Terms and Conditions
Software Land’s (hereinafter “Software Land”) General Terms and Conditions for the Sale of Software
- Overview of the General Situation
- These General Terms and Conditions of Sale (hereinafter referred to as “Sale GTCs”) apply to all companies in the Software Land(hereinafter referred to as “Software Land”)
- These Sale GTCs will automatically apply in all circumstances when Software Land sells software licenses to its clients, whether online or offline.
- The version of the Sale GTCs in effect at the time of contract completion shall apply.
- Application Scope
- The Sale GTCs apply only; the customer’s deviation or extra terms and conditions, as well as the customer’s own terms and conditions, are not part of this contract, even if Software Land does not specifically object to them. Software Land unconditional acceptance of orders does not mean approval of any deviating or extra conditions, nor does it indicate approval of the customer’s terms and conditions.
- Only businesses, legal organizations under public law, and special funds under public law are covered by the Sale GTCs.
- Service Area, Service Features, and Contract Ending
- In Europe, Software Land is solely responsible for the distribution of software license rights. As a result, service entails the transfer of a software license to a set of software applications. The nations of the European Union, the other member states of the European Economic Area (EEA), and Switzerland are all included in the service area. The extensiveness of the use rights granted by the software license is determined by copyright law’s mandatory provisions, as well as the rights holder’s license terms (specifically, the appropriate contractual terms and conditions subject to PUR (Product User Rights), EULA (End User License Agreement), and other similar agreements).
- Client order forms will be regarded as an offer if they are signed by the customer. Within four weeks, Software Land may accept such an offer.
- Similarly, the product display in the online shop does not constitute a legally enforceable offer to enter into a sales contract. A customer’s order put in the online shop is also known as an offer, which Software Land may accept within four weeks.
- Making a binding offer to purchase (sec. 145 German Civil Code (BGB)) by clicking the order button in the final step of the purchasing procedure. A confirmation of receipt from Software Land does not imply that the customer’s offer to buy has been accepted.
- A contract of sale is only formed when Software Land confirms the order in writing, when a contract is individually completed, or when Software Land provides an invoice.
- The service content to be given is solely drawn from Software Land’s written order confirmation, individual contract conclusion, or Software Land’s issuing of an invoice.
- If the installation/activation of the software programs for which the customer has purchased software licence rights from Software Land, requires the entry of a number code issued by the rights holder, such as a product key, installation ID, product ID, etc. (hereinafter “activation code”), then one activation code will be included for each software licence right purchased within the scope of this agreement. When utilizing the activation code, one must strictly adhere to the entry procedure specified by the rights holder.
- It is not included in the scope of supply to provide a copy of the software program that is appropriate for installation. If clients do not have the required installation programs for installing the software program and are unable to obtain them (for example, via download from the rights holder’s homepage).
- Payment Conditions
- The prices agreed upon and published in the order confirmations or invoices apply. Those prices are given purely as net values, and they are subject to any additional legally relevant value-added tax, to the degree that national or international legislation demands it.
- Software Land bills are due right away, with no deductions for transfer or processing costs. In the case of a delay, the client is responsible for paying the legal default interest.
- If the purchase price charges being offset are not challenged by Software Land or have been validated by a legal authority, the customer has the ability to offset costs against a company linked with the Software Land Group that also holds a purchase price claim.
- Schedule and Delivery
- The order confirmation and/or the contract include delivery and service timetables. Delivery will take place between 2 to 15 business days unless otherwise agreed upon.
- All Software Land service commitments are contingent on Software Land receiving supplies on schedule. In the event of delayed supplies through no fault of Software Land, or in the event of other miscellaneous hindrances for which Software Land is not responsible, Software Land shall have the right to postpone the transfer of rights for an appropriate period of time without being liable for indemnification of costs or damages.
- There will be no service; system responsible.
- Software Land specializes in the sale of software licenses. Additional services, such as installation help, are not provided by the firm.
- The customer is completely responsible for the operability of the programs for which Software Land provided licensing rights, as well as any difficulties related to operating the programs. All liability for software defects and subsequent damages is disclaimed by Software Land.
- Guarantees, Liabilities, and Legal Rights
- The extent of Software Land’s liability for incurred damages is limited to willful misconduct and severe carelessness. This does not apply to damages for loss of life, body, or health. In addition, statutory requirements must be followed.
- Customer Data Privacy and Use for Order Processing
- The Data Privacy Declaration, which may be found at * outlines the requirements relating to data privacy. In addition to the Data Privacy Declaration, the customer accepts that Software Land may use data voluntarily submitted by the customer as needed within the scope of the contract’s performance, particularly for obtaining the activation code pursuant to 3 number 7, registering software licenses, and other similar operations on behalf of the customer.
- Other Things
- In order to be legitimate, all agreements and any other additional agreements that change or deviate from these requirements must be in writing. This also applies to the removal of the written form requirement.