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Terms and Conditions and the Terms of Use for MapCreator 2.0.
Version as of June 1, 2007
§ 1 Applicability
1.
The present Terms and Conditions and Terms of Use (hereinafter also referred to as “Terms and Conditions”) set forth the provisions that exclusively govern the acquisition and use of MapCreator 2.0 (“Software”)
2.
If you acquire the MapCreator 2.0 software, a valid contract is concluded by and between you and primap software.
Address for service:
primap software
Herbert Haas
Max-Beckmann-Str. 25
76227 Karlsruhe
Germany
e-mail: info@primap.com
Phone ++ 49 (0) 721 40 25 23
VAT ID: DE185588138
The present Terms and Conditions do not apply in the event that you order the Software from “share*it’” (Digital River GmbH).
§ 2 Conclusion of Contract
1.
The presentation of our products on the Internet site is not binding and does not constitute a binding offer.
2.
Your offer becomes a binding contract once we accept your purchase order by sending an electronic order confirmation or by sending the product to you.
3.
You must provide true and accurate information when ordering goods. In the event that any relevant data should change (name, address, e-mail address) you are obligated to notify us of this change immediately via e-mail to info@primap.com in the event that the purchase contract has not been performed by such date.
§ 3 Right to revocation
1.
If you order software products online in your capacity as a consumer, i.e., you are not acquiring the goods for either your commercial or your self-employed business activities, we would like to advise you of your right to revoke the contract as set forth in the following Cancellation Clause.
2.
Supply of software on data media
a)
If you are a consumer and order for a purpose that is not attributable to either your commercial or your self-employed business activities, you have the right to revoke the contract concluded by and between you and us without stating reasons within a period of 2 (two) weeks from receipt of the goods. The contract must be revoked by written notice (e.g., by mail, telefax, or e-mail) addressed to info@primap.com or to primap software, Herbert Haas, Max-Beckmann-Str. 25, 76227 Karlsruhe, Germany. The two-week revocation period begins to run upon the arrival of the software at your site, subject to the condition precedent that we have complied with our information duties pursuant to § 312 c par. 2 German Civil Code (“Consumer Information”) by that date. Otherwise the period for revocation and the return of goods begins to run as soon as there has been compliance with the consumer information obligation. Compliance with the consumer information obligations is deemed to have occurred when we make this information available via the link “Consumer Information” for storing or printing before you submit your purchase order.
b)
Upon an effective revocation of the contract, we are obligated to refund any compensation that we may have received from you and you are obligated to return the goods, provided, however that the goods have been shipped as a mail package. The return shipment is at our risk and cost. However, if the gross value of the goods is less than EUR 40.00 or if the value is higher, but you have not effected full payment or a certain partial payment, as set forth in the respective contract, by the date the contract is revoked, you will be liable for the return shipment cost unless the goods supplied do not conform with the goods ordered. Please return any goods to:
c)
In case of the deterioration or loss of the goods you are liable for damages, including when you revoke the contract. The right to revoke the contract exists notwithstanding your claims based on defects as to quality or defects in title, to the extent that such defects exist.
d)
However, the right to revocation expires
- regarding a contract for the supply of software stored on a data medium as soon as the sealed package in which the data medium was supplied is opened (e.g., by removing the shrink wrap foil).
3.
Software transfer by providing a license key and download
a)
If you wish to acquire a medialess license (license key and download), you also have the right to revocation, provided, however, that you are a consumer. The contract must be revoked by written notice (e.g., by mail, telefax, or e-mail) to info@primap.com or to primap software, Herbert Haas, Max-Beckmann-Str. 25, 76227 Karlsruhe, Germany. In this case, the two-week revocation period begins to run upon conclusion of the contract, however, not before we have complied with our information duties pursuant to § 312 c par. 2 German Civil Code (“Consumer Information”). Compliance with the consumer information obligations is deemed to have occurred when we make this information available via the link Consumer Information for storing or printing before you submit your purchase order.
b)
Please note that the two-week revocation period begins to run upon conclusion of the contract and receipt of the information. However, the right to revocation expires
- when a license key is provided for downloading software: When we mail the license key with your prior consent – prior to the end of the revocation period – to you.
- regarding software that is made available for download without a license key: If you start the software download prior to the end of the revocation period.
Once you have started the download or you are able to use the software upon receipt of the license key, you may no longer revoke the contract.
c)
If you have validly exercised your right to revocation, we will refund the compensation that we may have received from you by such date.
§ 4 Subject matter and form of shipment
1.
You will receive the Software that is the subject matter of the agreement in executable form (object code), consisting of the computer program and electronic user documentation. The user documentation will not be shipped as a hard copy, as it primarily consists of electronic help files.
2.
Shipment will be made, as agreed between the parties, either by sending a data medium to the shipment address you specified on the purchase order form, or by sending a license key to the e-mail destination specified on the purchase order form. You will need a license key if you wish to turn the evaluation version offered by primap for free download into a standard version.
§ 5 Compensation
1.
Prices are quoted including VAT, as set forth by the then-applicable statutory provisions.
2.
The compensation is due and payable upon conclusion of the contract. The payment options available are specified on the purchase order form.
3.
Shipping charges, if any, will be shown separately on the invoice. Please note that higher shipping and freight charges, customs duties and levies, and similar charges may be incurred when the shipping address is located outside Germany.
§ 6 Ownership
We reserve full title of ownership in and to the goods until full payment has been effected. If you are in default with payment for more than 14 days, we have the right to rescind the agreement and re-claim the goods. All other rights remain unaffected.
§ 7 Rights to Use
Upon payment of the agreed one-time compensation (Personal/Professional Edition), we grant you a non-exclusive, world-wide right to use the Software for an indefinite term. A “copy” (CD or download + license key) of the Software authorizes you to use the Software on a maximum of one terminal/workstation simultaneously. If you wish to use the Software on more than one terminal/workstation at the same time, the right to use must be extended accordingly. Users of the Personal Edition are authorized to use the Software for their own private purposes. If you wish to use the Software for professional or commercial purposes, you need to acquire a Professional Edition.
2.
Maps created using the Software may be published as a part of third-party works, unless the manufacturer’s best interests are unreasonably adversely affected. The Software and maps created using the Software may not be used, in whole or in part, to create a similar or competing product or if this would adversely and unreasonably affect our best interests as the manufacturer in any other manner (e.g., large map collection).
3.
The user is not authorized to lend, rent, distribute, or disseminate the software, or to use it in a computing center, without our express prior consent. Any use beyond the rights granted under this contract, in particular, the simultaneous use of the Software on more than one device per Software copy, constitutes a breach of contract for which we may claim damages.
4.
You may make one back-up copy of the Software and make daily data back-up copies. Additional copies may not be made, except for the contractual use, including back-up copies and daily data back-ups.
5.
You may not decompile, change, modify, or adapt the Software.
6.
Copyright and other proprietary notices included in the Software may not be removed or altered.
7.
The Software may not be sold unless you have purchased it from us on an original data medium. You may transfer this original data medium to a third party, provided, however, that you refrain from any further use of the Software, and convey the right to use to such third party in accordance with the Rights to Use agreed by and between you and us. You shall hand over any and all material accompanying the Software when you transfer the Software to a third party and delete the Software from any data media that you may retain. Downloaded Software may not be transferred.
§ 8 License key
If you have acquired the Software by means of a download and the provision of a license key, you have a confidentiality obligation with regard to the license key. You must ensure that no unauthorized third party will have access to your license key. You may not provide the license key to any third party. If a misuse becomes possible due to circumstances for which you are responsible, you will be liable for the any damage that we may suffer.
§ 9 Defects as to quality and defects in title
1.
The Software provided by mail or download is free from defects as to quality and defects in title.
2.
A defect as to quality is deemed to exist if the Software is not fit for use in the manner described in the documentation. The documentation is available from our Internet site and will be shipped together with the Software and/or may be downloaded.
3.
A defect in title is deemed to exist if the rights required for the contractual use may not be validly conveyed upon provision of the Software.
4.
In the event of defects as to quality and defects in title, you have the remedies set forth in statutory provisions.
§ 10 Damages, wasted expenditures
1.
We will be liable for damages or reimbursement of wasted expenditures, irrespective of their legal cause, only to the following extent:
- in case of intentional wrongdoing, malice, and when a guarantee was given for a certain quality, we will be liable in the full amount
- in case of gross negligence, we will be liable for damages in the amount of the foreseeable damages
- in all other cases, we will only be liable for the violation of a material duty under this contract, for liability for defects, and for default; we will be liable for the foreseeable and typical damages, limited, however to the contract volume.
2.
The statutory liability for personal injury, damage to health, and death and under the Product Liability Act remains unaffected. In case the damage is attributable to a fault on both your and our part, we will raise the defense of comparative negligence.
3.
Based on the current state of the art, data communication via the Internet may not be warranted to be error-free and/or available at any time. We are, therefore, not liable for either the permanent, uninterrupted availability of our Internet site, or for technical and electronic errors that are beyond our control.
§ 11 Data Protection
1.
We will use any personal information that you may provide (form of address, name, street address, DOB, e-mail account, phone number, telefax number, bank details, credit card number) in accordance with the rules and regulations of the German data protection law.
2.
Your personal data, to the extent required for the conclusion, further negotiation, or change and performance of the contract will be used for the sole purpose of performing the contracts entered by and between you and us. Thus, we have the right to transfer data, to the extent that payment is concerned, to the institution that issued your credit card or to the company retained for collecting outstanding claims. Your data will not be used for any other purposes. If you desire any other information, you may contact our support at the e-mail address info@primap.com.
§ 12 Choice of law
In addition to the provisions of the present Terms and Conditions, all contractual relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the UN Convention on the International Sale of Goods. Mandatory provisions that apply under the law of the country in which you permanently reside are not affected.
§ 13 Final provisions
Modifications and amendments to this agreement must be in writing to be effective. The same applies to a waiver of the requirement of a written form.
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