Terms & Conditions1 Subject matter of contract
These terms and conditions apply only if a contractual relation is entered into between AVSoftware and the customer through a contract of sale, e.g. the customer has acquired the software directly from AVSoftware or from the salesperson as a representative of AVSoftware. In the case of discrepancies, individually reached agreements have priority as long as they occurred in writing or are confirmed by AVSoftware.
(1) The existence of errors conforms only to the software specifications and descriptions by AVSoftware. Special requirements, requests and ideas on the part of the customer become an integral part of the contract only with an express written agreement.
(2) Due to the well-known faultiness of the Windows operating systems and the variety of hardware being used, the irregularities arising from use of the software will not necessarily be founded in the software. Therefore, legal evidence applies so that the customer must prove unconditionally that irregularities that arise are based on errors in the software and that these were already present upon delivery. This applies particularly if the customer used the software improperly, in an unsuitable installation environment or not according to the recommendations of the appropriate installation environment, exposed it to improper external actions or made unauthorized changes to the software or hardware or operating system programs.
(3) In the case of the rescission of the contract, the customer is to surrender or destroy any copies produced of the software and documentation and to assure AVSoftware on oath that all copies have been surrendered or destroyed.
3 Use of Software
(1) Use of the software is limited to only one machine per licence.
(2) The resale of the software is permissible in principle, provided that the customer does not keep any software and/or materials for him/herself and that any copies produced be destroyed or transferred to the buyer. Upon request, the customer is to make AVSoftware known to the buyer.
(3) In a departure from Section 3.2, the resale or the passing on of the software supplied to public authorities, universities and public schools as software delivered in a version specifically for public authorities and schools is only permitted to other authorities, universities or public schools. In all other respects, Section 3.2 applies.
4 Limitations of liability
(1) The liability of AVSoftware to the customer is limited to the price of the product he/she purchased.
(2) In addition, AVSoftware is only liable to the extent, to which the damage at the time concerned was foreseeable and to the typically foreseeable extent.
(3) AVSoftware is not liable for the loss of data if the customer has not backed up his/her data daily as well as prior to interventions in the system and taken other reasonable measures.
(4) The preceding limitations of liability do not apply if AVSoftware is liable according to the Product Liability Act.
5 Statute of Limitations
(1) Customer claims against the warranty and/or for compensation of damages fall under the statute of limitations after the expiration of one week from delivery of the software.
6 Final Provisions
(1) The customer's General Terms and Conditions do not apply.
(2) Changes and additional agreements must occur in writing; this also concerns this written form requirement.
(3) Should a term in these conditions be or become invalid, ineffective or unexecutable, the parties undertake to replace these by a condition which, insofar as is possible, comes closest in legal terms to the economic purpose of the agreement.