademark of combit Software GmbH. All product names, descriptions and logos are trademarks, registered trademarks or property of their respective owners.

The links in certain areas of the combit website will let you leave combit's site. The linked sites are not under the control of combit. combit is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. combit is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by combit of the according site.


combit.net, copyright © 1996-2014 by

combit Software GmbH
Untere Laube 30
78462 Konstanz
Germany
T +49 (0) 7531 90 60 10
T +1 800 256 3608 (toll-free in the US)
F +49 (0) 7531 90 60 18

www.combit.net

Managing directors:
Bjoern Eggstein 
Jochen Bartlau 
Brita Dannenmann 

Commercial Register: Municipal Court Freiburg HRB 380959

VAT Reg.No. according to § 27 a German Sales Tax Act: DE 142311808

Privacy Statement

The protection of your privacy is very important for you. That's why we place great importance on data protection and take appropriate security measures to protect your data against unauthorized access. With this declaration we'd like to inform you about our measures concerning information security as well as which data we collect and how we use it.


Secure Connection

You can visit our sites using a secure connection. A secure connection allows a secure data exchange (SSL) between your local system and our internet server. Our internet server has been certified by VeriSign, one of the world's leading global certificate authorities. VeriSign and we make every effort to ensure the protection of your data.

We handle your data with great care, but it is not possible to guarantee that no unauthorized access will occur within an internet connection even when using encryption.


Security Takes Time

A secure connection is slower than a normal connection. Not all browser types are capable of supporting secure connections. To figure out whether your browser is able to support secure connections, please have a look at the corresponding (online) documentation. If any additional questions arise, please turn to the developer of your browser.


Questions Regarding the Secure Connection

We would be happy to answer any questions which may arise regarding the secure connection with our websites.
 
T +49 (0) 7531 906010


Your Data and Information Automatically Collected Information

The combit website collects limited non-personally identifying information your browser makes available whenever you visit a website. This log information includes your internet protocol (IP)address , your browser type, date and time of your query and address of the site you entered our website from. We collect and use this information to operate, develop and improve our website contents and services for you. Of course, if necessary, we reserve the right to use this data for law enforcement purposes.


Personal Data

For certain services, such as for example payment transactions or providing service-packs online we may request personal data such as address details, email address, serial number of your combit product, credit card data or other payment information. Using all these pieces of personal data requires that you assigned us accordingly and thereby allowed us to do so. We hope this will help you make an informed decision about sharing your personal information with us.


Information Sharing

We provide such information to trusted businesses for the purpose of processing services for us. This could be for website hosting, logistical purposes as creating, packaging and sending of products, product information, newsletters or the instruction to a bank to process credit card payments for us. These businesses receive only the information required for these processes. In correspondence with the data protection act those parties are obliged to process such information only on our instructions and in compliance with this Privacy Policy.


Disclosure

It may be necessary to externalize your personal data when we are required to do so by law or have a good reason to belief that access, preservation and disclosure is necessary in any of the following limited circumstances:

  1. Compliance to the law or defense of claims against us or our website
  2. To protect the property of combit and its websites or
  3. To protect the rights or safety of combit employees, customers of our products and services or the public.

Control over your Personal Data

Apart from in the circumstances mentioned above, we do not rent or sell personally identifying information that you provided on our website to other companies or individuals unless we have your consent. If you agree, we will inform you by email about new versions, new products and special offers. Printed information would reach you less often and with delay. You can always cancel our information service. However if you you are a customer meaning that you have purchased a combit product we assume that independent from the option to take part in our information service or newsletter, you would want to receive important information about the product you are using very few times per year. We consider it important to inform you, for example, when a new version of your product is available. This absolutely basic product information begins as soon as you have given us your email address as a customer who is using a combit product.


Conversion Tracking

We use a conversion tracking method to monitor the success of our Google AdWords campaign. This will add a cookie to your computer when ever you access our site via a Google ad. This cookie delivers a response whether you have downloaded a trial from our site or not. As per Google this cookie expires in 30 days, and Google does not track personally identifying information. Google informs the use of separate servers for conversion tracking and search results, which protects your privacy. If you don't wish to participate in tracking activities you can easily reject this cookie by setting your Internet browser user preferences accordingly.


Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States .

In case IP-anonymisation is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transfered to a Google server in the USA and truncated there. The IP-anonymisation is active on this website.

Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage.

The IP-address, that your Browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser: tools.google.com/dlpage/gaoptout?hl=en. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.


In addition, this website uses Optimizely, a range of website analytics services for A/B and multivariate testing purposes provided by Optimizely, Inc. This service uses cookies to identify a visitor's browser and track website usage while on this website. The cookies do not collect personal information about you. For more information on how Optimizely uses your data, please go to: www.optimizely.com/privacy You can opt out anytime by following the instruction at www.optimizely.com/opt_out


Facebook Social Plugins

Our website uses Social Plugins ("Plugins") from the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The Plugins can be recognized by the Facebook logo (a white "f" in a blue square, or a "thumbs up" or "like" sign) or are marked “Facebook Social Plugin”. You can view a list of Facebook Social Plugins and what they look like here: developers.facebook.com/plugins

Whenever you access a page on our website that contains a Plugin, your browser will connect directly with the Facebook server. The contents of the Plugin are transferred directly from Facebook to your browser, which then incorporates it into the website. Thus, we do not have any control over the volume of data that Facebook collects via this Plugin. The site www.facebook.com/help/?faq=17512 reflects our current state of knowledge:

By the integration of the Plugin, Facebook receives the information that you have accessed the corresponding page on our website. If you are logged in to your Facebook account, Facebook can match the visit specifically to your Facebook account. If you use the Plugins to interact - by clicking the 'like' button or entering a comment for instance, this information is transferred directly from your browser to Facebook, where it is stored. Even if you do not have a Facebook account, it is still possible for Facebook to identify and store your IP address.

The purpose and scope of data collection and the processing and use of such data by Facebook, as well as your rights and account privacy settings, are set out in Facebook's data protection provisions: www.facebook.com/policy.php

If you have a Facebook account but do not want Facebook to collect information about you via our website and to link this information with your account, you will need to log out of your facebook account before visiting our website.

You can also block Facebook Social Plugins by using add-ons for your browser, such as "Facebook Blocker".


Links to other Websites

Our website contains links to other sites which are not ours. We don't have any influence on the privacy practices or the contents of these sites. We include links to improve our services for you by making corresponding information accessable. Please be aware of the privacy practices of these sites. combit is not responsible for the use and the content of these sites.


Questions about this Privacy Policy?

If you have any additional questions regarding this privacy policy, please feel free to contact me!

Brita Dannenmann
Managing Director

T +49 (0) 7531 906010

Thank you for the confidence you place in us!

combit Software License Agreement

Please read carefully.
Issued 06/21/2010

It is in your best interest to produce backup copies regularly in order to avoid extensive damage due to the loss of data! Please also include the original software in the initial backup and keep this backup in a safe place together with the product license certificate.


1.Contractual basis

1.1 Preamble

1.1.1 The following provisions apply to all software products of combit Software GmbH (referred to as combit in the following). An up-to-date version of these license terms can be accessed at www.combit.net/en/license-agreement. In the absence of any deviating written agreements with combit, you consent to the content of these license terms by opening the sealed case and/or by clicking on the "agree" button during the installation and/or the signature of the attached registration card or the corresponding electronic form respectively. Every use of the combit software, which exceeds these regulations, requires the prior written consent of combit.

1.2 The combit software, including all further accompanying materials or documents, which will be placed at your disposal by combit regardless of the form (solid or immaterial), are protected by copyright. Unless otherwise expressly indicated, combit is exclusively entitled to all rights, particularly the copyright, trademark law and further ancillary copyrights.

1.1.3 combit software is not sold but licensed. You can only become proprietor of the data carrier and the packaging. By accepting these license terms combit grants you an unlimited, not exclusive license for the use of combit software in accordance with the provisions of this license agreement.

1.1.4 If you disagree with any provision of this agreement you may both neither continue with the installation nor run the combit software, pass it on or use it in any other way. In such a case we ask you to return the combit software with its packaging to the source of purchase and you will receive a full refund of the purchase price.


1.2 Definition of terms

1.2.1 "combit software" comprises all data processing programs and data, which are provided by combit as download or on data storage media. This also includes digitalized pictures, inventory photographs, clipart, audio and other artistic works, associated accompanying information (documentation) – also electronic versions, as well as character styles (fonts). The term "combit software" further comprises all upgrades, patches, modified versions, updates and/or extensions of the combit software.

1.2.2 The term "use" generally means the access, installation, download, copying, duplication, usage, playing and any other usage of the functions of the combit software.

1.2.3 "Personal, user dependent software license" means that a number of licenses must be purchased, which corresponds to the number of users/developers.

1.2.4 "Upgrade" describes a new product version of a combit software. This new product version may contain new functions and/or error corrections.

1.2.5 "Upgrade"also describes an extension of the software license. This could e.g. be an upgrade from one to several users or from the standard to the enterprise edition.

1.2.6 The term "computer network" refers to an open or closed, permanent server/client network consisting of at least one central computer (server) and several computers (clients), which are capable of communicating and exchanging data among each other. The term „computer network" also describes a permanent connection of computers to a closed network without a central computer, which saves and administers network data/applications (peer-to-peer network, cloud computing).

1.2.7 "Developer" is every person who participates in the production process of a software product or in the implementation of a software project and who has the possibility to work with the combit software and/or profits from its functionalities in the production process or the implementation.

1.2.8 A "product" is every asset, which is developed by you in a value-added process, particularly software, which is programmed by you.

1.2.9 The term "project" describes a plan to reach a specific goal and which is characterized by the fact that it is primarily a one-time project. This applies in particular to software projects at your or your customer’s business.

1.2.10 "Encapsulation" means to hide data or information in order to prevent external access, which is done by incorporating one or several runtime libraries in a customer’s new file.

1.2.11 A "server application" is an application or a service, which is capable of being launched or used on one computer by another computer. A server application refers in particular to web server and in-house intranet server.


2.Content of the services

2.1 General terms of use

2.1.1 combit grants you a personal, non-exclusive right of use of combit software including its documentation. The software license granted to the customer is user-dependent and personal. If combit software is purchased by a legal entity, a person must be designated within the organization to have the sole right to use the software. The granting of sub-licenses is not permissible.

2.1.2 You may install and use copies of combit software up to the agreed and permissible number on one computer and the permissible number of computers respectively. If you switch to a different computer, you are obligated to delete combit software completely from the previous computer if the permissible number of users is otherwise exceeded.

2.1.3 If a rotational backup of the complete data base including combit software is required for data security reasons or in order to assure a quick reactivation of the computer after a total breakdown you are allowed to make as many backup copies as absolutely necessary. The respective data carriers are to be marked adequately and may only be used for archival purposes.

2.1.4 The generation of further copies of combit software is not permitted.

2.1.5 You are obligated to prevent unauthorized third parties from accessing original data carriers, back up and further copies, license certificates and its content as well as the documentation of the combit software. The duty to comply with the license terms as well as the copyright of combit software is to be expressly pointed out to employees.


2.2 Multiple use and use within a network

2.2.1 It is not permitted to simultaneously store, retain and use more copies of combit software as licensed. If you - or several people - want to use combit software on multiple computers, you have to purchase the respective number of licenses of combit software.

2.2.2 You may install a copy of combit software on a computer, which is connected to a computer network in order to download and install the permitted number of combit software on other computers in the computer network. The number of developers/users, who have access to or use combit software may not exceed the permitted number; in the absence of any deviating entries in the product description, it is irrelevant for this number if the software is being used at the same time or at different times. Other terms shall only apply if a simultaneous access license is granted for certain products (e.g. address manager and combit Relationship Manager). In this case there is no limit as to the number of installed copies of the software; however, simultaneous use is only permitted in accordance with the number of purchased licenses.

2.2.3 Every other use of combit software within a computer network is not permitted. This includes direct use via commands, data or instructions from or to another computer, which is not part of the computer network, the use for Internet or application service provider or web hosting services or the use of the software by unauthorized developers/users. If combit software is used within a computer network you are obligated to prevent unauthorized use and use which exceeds the number of licenses of combit software by implementing adequate access regulations.

2.2.4 If combit grants a notebook license, it is a single user license in terms of content, which is sold at a reduced rate due to an existing basic license. The notebook license is only valid in combination with a basic license and does not increase the number of personalized users.

2.2.5 If the data medium contains software of third parties (e.g. MS SQL Express Edition) a use of this third-party software is only permitted if a license agreement is concluded with the third party developer.

2.2.6 The contractually designated right of use of combit software is granted upon full payment of the license/purchase price by the customer. Until complete payment combit reserves the right to transfer ownership. In order to protect the license, there are safeguards integrated in the combit software, which will to some extent transmit violations of the permitted number of users within the network.

2.2.7 In case the contract is reversed the customer is obligated to delete the original combit software and all copies including any modified copies as well as all provided written material. In this case, you are obliged to provide combit with a written notification confirming the deletion.

2.2.8 Even if various combit software products support third-party software for signature processes, combit explicitly indicates that it is neither a provider of signature software nor a certified provider of digital signatures.

2.2.9 combit reserves the right to make product modifications, which do not affect the software’s general operability.


2.3 Source code, decompiling and program modifications

2.3.1 The client will receive the combit software in the form of object code. The client will only be provided with technical program documentations, in particular the source code, if this is specified in the user documentation (development tools).

2.3.2 You commit yourself not to change, translate or alter the combit software. You also undertake to neither decompile the provided combit software nor to disassemble it or to carry out any further actions, which enable you to reveal the various manufacturing stages (reverse engineering) or to try to uncover the source code of combit software in any other way or to translate it into a generally readable form without prior written consent of combit.

2.3.3 Under no circumstances may copy protection mechanisms or any further protection routines, copyright mentions, serial numbers as well as other features necessary for the identification of the program be disabled or altered.


2.4 Upgrades

2.4.1 combit publishes upgrades for combit software at their own discretion. This will be made available to you for a license fee.

2.4.2 In order to be able to use upgrades you must be in possession of a valid license for the combit software. If the combit software is an upgrade of a previous version, you must be in possession of a valid license of this previous version of the combit software in order to be able to use the upgrade.

2.4.3 You may only upgrade combit software upon payment of a license fee and if you are already in possession of a valid license. Licenses for upgrades of combit software must be purchased according to the permissible number.

2.4.4 All upgrades will be made available to you on the basis of a license exchange. You accept that by using the upgrade you voluntarily renounce the right to use the previous version of the software. You confirm that all of combit’s obligations to support previous versions of the combit software are terminated after availability of the upgrade.


2.5 Development tools

2.5.1 If multiple developers work on a product/project for which combit software is used, each developer of the product/project must have his own license.

2.5.2 If multiple developers work on a product/project and if therefore multiple licenses are required, these licenses must all be of the same license type. This means that a parallel use of standard and e.g. professional or enterprise editions is not possible.

2.5.3 In the context of the development, it is not permitted to design a program or a module whose goal it is to be primarily used in print and/or primarily for the preparation/allocation of reports (such as label software, reporting programs, etc.) or which compete directly with combit software.

2.5.4 You have the right to reproduce or pass on the object code version of parts of the combit software if these are expressly marked as redistributable components in the documentation.

2.5.5 You do not have the right to distribute the object code of the redistributable component/runtime module of the combit software as part of a software product, which could be used for the development of software products. Therefore, the functionality of the redistributable components/runtime modules of the combit software must not be made available to third parties and combit software must not be usable separately from this surrounding software application.

2.5.6 You also do not have the right to encapsulate the redistributable components/runtime modules of the combit software into your own runtime modules. Therefore, you are prohibited from providing the redistributable components/runtime modules for instance in source code or also in compiled form (such as DLL or EXE-file) to other developers.

2.5.7 It is possible to deviate from the license agreement in ciphers 2.5.3 – 2.5.6 by way of a written supplemental agreement.

2.5.8 The redistributable components/runtime modules may only be passed on to third parties under the following conditions:

  • no encapsulation of redistributable components/runtime modules of the combit software;
  • combit software is used in accordance with the license terms whereas particularly the number of developers/users may not be exceeded;
  • you will distribute the redistributable components/runtime modules of the combit software only with your software product and as part of the same;
  • you will not use the name, logo, brand or any other characteristics of combit or the combit software for the marketing of your software product;
  • you will undertake any end customer support, particularly for the redistributable components/runtime modules;
  • you will keep combit indemnified against all liabilities including attorney fees which could arise from the use of your software product;
  • due to license terms the end customer will be specifically prohibited from redistributing the redistributable components/runtime models and
  • the license terms must contain an explicit and distinct copyright notice, which points out combit’s proprietorship of the redistributable components/runtime modules. This copyright notice is to be included in the start-up screen and/or the program information and is to be placed clearly visible on the screen. This implies that the aforementioned copyright notice is always placed next to your own copyright notice and presented in identical size. It is generally possible to waive the obligation to display the copyright notice by means of a separate agreement (copyright waiver). Such an agreement must be in writing. Please contact our sales department if you are interested.

2.5.9 You are not permitted to use the combit software as component of a server/web server application on the internet/intranet such as http-, https-, wap/wtp-protocol. The aforementioned use is only permitted if you purchase an appropriate (server) license from combit, which is possible at any time. If the underlying server/web server application is licensed on a user-dependent basis than the required number of users corresponds to this number. Otherwise the maximum possible number of simultaneous users is to be licensed.

2.5.10 The aforementioned rights within the scope of the development tool will be granted by means of purchase of the standard edition of the respective combit software. By purchasing the professional or the enterprise edition your legal position will be strengthened and extended. Additionally, there is the possibility to make individual arrangements. Please contact the sales department for further information. In this context we would also like to refer you to the FAQ, which are available on www.combit.net/en/reporting-tool/license-faq


3.Ensuring the performance of the services

3.1 Claims for defects

3.1.1 Unless otherwise specified below, the statutory provisions apply to your rights in case of material defects and defects of title.

3.1.2 The basis for any claim for defects is first and foremost the agreement regarding the condition of the combit software. The product description, which you were provided with at the time of order or which was incorporated by means of written agreement, shall be considered as agreement on the quality of the product.

3.1.3 If the parties did not agree on the condition of the goods, the existence of a defect is to be determined by means of the statutory rules (Sec. 434 para. 2 s. 2 and 3 BGB). Any information about the product contained in leaflets, brochures, advertisements, documentation and similar writings are only descriptions and do not contain any statement regarding the condition of the goods.

3.1.4 By taking quality assurance measures, combit puts in great efforts to assure that the product is free of any defects. However, according to today’s state of the art it is not possible to produce software free of defects.

3.1.5 If you are a merchant, claims for defects require that you complied with your statutory obligation to examine the goods and give notice of non-conformity (sect. 377, 381 HGB). If the examination shows or you later discover a defect, combit must be notified immediately about the deficiency of the goods. The notification is considered immediately if sent within two weeks whereas timely dispatch shall suffice to keep the term. Independent of this obligation to examine and give notice of the non-conformity of the goods you must inform combit in writing within two weeks after delivery of obvious defects (including wrong and short delivery). Timely dispatch shall suffice to keep the term.

3.1.6 If you fail to examine the goods and/or fail to give notice of defect, combit’s liability for this defect is excluded.

3.1.7 If the delivered object is defective you may chose between the remedy of the defect (amendment) or the delivery of an object free of defects (compensation delivery). If you do not choose any of the aforementioned rights, combit may allow a reasonable time to do so. If you do not make a choice within this time limit, the right of choice demises to combit.

3.1.8 combit is entitled to hinge the supplementary performance on the due payment of the purchase price. You are entitled to retain a - in relation to the defect - fair amount of the purchase price. You must hand over the rejected goods to combit for test purposes and grant the time necessary for the supplementary performance. In case of compensation delivery you must return the defective object according to the statutory provisions.

3.1.9 If a defect really exists, combit is responsible for any costs incurred by the examination and supplementary performance, in particular transport, infrastructure, labor and material costs. However, if your request for removal of defects turns out to be unjustified, combit may ask for reimbursement of the incurred costs.

3.1.10 In urgent cases, such as the threat of the operational safety or in order to prevent disproportionately large damage, you have the right to remedy the deficiencies yourself and ask combit for reimbursement of the cost necessary from an objective point of view. combit is to be informed immediately of and if possible prior to such a self-remedy of defects. However, there is no right to self-remedy of defects if combit is entitled to refuse supplementary performance under the statutory provisions.

3.1.11 If supplementary performance fails or a suitable period of time for supplementary performance has lapsed without success or is legally superfluous, you may exercise your right of withdrawal or request an abatement of the purchase price. In case the defect is insignificant, the right of withdrawal is excluded.

3.1.12 Any entitlement of damages and any compensation for futile expenses exist only in accordance with sect. 3.2 and are excluded for all other cases.

3.1.13 If a program or parts of a program is modified or extended by yourself, any warranty claim will lapse unless it can be proven that in case of defect this modification and/or extension did not cause the defect. The warranty claim lapses also if the defect, failure or damage was caused by improper use, disregard of data security instructions, hardware failure, failure of the operating system or any other incident, which is outside of combit’s area of responsibility.


3.2 Liability

3.2.1 combit is liable without limitations for damages - for injuries to life, body or health resulting from an intentional or negligent breach of duty or behavior of combit or one of its legal representatives or auxiliary persons;

  • caused by the absence or the omission of a guaranteed quality or the failure to comply with a guaranty;
  • caused by an intentional or grossly negligent breach of duty or behavior of combit or one of its legal representatives or auxiliary persons;
  • caused by fraudulent concealment of a defect by combit.

3.2.2 combit’s liability is limited to the compensation of losses foreseeable and typical for this contract and cause by a negligent breach of a substantial contractual obligation (cardinal obligation) by combit or one of its legal representatives or auxiliary persons.

3.2.3 combit’s liability for all further cases of negligence is limited to an annual compensation or a sum five-times the purchase price for each case of damage.

3.2.4 In case of data loss caused by negligence, combit is only liable for damage, which would have been caused even if you had secured the data properly and on a regular basis, depending on the importance of the data; this limitation does not apply if the data backup was impossible or impeded due to reasons attributable to combit.

3.2.5 The aforementioned provisions apply correspondingly to combit’s liability with regard to the compensation for futile expenses.

3.2.6 The liability according to the Product Liability Act remains unaffected.

3.2.7 In case combit is not liable according to ciphers 3.2.1 – 3.2.6 all further liability is hereby excluded.


3.3 Limitation of time

3.3.1 Deviating from sec. 438 para. 1 no. 3 Civil Code (BGB), the limitation period for claims arising out of material defects or defect of title is one year after handover. The legal special regulations shall remain unaffected for claims for return based upon a property right of a third person (sec. 438 para. 1 no. 1 BGB), in case of fraudulent intent of combit (sec. 438 para. 3 BGB) and for suppliers’ claims for recourse in case of final delivery to a consumer (sec. 479 BGB).

3.3.2 The aforementioned limitation period of the sale of goods law applies also to contractual and non-contractual claims for damages of the customer, which originate from a defect of the contract goods, unless the application of the regular statutory limitation period (sec. 195, 199 BGB) results in a shorter limitation period in individual cases. The limitation period of the Product Liability Act remains unaffected.


3.4 Right to be informed Due to copyright reasons and in order to secure combit’s position, the parties agree to a contractual right to be informed. combit may inquire at any time how many users and/or developers are using combit software or are working on a product/project.


4.Contractual performance

4.1 Commencement and termination of contract

4.1.1 All rights according to these provisions will set in with complete payment of the license fee.

4.1.2 The license is granted for an indefinite period of time. If you violate any of these fixed license terms the license will automatically be terminated without notice. In case of termination you are obligated to delete the software and all back-up copies. In this case, you are obliged to provide combit with a written notification confirming the deletion.


5.General provisions

5.1 The law of the Federal Republic of Germany applies to this agreement. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

5.2 Jurisdiction for all disputes arising out of or in connection with the contract is the domicile of combit for all merchants, corporate bodies under public law or public fund assets within the meaning of the Commercial Code (HGB). Place of performance for delivery and payment is the registered office of combit. combit may file a suit against merchants at the customer’s place of jurisdiction or any other legal jurisdiction. As for the rest, the legal requirements shall apply.

5.3 The parties did not agree on any subsidiary arrangements. Any amendments must be made in writing. The same applies to the removal of the written form clause.

5.4 Should individual terms of the contract including this provision be or become partially or completely invalid, this shall not affect the validity of the other contract terms. The terms of the contract comply with the statutory provisions. In the absence of statutory provisions, the invalid provision shall be replaced by a provision which comes as close as possible to the economic intent.

5.5 This English version shall be used only for assistance in translation of the German version of the Software License Agreement. For any legal interpretation or claim the German version shall prevail. The German version can be accessed at www.combit.net/lizenzvertrag.

Business Terms and Conditions combit GmbH

Please read carefully.
Issued June 13, 2006

It is in your best interest to produce backup copies regularly in order to avoid extensive damage - due to the loss of data! Please also include the original software in the initial backup and keep this backup in a safe place together with the license certificate.

§ 1 Scope

  1. All contracts entered into by combit Software GmbH (hereafter referred to as combit) are exclusively governed by the terms and conditions as laid out in these Terms and Conditions.
  2. These Terms and Conditions also form the basis of any subsequent services and deliveries, even if they are not explicitly mentioned.
  3. In the event that any of the terms and conditions contained herein conflict with the customer’s Terms of Business, combit’s Terms and Conditions take precedence.
  4. a) Consumers, in these Terms and Conditions, are persons with whom combit enters into business relations and who do not pursue freelance or commercial professional activities.
    b) Contractors, in these Terms and Conditions, are natural persons or legal entities or unincorporated firms having legal capacity with whom combit enters into business relations and who pursue commercial or freelance professional activities.
    c) Customers, in these Terms and Conditions, are both consumers and contractors.

 

§ 2 Formation of Contracts

  1. Specifications given in brochures, advertisements, documentation and any other written notices are descriptive only and do not constitute any guarantees regarding the condition of the products.Guarantees regarding the condition of the products require the explicit, written form.This applies equally to any indication of price or the release of add-ons and extensions.Technical data, specifications and functional design specifications in the software product descriptions do not constitute guarantees regarding the condition of the products unless this was expressively confirmed as such by combit.
  2. Written offers from combit are legally binding for a 30-day period, unless another term has been arranged in writing.This period starts with the date of the offer.
  3. Customers are bound to their orders for a period of 2 weeks starting from combit’s receipt of the order.
  4. A contract comes into force either by the timely acceptance of combit’s offer or through written confirmation of a customer's order from combit.
  5. If the customer places his order in electronic form, combit will immediately confirm the receipt of the order.The receipt of the order does not constitute a binding acceptance of the order.The confirmation of the receipt of the order can be combined with the declaration of acceptance.The contract text is stored by combit and sent to the customer electronically upon request or can be called by the customer electronically.
  6. The sole delivery of software, performing maintenance work or other services, or the delivery of accessories does not constitute a confirmation, nor are they a replacement for one.
  7. Regardless of the time and the form of the agreement, agreements on the customer’s rights to the software (software license agreement), its support and maintenance (maintenance contract) and any training in the use of the software, as well as deliveries of accessories and other services are legally independent and form a separate contract with regard to rights and obligations, legal consequences and warranties.

 

§ 3 Prices

Prices are determined, in case of a timely acceptance of a written offer by combit, by such offer; otherwise, in the absence of a divergent written agreement, they are taken from combit’s price and product list valid at the time of acceptance of the order.

 

§ 4 Terms of Payment

  1. Payments are due on receipt of the goods in full.If payment is not received within 8 days, the customer is in default.
  2. As a rule, bills of exchange, checks and other payment orders are not accepted.If they are accepted, this is done on account of performance only.
  3. A set-off of own claims is possible only on claims that are uncontested or have been legally established.The customer can only claim recoupment if these relate to the same contractual relationship.

 

§ 5 Delivery and Service not Rendered According to Contract

  1. Terms of deliveries and services  are legally binding only if they are contained in a written offer or a written order confirmation from combit.When contractually agreed delivery and service terms have elapsed, the customer shall grant combit a 14-day extension period in which to perform, in writing.If this period elapses without result, the customer may withdraw from contract.This period is calculated from the time the goods leave combit’s site.
  2. A reasonable period of extension for delivery and performance is allotted when unforeseeable events or force majeure such as strikes, lockout, transportation disruption, governmental authority actions, etc.have a significant impact on combit’s ability to deliver and/or perform.If such impediments persist for longer than a month or if such an impediment may render delivery or performance of service permanently not or not according to contract, both parties are entitled to revoke the contract.

 

§ 6 Retention of Title

  1. Until such time as all claims resulting from this contract and any other claims by combit against the customer that exist at the time of signing the contract are fulfilled, combit reserves the title for the delivered products (hereinafter called conditional merchandise).
  2. The customer may use conditional merchandise within the framework of its business.Any integration, merging, processing or conversion of the conditional merchandise may be carried out solely on combit’s behalf, who acquires co-ownership of the finished goods or the new product, in proportion to the value of the conditional goods to the finished goods or the new product.
  3. The customer is entitled to resell the conditional merchandise and products in which combit is a co-owner, in the course of the proper conduct of its business, with ownership of title conditional.The customer assigns future claims resulting from resale in the amount of the invoice value of the conditional merchandise until complete settlement of all claims listed under (1) as a security to combit, who accepts such assignment.If combit has only partial co-ownership in the sold goods, these claims are assigned to the value of the selling price of that part, but with priority above any other claims.
  4. The customer has to inform combit immediately of a change of ownership of the conditional merchandise as well as a change of residence or business seat.
  5. When conditional merchandise is seized, the customer shall point out combit’s ownership and notify combit without delay in writing.
  6. In case of a breach of contract on behalf of the customer, combit is entitled to withdraw from the contract and reclaim the conditional merchandis

 

§ 7 Assignment of Risks and Dispatch

  1. If the customer is a contractor, the risk of accidental loss and accidental deterioration of the product passes onto the customer upon deliverance, in case of shipment purchases to the forwarding agent, the carrier or any other person or facility commissioned for dispatch to the customer upon deliverance.
  2. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the product first passes onto the customer upon deliverance.This also applies to shipment purchases.
  3. It is equal to deliverance when the customer defaults the acceptance of the goods.
  4. As long as the customer did not specify any particular way of shipment (express delivery, express package, etc.), combit will ship the goods by means of the most inexpensive delivery method.

 

§ 8 Software Licenses

Software licenses are additionally governed by combit's current Software License Agreement.

 

§ 9 Training

  1. Services for standard training sessions: combit offers seminars for its software products that contain the following services: Provision of the necessary hardware, software and rooms, qualified trainers, training contents according to the training agenda and the level of experience of the participants, beverages during breaks, personal participation certificate.
  2. Services for individual training sessions: services according to training contents.The number of training days and participants as well as the location needs to be agreed on beforehand.
  3. Remote distribution contract with withdrawal clause: The consumer has the right to recall his declaration of intent for the conclusion of training contract within two weeks after the conclusion occurred.This recall does not have to state a reason.It is to be submitted to combit in writing.In this case, the date the document is posted, is relevant.At this point, the consumer is prompted again to print out (or store electronically) the Terms and Conditions in which the right to withdraw is contained.
  4. Customer withdrawal for standard or individual training sessions: The customer may withdraw his registration up to two weeks prior to the training date.This requires that combit punctually receives the written withdrawal declaration.In these cases, combit shall receive a processing fee of 40% of the seminar fees as redemption for the premature end of the contract.If the customer withdraws within the two weeks prior to the start of the training session, he has to pay the complete amount to combit.The customer may name replacements at any time for participants who are not able to participate and communicate this to combit.
  5. Withdrawal on behalf of combit: combit may withdraw from the contract if not enough participants have registered up to one week prior to the training session and the economic implementation of the training session is thus not given.
  6. Liability: combit will do everything in its power in order to adhere to the scheduled dates and provide a replacement trainer in case the original trainer becomes ill.However, if events occur due to higher power that would make it substantially difficult to perform the service, which also includes an illness of the trainer, combit is entitled to postpone the training session for the duration of the illness and an appropriate period afterwards.In this case, combit will not assume any liability.
  7. Changes to the training session: combit retains the right to slightly modify the training contents as well as reschedule the date and place of training with an appropriate advance notice.If a customer cannot attend the standard training due to the postponement of the date or the change of location, the customer is entitled to switch his session to a new date in which the same training session takes place.
  8. Copyrights: The training documents as well as the provided software may not be copied.
  9. Customer’s participation: The customer is obligated to immediately communicate any details to combit that combit requires in order to fulfill its contractual obligations.Upon request, the customer shall provide a sufficient quantity of test data.
  10. Others: a) The training contents communicated during training sessions do not constitute guarantees regarding the condition of the products.
    b) combit is entitled to engage sub-contractors in order to fulfill the contractual obligations.

 

§ 10 Warranty

  1. combit makes every effort through the implementation of quality assurance measures to keep software free of defects, but points out that with current technology it is not possible to guarantee that software is completely free of defects.
  2. The customer initially has the choice between having combit remedy the defect or making a replacement delivery.However, combit is entitled to refuse the selected option if this would only be possible at inappropriate costs or if a follow-up product is available that no longer has this defect and if this type of retrospective fulfillment is not connected with any substantial disadvantages for the customer.
  3. If attempts to eliminate the defect – which combit may attempt twice – fail or if combit does not offer a program version free of defects, the customer has the right to withdraw from the contract or reduce the purchase price to an appropriate extent (abatement of purchase price).
  4. However, in case of a minor breach of contract – especially in case of slight defects – the customer is not entitled to withdraw from the contract and to claim for compensation instead of damaged goods or instead of the provision of service.
  5. The customer does not receive any guarantees from combit in a legal sense unless this was agreed upon in writing.
  6. The warranty is void for any programs or parts of programs that were modified or extended by the customer, unless the customer can furnish proof to combit that such modifications or extensions are not the cause of the defect.The warranty claim is also void in case of defects, suspensions, interruptions and damages that are a consequence of incorrect operation, hardware and operating system failures, non-compliance with data security regulations or other processes outside of combit’s responsibility, or if the customer denies combit the opportunity to investigate the cause of the defect.
  7. The period of limitation for contractors is one year as of the receipt of the goods.For consumers, this period is two years as of the receipt of the goods.

 

§ 11 Notice of Defects

If the customer is a contractor, he shall immediately check the product for completeness and quality upon receipt.Evident defects must be communicated in writing to combit within 14 days as of the receipt of product; otherwise the assertion of the warranty claim and the liability for defects are excluded.The dispatch of the notice in due time is sufficient to adhere to the limitation period.

 

§ 12 Liability for Defects

  1. If the customer is a contractor claims for damage due to defects of the goods require that the customer has followed the examination and notice of defects procedure as stated in § 11.
  2. combit's liabilty is regulated by law in case the customer claims damages which are due to an intentional or gross negligent breach of contract or in case of a slightly negligent breach of significant contractual obligations.This also applies to the breaches of obligations by combit's legal representatives or vicarious agents.Unless combit is not accused of intentional breach of contract, combit's liability is limited to the typical, foreseeable, and direct average damage.This applies also to damage liability caused by delay.
  3. combit's liability - unless combit is not accused of intentional breach of contract - is also limited to the foreseeable, typically occuring damage if the customer excercises his/her right of withdrawal or reducement of purchase price.
  4. Liability due to wrongful personal injury to life, body or health as well as liability according to the product liability law and a legal product liability remain unaffected.
  5. The statute of limitation for claims due to defects is one year after the receipt of the goods for contractors and two years after the receipt of the goods for consumers, calculated from the transfer of risk.This does not apply in case of fraud and in case combit should give a warranty.

 

§ 13 Aggregate Liability

  1. Beyond § 12 any further liability concerning contractors is excluded, irrespective of the legal reason.This applies particularly for damage claims resulting from precontractual liability, for other breaches of duty or for torturous liability or concerning damage to property according to § 823 BGB.
  2. As far as liability for compensation towards combit is excluded or limited this applies also to the personal liability claims for damages against combit's employees, legal representatives or vicarious agents.
  3. An exclusion period of 18 months applies to the limitation for all claims of contractors that are not subject to limitation due to a defect of product.

 

§ 14 Product Modifications

combit reserves the right to modify the product as long as the general functionality is not impaired.

 

§ 15 Final Clauses

  1. Place of performance is Constance, Germany.
  2. If the customer is merchant according to the German Book of Trade Law (Handelsgesetzbuch), a legal entity of public law or legal special funds, it is agreed that the sole agreed place for any legal actions arising from this or in connection with this contract will be settled at combit's business seat.This also applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or usual abode is unknown at the time the proceedings are brought forth.
  3. This contract is subject to the laws of the Federal Republic of Germany.The UN Sales Laws are excluded.
  4. Any subsequent additions or changes to contracts require the written form.This also applies to a waiver of the written form requirement.


It is in your best interest to produce backup copies regularly in order to avoid extensive damage - due to the loss of data! Please also include the original software in the initial backup and keep this backup in a safe place together with the license certificate.
Last update: 2014-04-11
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