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IMU - Berlin Andreas Baumann
IMU Hard- und Softwareservice

Flottenstr. 58
D-13407 Berlin
Germany

Tel.: 030 40910962
Fax: 030 40910963



 

ORDER

1. Correctness of your data

To prevent delays and additional costs, please check your order data for correctness and completeness before mailing the order!

2. Revocation right

Since by personalized data, software free switched composition isn't suitable because of her for a return against refund of the selling price, a return isn't possible (cf. § 312 this BGB, para. 4 of german law). These orders are therefore definite. You have the possibility of testing every software substantially before the purchase and seeking when required further information from us.

3. Protection of data privacy

The data transmitted to us at the order are neither passed on nor sold or done accessible to third parties.

4. Prices and taxes

The prices are final possibly including all applicable taxes. Additional shipping and packing costs are not.

LICENSING AGREEMENT

1. Copyright

The software, all software components, the documentation, as well as the program and data conception are both protected by copyright laws and international copyright contracts and by other laws and agreements on an intellectual property.

2. License grant

This end-user license agreement gives the right of the use of the ordered software to you in the scheduled meaning. You receive the not exclusive right to test the ordered software at a computer workstation in a restricted performance range. If you want to continue to use the program then, you must buy a program license which allows them a from the point of view of time and functionally unlimited use of this program on a PC.

3. Restrictions

  • You are obliged to keep all copyright notes on all copies of the ordered software.

  • You aren't authorized, software ordered this one for reverse (Reverse engineering) back to decompile or to disassemble. This is, however, only in this respect valid as the applicable right particularly doesn't allow such a possibility notwithstanding this restriction.

  • You aren't authorized to rent out or to award the ordered software.

  • You are obliged to correspond to all applicable laws with regard to the use of the ordered software.


4. Reservation of title

We reserve the property for us at the product delivered by us until the complete payment of the selling price and all side demands. If they are businessmen, we reserve the property for us at the product delivered by us up to the settlement of all demands against you consisting of the business connection.

5. Examination and warning duty

You are obliged immediately to examine the goods deliveries and performances rendered by us for contract dentity, defect liberty and completeness and immediately to show these to us, if differences or defects let themselves be seen. You refrain from the display, our goods or performance is so regarded as approved unless that it is a defect which wasn't recognizable at the examination. If such a defect lets itself be seen later, then you must immediately report us to these after discovery; our goods or performance is regarded as approved otherwise also with regard to this defect. If our goods or performance is regarded as approved, you are excluded also with redress claims according to german law §§ 437 pp., 478 BGB.

6. Duties of the licensee

You are obliged:

  • convincing oneself of success and completeness of the data saving immediately after every data saving with Z-DBackup.

  • convincing oneself of success and completeness of the data saving immediately after every data saving with Z-DATdump.

We recommend a regular data saving and the storage of the backup medias at a particularly protected place.

7. Guarantee

We guarantee according to the legal regulations as far as not something else is regulated followingly. We can the type chosen by you of the after-fulfillment notwithstanding after refuse § 275 Abs.2 and 3 BGB of german law if it disproportionate possible for costs only. In this case your after-fulfillment claim confines itself to the other way of the after-fulfillment; our right also to refuse these if she is possible only with disproportionate costs remains untouched. You entitle insignificant defects to the resignation of the contract on no account. If we notice that a defect claimed by you of the thing delivered by us is based on the defectiveness of a thing delivered by one of our suppliers, we inform you about it in writing and our guarantee and redress claims kick the supplier off to you. In this case you can assert guarantee and redress claims against us only when you have without success provably asserted guarantee or redress claims against our supplier before. Your guarantee claims are in lapse in a year. The limitation starts with the removal of the work on the delivery of goods with the delivery and at work performances. Your redress claims against us according to §§ 437 pp., 478 BGB are in lapse according to § 479 BGB of germans laws.

8. Liability

We are liable for all damages which have deliberately or roughly been caused by us or our executives negligently. We are also liable for the culpable injury of essential contractual duties as far as a violation of these endangers the attainment of the contract purpose. All claims for compensation are, particularly because of delay or breach of duty as well as extra-contractual claims, charges also failed because of escaped profit, savings failed to appear, escaped use advantages, indirect damages and resultant damages excluded as for the rest against us. Furthermore possible claims for compensation are after the height limits foreseeable damage on it at contract end; For us claims this one because of the realization results for foreseeable excess risks, you cannot not assert, of. This limitation isn't valid as far as it is damages from the injury of the life, the body or the health which are based on a culpable breach of duty through us or on a culpable breach of duty of one our legal representative or one of our fulfillment assistants. Our legal liability because of an injury of health or life as well as according to the law about the liability for faulty products (product liability law) remains untouched of the prominent clauses.

9. Indications for the passing on of the freeware versions

Our freeware versions (standard edition) may be passed on (until revocation) on CD-ROMs, shareware floppy disks, in business and over network as long as: No money for the program is required itself, everyone is given to files true to the original, a link to our web site is published, you inform us about the publication.

10. Choice of Law - Jurisdiction

Place of jurisdiction is Berlin-Wedding as far as the customer is an enterprise, a legal entity of the public law or publicly legal separate property.

German law is valid it. The application of purchase of UN right is excluded.

11. Severability clause

If single terms of this contract should be or get ineffective, then the on the right effectiveness of the other regulations isn't touched by it.

Berlin, September 2007

 


Andreas Baumann
IMU Hard- und Softwareservice
Flottenstr. 58, D-13407 Berlin
Germany

Tel.: +49 30 - 409 109 62
Fax: +49 30 - 409 109 63
 

 

Responsible for these page frames according to the german laws § 5 TMG / § 6 MDStV:

Andreas Baumann


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