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§ 1 General

capella-software AG is a German company and is subject to German and European law.

§ 2 Scope

Only the following terms and conditions are valid for the business relationship between capella-software AG and the customer. This applies to all future business dealings, too. Differing conditions of the customer will not be accepted by capella-software unless capella-software has explicitly accepted them in writing.

§ 3 Conclusion of the contract and withdrawal

capella-software does not commit itself to accept the customer's order. In the case of spelling, printing or calculation errors on the website, in catalogues or other information material or due to reasons arising from the evaluation of the order, capella-software is entitled to withdraw from the order at any time.

§ 4 Return and Exchange

Statutory information about rights of withdrawal and return: According to § 312b BGB the customer has the option to withdraw from each distance selling contract within two weeks. Restrictions to rights of withdrawal and return: According to § 312d, paragraph 4.2 this does not apply to distance selling contracts "for delivery [...] of software should the delivered data medium be unsealed by the customer [...]".
For these reasons the return of licenses with download is also excluded.

§ 5 Maturity, payment and delay of payment

The purchase price is due by the time the order is placed. If the customer is in default of payment, capella-software is entitled to bill default interest in the amount of four percent points above the prime interest rate. Should a higher damage have been caused by the delay, then capella-software is entitled to claim this. capella-software does not accept bills.

The customer may grant capella-software a direct debit mandate. Direct debiting will be effected within a few days after date of invoice. The shortened period for pre-notification will be one day. The customer ensures sufficient cover of the account. Fees arising due to non-payment or chargeback shall be borne by the customer provided that non-payment or chargeback was not caused by capella-software.

§ 6 Set-off and retention

The customer has a right of set-off or retention only on condition that the respective claims are undisputed or established as final by a court of law. The customer is entitled to enforce his right of retention only in so far as his counterclaim is based on the same contractual relationship.

§ 7 Title retention

The goods supplied remain the property of capella-software until all claims of capella-software against the customer have been completely settled. 

§ 8 Warranty and liability

Should the purchased items be defective, capella-software is authorised to its choice of subsequent performance, either in the form of elimination of the defects or delivery of a new object free of defects. Should capella-software not be willing or able to eliminate the defects or deliver a new object or if a fair delivery time is exceeded for reasons that capella-software can be held responsible for, the customer is entitled to withdraw from the contract. To the extent that noting to the contrary results below, other and further-reaching claims of the partner against us have been ruled out. In particular, capella-software does not accept liability for damages other than to the supplied goods themselves nor for loss of profit or other financial losses incurred by the customer.

In any case that the liability of capella-software is excluded or limited, this exclusion or limitation applies equally to capella-software's employees, representatives and auxiliary persons. The warranty period is six months calculated from the passing of risk. This period is a limitation period and also applies to claims for compensation of consequential harms caused by a defect.

At the current stage of technology errors in software and the respective documentation cannot be excluded. Furthermore it is not possible to develop software in a way that it is faultless for all conditions of use and all customer requirements or faultlessly cooperates with all other programs and third party hardware. In this connection scanners, keyboards or sound libraries are to be mentioned. capella-software will not give assurance as to certain features or usability for customized applications.

§ 9 Auction goods

Items purchased in auctions or in a similar way and items bought from merchants or private persons not authorized by capella-software will not be registered. With this the qualification for an upgrade is cancelled.

§ 10 Upgrades

Upgrades are discounted successor or supplement versions of a capella product (basic product). Only holders of a basic product are entitled to purchase an upgrade. The use of the upgrade depends on the fact that you are holder and user of the basic product. An isolated passing on of an upgrade or the basic product to third parties is thus not allowed.

§ 11 Activation

An activation can be carried out up to three times should this be necessary due to replacement of hardware/CPU. Where appropriate, further activation codes will be supplied on request by capella-software. However, further activation codes cannot be claimed. Activation can be effected via Internet, email, fax, letter or telephone.

§ 12 Multiple, network, accompanying and students' licenses

These licenses are bound to the purchaser and cannot be passed on to another person, not even after termination of use.

§ 13 Gift coupons

Gift coupons can only be purchased as online version, coupons are not dispatched by mail-order.

Gift coupons can be purchased and redeemed in our German online shop. One gift coupon per order can be redeemed.

Gift coupon can be redeemed competely or partially. The balance remains on the gift coupon and can be used at a later date.

§ 14 Applicable law and place of jurisdiction

German law applies, to the exclusion of the UN purchasing law. Kassel is the exclusive place of jurisdiction for all present and future claims of the relationship including check demands. capella-software is entitled to sue the buyer at his general place of jurisdiction as well.

§ 15 Further development, standard of technology

All product descriptions, especially hardware and software requirements require the newest operating system, if necessary via update with so-called service packs (Windows).

Download of free stepups within product support require an up-to-date Internet browser.

Subject to errors, prior sale, further development and improvement by capella-software.

§ 16 Special services

capella-software charges US$ 15.00 allowance for special services. Special services are amongst others:

  • Return debits of financial institutions for reasons capella-software is not held reliable for.

capella-software charges US$ 15.00 allowance for the re-issue of licenses. capella-software is not obliged to re-issue licenses.

Should one purchaser place multiple online license orders with immediate charge of the credit card, capella-software will examine the case and issue a credit. capella-software subtracts transaction expenses for all transactions having arisen in connection with the order. These are 4% of the order amount per transaction (These transaction expenses are paid to the respective credit card institution.). Furthermore capella-software charges a handling fee for the issue of the credit note so that the entire allowance is US$ 30.00 at best.

capella-software is neither obliged to issue download links for older program versions for an indefinite period of time nor to adapt these older program versions to modern operating systems.

 

If a provision of these General terms and conditions is or becomes invalid, illegal or unenforceable, that shall not affect the validity or enforceability of any other provision of these General terms and conditions.

Soehrewald, Sep 21, 2016.