Terms and Conditions and License Agreement
Current stand: 02.01.2024
NOTICE: With the installation and use of the freeware and demo versions, no financial commitment is assumed. The freeware is completely free without any commitments. The General Terms And Conditions (GTC) and the Software License Agreement (SLA) are binding only in this points, which are applicable on the free trial use, for example authorship, liability, place of jurisdiction and so on. There are no further commitments.
These GTCs apply to downloaded versions between you (either a natural or a legal entity) and Bauskript - Software, Dipl. Ing. Wolfram Oehms, hereinafter called "Bauskript".
1. Effectiveness
The business relationship between Bauskript and the purchaser is exclusively governed by the General Terms and Conditions below in the version that was applicable at the time of ordering. Bauskript will not accept any deviating terms brought forward by purchaser unless Bauskript has given its express written consent that these terms apply. Purchaser agrees to these GTCs and the terms of the license agreement with each download of data.
2. Conclusion of an agreement
When purchaser/licensee clicks the respective button, the license agreement for the data is deemed legally binding, licensee agrees to all terms and conditions of the license agreement that is displayed on the website and when the software is installed. Bauskript undertakes to accept licensee’s order under the terms and conditions displayed on the website. Licensee undertakes to pay the invoiced amount.
3. Withdrawal
Demo and test versions are available to the licensee to check whether the software meets licensee’s requirements, has the functionality expected, and can run on licensee’s EDP system before licensee enters into, and pays for, a license agreement. Licensee can thus obtain a comprehensive preview of the features the subject matter of this agreement has before concluding, and paying for, a license agreement. After licensee has entered into a license agreement and paid the license fees, the software cannot be returned and licensee cannot withdraw from the agreement any more.
4. Delivery
Unless agreed otherwise, the software is delivered to licensee by a download from our server immediately after the agreement has been concluded. Licensee is responsible for saving the data on a data carrier and for creating backup copies. If the download fails, it may be repeated after reporting the failure to Bauskript. If licensee wishes to have the software mailed to licensee on a data carrier, licensee will bear the extra cost.
5. Maturity of payment, delay
The license fee is due when placing the order. Licensee receives an invoice to the email address provided for licensee to print and file. Payment is made by direct debiting. If there is a delay in payment because licensee’s bank account lacks sufficient funds, Bauskript is entitled to collect default interest in the amount of the Prime Rate announced by Deutsche Bundesbank plus 4 percent above the base rate and any bank fees incurred. If Bauskript can prove that the damage caused by the delay in payment was higher, Bauskript is entitled to assert its claim. It is agreed that a minimum fee of € 4.00 is incurred by each reminder.
6. Liability
Any liability for defects of the software is excluded. In particular, Bauskript does not warrant that the software meets the purchaser’s requirements and purposes and interacts with other programs and hardware combinations purchaser has selected. Any liability for damages sustained by licensee is excluded as well unless such damage was caused intentionally or in gross negligence by Bauskript. If licensee is a trader, liability for gross negligence is excluded as well.
7. Partial validity
If individual regulations of these GTCs are found to be, or become, fully or partially ineffective or incomplete, this does not affect the validity of the remaining provisions.
SOFTWARE LICENSE AGREEMENT
IMPORTANT - PLEASE READ CAREFULLY:
This License Agreement is a legal contract between you (either as a natural or legal entity) and Bauskript - Software, Dipl. Ing. Wolfram Oehms, hereinafter called "Bauskript."
1. Scope
By downloading the software, the licensee agrees to the terms and conditions of this License Agreement as well as the general terms and conditions (GTC). The GTC are attached to this Agreement and constitute a part thereof.
2. Subject of this Agreement
The subject of this License Agreement is called the provided software and/or spread-sheet files, hereinafter called "data". The data is protected by copyright laws, international rights as well as other intellectual property laws and agreements. The data is not sold but licensed. It is understood that it is impossible at today's state of the art to provide data that works error-free in all combinations and applications, so that the subject of this Agreement warrants only data, that is generally usable as described.
3. Range of use
The licensee is granted the simple, non-exclusive and personal right to use a copy of the data on a standalone computer and at only one location for the duration of the Agreement The licensee may access a registered version of the data via a network server with the proviso that licensee has acquired a license for each workstation that accesses the data over the network. If multiple workstations access the data over the network, each of the workstations must have its own license for the data, no matter whether the data is used by all of themat the same time or to different times.
4. Special restrictions
Passing this version on to other persons is forbidden. Passing on a changed version of the data under the same or a different name is forbidden.
5. Duplication
The data is protected under copyright law. It may only be multiplied for creating backup copies.
6. Duration of this Agreement
The licensee's right to use the data expires automatically without prior notice if any term or condition hereunder is violated. Licensee will be obligated to destroy the original as well as all backup copies of the data immediately.
7. Payment of damages in the event of a violation of this Agreement
The licensee is liable for all damages occurring to Bauskript due to a breach of this Agreement.
8. Changes and updates
Bauskript is entitled to update the data at its discretion and to produce new or corrected versions at its discretion. Any replacement or update of the data takes place upon request of the licensee and only against payment of the fee set by Bauskript for each update.
9. Liability
Any liability by Bauskript for defects of the data is excluded. In particular, Bauskript does not warrant that the data meets the purchaser's requirements and purposes and interacts with other programs and hardware combinations purchaser has selected. Any liability for damages sustained by the licensee is excluded as well unless caused intentionally or in gross negligence by Bauskript. If the licensee is a trader liability for gross negligence is excluded as well.
10. Applicable law and place of jurisdiction
This agreement is subject to German law under exclusion of the UN Sales Convention. As far as allowed by law, the exclusive place of jurisdiction for all claims pertaining to this business relationship is Hamburg (Germany). Bauskript is entitled to file a complaint at licensee’s place of jurisdiction.
11. Partial validity
If individual regulations of this License Agreement are found to be, or become, fully or partially ineffective or incomplete, this does not affect the validity of the remaining provisions of this License Agreement.