General terms and conditions

§1 RIGHT OF USE

1.1 The provider (Albert Brückmann, Wasemweg 5, 74821 Mosbach, Germany) grants the licensee a right of use for the software (plugins for WordPress) against payment of a flat fee and variant dependent license fee.

1.2 The Licensee may use the acquired license number for himself or for his customer as long as this is done within the scope of one activated license per domain. He may allow company employees to use it. Company employees are permanent employees of the Licensee, this includes freelancers if they are bound to the Licensee by an exclusivity agreement. If there is only cooperation or occasional collaboration, this group of persons may not be allowed to use the domain. If the licensee is an agency owner or self-employed person, the license can be passed on to customers within the scope of the usage agreement (i.e. activation of the license on the customer's system).

1.3 The software may only be used to the extent ordered by the customer. Use of a product beyond the ordered scope (i.e. number of licenses) is not permitted.

1.4 It is prohibited to offer the software in combination with other software such as themes, sample blogs or compilations. This restriction applies to each type of license.

1.5 Ownership of the software or the manual remains with the provider. However, the Licensee has the right to transfer or hand over the Software to or to third parties within the scope of 1.3. The Licensee is prohibited from making copies and installing the Software on other systems without using a valid license code.

1.6 The Licensee may not change the Provider's copyright notices, marks and/or ownership information on the software or documentation material.

1.7 The Licensee shall be entitled to make use of future updates of the Software free of charge for the period of time specified in the scope of the license (generally 1 year). After expiry of the period for automated updates, this period may be extended. Expired licenses may affect the continued operation of the software by no longer providing all features.

§2 WARRANTY

2.1 The provider guarantees that the software, when used properly on the specified system according to the ordered scope of equipment, essentially conforms to the program specifications described. However, this only applies on condition that the latest program version is installed, that minimum requirements of the software have been observed and a valid license has been used...

2.2 The software provided by the supplier has been created and processed to the best of the supplier's knowledge and belief and with commercial and technical thoroughness. The Licensee has been informed that the creation of completely error-free software is not possible with the current state of technology. According to the current state of the art, an uninterrupted and error-free operation or the complete elimination of any program errors cannot be guaranteed.

2.3 Decisive for the order is the service and price overview documented by the provider at the time of the conclusion of the contract. By means of a demo version of the software on a test server, each licensee can have the opportunity to check the offered scope of performance and functions before concluding the contract. Services or functions not listed are not defects or errors.

2.4 There is no claim to correct functioning in connection with third-party applications and/or server properties.

2.5 Support or assistance from the provider is provided on a voluntary basis. There is no claim to this on the part of the licensee.

2.6 The provider is entitled to terminate the programming and publication of the software at any time. From this time on, there is no claim to support, functionality and updating of the software.

2.7 Any further warranty is excluded, especially for the correctness of the software's content.

§3 LIABILITY

3.1 Liability and compensation for consequential damages are excluded. Economic decisions made by the user on the basis of the program results fall within his risk area. The above exclusion of liability also applies to the provider's vicarious agents and assistants.

3.2 Any liability on the part of the provider is limited to intent and gross negligence. Liability for lost profit and/or other consequential damages is excluded.

3.3 The licensee may determine the name of his business to be included in the software. The licensee must comply with the competition guidelines when naming his company. If the licensee does not specify a company name, the provider will not include such a name. If a claim is made against the licensee because of competition violations, which were committed against him when using the software of theIf a claim is made against the licensee for breaches of competition which he/she committed while using the provider's software, the licensee shall indemnify the provider against these claims.

3.4 The Licensee expressly indemnifies the Provider against claims of third parties which are raised as a result of the Licensee's use of the Software.

3.5 The Licensee shall be liable for the integrity of the Software, the license number and the manual handed over to him. In the event of loss or damage, he shall be liable for the costs incurred.

§4 PAYMENT OF LICENSE FEES

4.1 A regular license fee is payable for regular use of the software. If the Licensee fails to meet its payment obligations, the Provider shall be entitled to prevent the use of the Software.

4.2 The provider shall be entitled to implement software-based protection mechanisms to secure its own claims. The provider is not obliged to inform the licensee about the implementation, modification or extension of these protection mechanisms.

4.3 The provider is not obliged to support a licensee who does not meet his payment obligations under the contractual relationship in using the software.

4.4 After the proper termination of the contractual relationship, the provider shall not be obliged to provide any free services to the former licensee. All liability and warranty claims expire. The provider gives the licensee the opportunity to export the data (settings of the software) in record form (each data record individually) in EDP form (XML format). The licensee is informed that the software is only limited usable after this period, especially no new data entry is possible anymore.

§5 REFUNDS

5.1 There is no money-back guarantee, as this is software that can only be returned as a copy, but not in the original, without any guarantee that the Licensee has not made any copies. A refund of the purchase price is therefore made on a voluntary basis by the licensor (e.g. if there is an irreparable bug that cannot be fixed by our support).

5.2 If the licensee fails to cancel his license in time, the license will be extended according to the accepted terms. A refund of the license renewal costs is not possible, especially if the license is still active or connected to a domain.

§6 SCOPE OF DELIVERY

6.1 The scope of delivery consists of several compressed script files executable on the licensee's server.

§7 FINAL PROVISIONS

7.1 In commercial business transactions, and if the contractual partner does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be Mosbach.

7.2 Should any individual provision of this contractual relationship be invalid or should this contractual relationship contain loopholes, the validity of the remaining provisions shall not be affected. In place of the ineffective provisions, the provision which corresponds to the meaning and purpose of the ineffective provision shall be deemed agreed. In the event of gaps, the provision which corresponds to what would have been agreed according to the meaning and purpose of this contract shall be deemed agreed.

7.3 Supplementary agreements must be made in writing to be effective.