Terms and Conditions
Section I: Terms and Conditions
§1 Basis and Conclusion of Agreement
(1) The contractual relationship is subject to the following Terms and Conditions. Insofar as the Customer is also subject to Terms and Conditions, this agreement shall be in effect even without express agreement about the inclusion of those Terms and Conditions. Insofar as the different Terms and Conditions agree in their content, they shall be considered in agreement. In place of contradicting individual terms, the provisions of dispositive law apply. The same applies for the case in which the Terms and Conditions of the Customer contain provisions that are not contained in these Terms and Conditions. If the Terms and Conditions contain provisions that are not contained in the Terms and Conditions of the Customer, then these Terms and Conditions shall apply.
(2) All agreements that include a change, supplement, or specification of these contractual terms and conditions, as well as particular guarantee declarations and agreements, shall be in writing. If agreements are declared by representatives or vicarious agents of S.A.D., they shall only be binding if S.A.D. provides its written consent.
(3) The offerings on this Internet Website are subject to change.
(4) Statements from S.A.D. about product components shall only represent a declaration of guarantee if S.A.D. expressly refers to them as such.
(5) The exact process for accepting the user agreement is indicated in each offering. As soon as the Customer’s order arrives at S.A.D., the later shall confirm the order immediately. The confirmation shall be sent to the email address supplied by the Customer. The confirmation is not a receipt of the offering. The offering of the Customer is received in the moment that he or she begins the download of the software.
(6) The exact process for receiving the Software and accepting the user agreement is indicated in each offering.
§2 Right of Revocation
(1) Customers who do not use Software for commercial or for independent personal services shall be entitled to revoke this agreement in accordance with the return and revocation instruction.
(2) The two-week return and revocation period shall begin upon the Customer’s receipt of the Software and this instruction.
The Customer has a two-week period in which he or she can revoke the agreement without providing reasons. The lawful right to revocation does not apply to instances, specified by law, in which the buyer unseals product packaging (e.g., audio or video recordings such as CDs, video cassettes, and DVDs as well as Software). Nor does it apply to services that are performed, through the express wish of the User or caused by the User him- or herself, before the end of the revocation period. The two-week period begins with the receipt of the product and instruction, though not earlier than with the receipt of the product. If the value of the ordered product is less than 40.00 € the User shall pay for the return shipping costs. We reserve the right to reduce the worth of the product due to excessive use. The customer may demonstrate that this reduction is unjustified or that the reduced sum is too high. If the value of the ordered product is in excess of 40.00 € we can demand return shipping costs from the Customer if the Customer has not already remunerated the amount, in whole or in part, and the returned product does not correspond to the ordered Product. Otherwise the return shipping shall be free.
Revocations should be sent to the following address:
S.A.D. GmbH
Online-Shops
Rötelbachstraße 91
89079 Ulm
Tel. +49 (0) 7305 96 29-0
Fax. +49 (0) 7305 96 29-33
kontakt@s-a-d.de
Summonable Address:
S.A.D. Software Vertriebs- und Produktions GmbH
Geschäftsführer Thomas Herrmann
Rötelbachstraße 91
89079 Ulm
(3) The right to revocation does not apply to Software available for download. The right to revocation granted to the Customer by law expires once the download of this Software is completed.
(4) Many software manufacturers whose products are made available on the natado portal condition the use of their Software on the user’s acceptance of their respective license terms. Current technology does not permit the Customer to read these license terms until the download has been completed. Should the Customer not accept these license terms, the Customer may withdrawal from this agreement and must thereupon delete the software.
§3 Object and Form of Delivery; Reservation of Subrogation
(1) Der Kunde erhält die vertragsgegenständliche Software in ausführbarer Form (Objektcode) gemeinsam mit der dazu von S.A.D. freigegebenen Dokumentation.
(2) Die Software hat die in der Artikelbeschreibung angegebene Funktionalität. S.A.D. weist darauf hin, daß die Funktionalität der Software nur in der beschriebenen Systemumgebung (das zum Betrieb der Software erforderliche Betriebssystem, eventuell erforderliche Zusatzprogramme und erforderliche Hardwarevoraussetzungen) gewährleistet wird. Abweichungen können zu Funktionseinbußen der Software führen.
(3) Die Lieferung erfolgt im Regelfall, indem S.A.D. dem Kunden eine Möglichkeit zum Download der Software zur Verfügung stellt. In einigen Fällen erfolgt die Lieferung durch die Übermittlung eines Schlüssels zum Download an die im Bestellformular angegebene Liefer-E-Mail-Adresse und dem Bereitstellen einer Möglichkeit zum Download des Programms.
(4) Werden Updatelieferungen vereinbart (Updatevertrag), so werden die Updates in derselben Art und Weise geliefert wie die erste Softwarelieferung.
(5) Änderungen der Lieferadresse oder Liefer-E-Mail-Adresse werden bei Updatelieferungen nur berücksichtigt, wenn dies rechtzeitig mindestens zwei Wochen vor der Updatelieferung entweder schriftlich oder per E-Mail an die in § 2 angegebene Adresse bzw. E-Mail-Adresse mitgeteilt wurde.
(6) Eine Hardcopy (Ausgedruckte Version) der Dokumentation wird nicht mitgeliefert. Die Dokumentation besteht im Wesentlichen aus elektronischen Hilfen.
§4 User Licenses
The terms for the transfer of user licenses are based on the provisions of the End User License Agreement (EULA) of the respective product manufacturer.
The EULA for products manufactured by S.A.D results from the EULA of the S.A.D. company. This is the main component of this agreement.
§5 Payment
(1) The prices indicated include VAT. They do not include the online costs charged by the Customer’s Internet Service Provider, especially with regard to download time.
(2) Payment with ClickandBuy: The terms and conditions as well as payment terms of ClickandBuy shall apply. Go to the terms and conditions of ClickandBuy.
(3) Payment with Paypal: The terms and conditions as well as payment terms of PayPal shall apply. Go to the terms and conditions of PayPal.
(4) S.A.D. is entitled to pass on the data it receives to a third party insofar as said third party requires this data for collection.
(5) License for use is not granted until the complete payment of the purchase price. Use is tolerated up until this time, but can be revoked at any point. Should a third party access an item subject to reservation of title before the complete payment of the Software pertaining to this agreement, the Customer is obligated to notify the third party about S.A.D.’s reservation of title and to notify S.A.D. immediately in writing about the access of the third party.
(6) The customer may only settle claims recognized by S.A.D. or supported by a legally-binding decision.
§6 Warranty – Sales Agreement
(1) Warranty claims for defects shall only apply when programs are used in a system environment recommended by S.A.D. or one common at the time of use. The term “system environment” refers to the hardware and software necessary for the proper operation of the software.
(2) The warranty begins the moment the download is finished and any license key has been transmitted.
(3) If legal or technical provisions change shortly before the planned transfer that affect the availability of a function, then S.A.D. can ask for a reasonable extension of the period of rectification.
(4) In case of defect, S.A.D. is entitled to attempt a rectification. Only after a reasonable number of rectification attempts within a reasonable period of time is the Customer entitled to demand an abatement, to withdrawal from the agreement, and/or to claim damages.
(5) In case of a defect that restricts the program function only insignificantly, the Customer is not entitled to revoke the agreement or to claim damages. In this event, the Customer shall remain entitled to an abatement.
§7 Liability
(1) S.A.D. shall not be held liable for lost profits, especially opportunities and expectations.
(2) In the case of a transfer of evaluation licenses (for free trail versions) S.A.D. shall only be held liable in instances of willful intent or gross negligence. The exclusion or limitation of S.A.D.’s liability also applies to the personal liability of its organizations, employees, representatives, and vicarious agents.
§8 Data Protection
The Customer shall be responsible for regular file back-ups. Should S.A.D. be responsible for a loss of data, it shall only be liable for the costs of file reproduction and the creation of back-up copies by the Customer, and for the restoring of files that would have been lost during a proper file back-up.
§9 Final Provisions
(1) The parties agree to use the law of the Federal Republic of Germany with regard to all legal relations arising from this contractual relationship.
(2) If the purchaser does not possess a general jurisdiction in Germany, if the purchaser moves his or her domicile or main place of residency to outside Germany or from outside Germany after accepting this agreement, or if the purchaser’s domicile or main place of residency is not known at the time of legal action, then the place of jurisdiction shall be Ulm.
Section II: End User License Agreement for Trial Versions
§1 General
This agreement governs the transfer of the Software license. The terms for the transfer of license and their contents derive from the EULA (End User License Agreement) of the manufacturers’ individual software products.
The terms of use for trial versions deviate from the normal terms of use as follows:
§2 User License
(1) You shall receive the basic software license without any restriction to place for the length of the trial period. This license encompasses only permission to load the program on a work station and to copy it for use purposes. This license shall transfer no additional rights.
(2) Without prior written consent from S.A.D., the customer shall not be entitled to transfer this license to third parties or grant those third parties licenses to use this Software.
(3) The Customer promises to make available neither originals nor complete or partial copies of Software and documentation to third parties without the express written consent of the manufacturer.
(4) The period of limitation of the license is stated in the respective offering.
(5) The purpose of the transfer of license is to allow customers to try the program for a limited period of time.
(6) After the end of this period, the Customer must immediately delete the trial version along with any copies of it, unless the customer has acquired an additional software license by this time.
§3 Warranty
As the agreement involves a trial version made available to the Customer at no charge, S.A.D. shall provide no warranty whatsoever unless it fraudulently conceals a defect of title or product.
§4 Limitation of Liability
(1) S.A.D. shall only be held liable for cases of willful intent or gross negligence.
(2) The above limitation of S.A.D.’s liability shall also apply to the personal liability of the organizations, employees, representatives, and vicarious agents of the manufacturers’.
§5 Performance and Termination
S.A.D. may terminate the agreement at any time. Termination of agreement invalidates the Customer’s user license.