A contract can only be concluded with the acknowledgement of the following GTC. The GTC settle among other things the rights and duties that result from the use of the trial version or the license version.
The aim of the GTC is to standardize recurrent contracts so that individual arrangement are not necessary. So if the parties to this agreement acknowledge the GTC, the GTC become part of the contract automatically. If you don't agree with the following conditions, it doesn't come to a contract. This means to you, that you are not allowed to download or use Webetiser.
Because the GTC handle all important aspects, they are always a bit too long to read. In spite of this read them completely, please. They handle general duties, among other things duties that are derived from the German copyright law (UrhG §69a-g) that always applies to you.
Validity
These GTC apply to all contracts between Silvia Regina Eschen and the customer and all other arrangements, that are made within the scope of the business connection. These GTC apply exclusively; customer conditions that vary from these GTC are not acknowledged. These GTC are also valid if Silvia Regina Eschen is aware of the varying customer conditions and manages the delivery unreserved.
There exist two different types of contract: the first one is signed with the download or the installation of the trial version (have a look at "Software license - Trial version"). The second contract is signed with the incoming of the order for one or more license keys (have a look at "Software license - License version").
Prices
All prices are end user prices. They include the value-added tax, that is valid at the moment of the order, exclusive costs for packing, shipment or other extras.
Payment Conditions
All payments become due immediately without discount after sending the license key.
If Silvia Regina Eschen accepts a check, the payment is cashed with the deposit; cash discount and fees have to be paid by the customer.
If the customer defaults, then Silvia Regina Eschen is entitled to overcharge interest on arrears 4% above the discount rate of the Deutsche Bundesbank per year. If Silvia Regina Eschen is in position to prove a higher loss to the customer, she is allowed to enforce it to the customer. The customer is allowed to show Silvia Regina Eschen, that the loss through the default of payment does not exist or is essentially lower.
The default of payment or the set of against an undisputed and effective charge of the customer is not allowed.
Without a written permission by Silvia Regina Eschen the customer is not allowed to cede its rights from legal transactions with Silvia Regina Eschen to a third party.
If payments are not observed, Silvia Regina Eschen is allowed to withdraw from the contract completely or partly and claim the deletion of the original license key and all its copies. The liability has to be certified in written form by the customer.
The delivery time for license keys mentioned by Silvia Regina Eschen is without obligation. The delivery of license keys is processed exclusive electronically via email. The customer has to care for the prevention of improper use of the license key information.
All offers are without engagement.
Liability Exclusion, Defects, Guarantee
Webetiser is developed according to modern software development standards. However errors can't be ruled out. So a general use can't be guaranteed. Technical data, specifications and capabilities can't be assured. Also it's not guaranteed that this software is useful for any purpose. With the trial version you have the possibility to prove this question. If you license this software, you take it as it is and you have no right to get a touch up or an extension. You have the possibility to report errors in a standardized way, however, so that these errors can be removed in the next releases (through the release management). The use of next releases is not always for free (e.g. when the main version number changes).
For any kind of damage that could arise through the use of Webetiser Silvia Regina Eschen is not be liable, except that culpable negligence or criminal intent could be proved against Silvia Regina Eschen. The damage costs can't be higher than the license fee.
The customer is pointed out to be careful and backup all data, that are connected with the use of Webetiser regularly. A liability for the loss of analyzed documents, project options, created search engines or changed search engine templates is not accepted. The customer has to care for a backup before a new release is installed over an existing one.
The customer is liable for use or copy of search engines, that are the result of an analysis of copyrighted material with no permission. Silvia Regina Eschen accepts no liability for copyright violations committed by use of Webetiser.
All third party products used in connection with Webetiser have to be proved for their copyright conditions before use. The use of the third party products is independent from Webetiser. Even if the use of third party programs is offered automatically, their use is only allowed, when their copyright conditions allow this kind of use. Before the first use the customer should know if the use is allowed. Silvia Regina Eschen does not accept liability for violations.
All other claims of damage against Silvia Regina Eschen, no matter which legal basis - especially delay, nonperformance, fault on entering into the contract, positive violation or liability for consulting - are excluded except for culpable negligence or criminal intent. The liability for damage caused by non foreseen incidents is not accepted (no matter which legal basis).
Software Use
Generally the extensions to the copyright act (Urheberrechtsgesetz (UrhG §69a-g)) become effective.
Trial Version
Webetiser is distributed as Trialware. The trial version can be changed to a license version by a license key (without new installation). The following conditions become effective:
The trial period is 30 test days. A test day is added when the
application was really used. More than one call during a day don't influence
the count. The count starts with the installation. The number of used test days
is shown at start time of the application.
Every application shows a Trialware dialog at start time. The created
search engines show a hint at the end of the hitlist. For the rest the trial
version and the license version are equal.
You are only allowed to use one test installation on every
computer. To test different configurations you can install on different
computers, when every one is without network connection.
A test on computers with network connection with an installation of
an application of the Webetiser Tools on a server is a test installation for
every single computer. You are not allowed to install another copy on one of
the connected computers.
The distribution archive is only allowed to copy without change and
in its original form distributed by Silvia Regina Eschen. Bundling,
pre-installation, deletion, adding or changing of existing files is not
allowed.
The distribution on disk, (magazine) CDROM, over network, like the
Internet, is allowed without restriction, as far as it is pointed to these GTC
and especially to the Trialware character of the software.
The distribution of created search engines is not allowed. The change
of the HTML/JavaScript code is allowed, as far as the mechanism to create the
copyright line and the contents of this line at the end of the hitlist is not
changed. This is valid especially for the "no license" hint. The use is
restricted to test, productive use is illegal.
All possibilities of use and distribution not mentioned here are
illegal.
License Version
For a trial version that is changed to a license version with a license key the following conditions become effective:
You are allowed to install the license version on as many computers
as you like. But you are only allowed to use one copy at one time. As this
can't be controlled sufficiently outside a single team the following is valid:
if different teams or departments of companies use the software, every team or
department has to buy at least one license.
You are not allowed to distribute your personal license key. But you
are allowed to use or distribute the trial version (according to the conditions
mentioned in "Trial version") without the license key at any time.
The distribution of created search engines as part of the analyzed
web pages is generally allowed. But you have to ask the person, that holds the
copyright of the analyzed material for permission, before you are allowed to use
the search engine that way.
You are allowed to change the code of the created search engines to
adapt them to your style. Only the mechanism for creation of the copyright line
and its contents at the end of the hitlist have to be unchanged. Specific licenses allow you to change or delete the copyright hints.
All possibilities of use and distribution not mentioned here are
illegal.
The license key is valid for all releases with the same major number. If you have licensed the version 3.0 you can use the key also for the versions 3.1, 3.2 etc. The change of the major number needs an update key that is cheaper than a regular key.
Data Protection
The customer agrees to the electronic storage and processing of personal data reached during the business connection. The data will not be made accessible to a third party.
Transfer Interdiction
The transfer a all claims of the customer effected in the business connection with Silvia Regina Eschen is excluded.
Setting Off Interdiction
The setting of other than undisputed and final claims is excluded. The assertion of keeping back against charge needs the agreement of Silvia Regina Eschen.
Inoperative Parts
If a provision of these conditions or the corresponding contract should be inoperative, the other provisions remain valid. This is also true, if it comes to light, that a loophole exists. Inoperative provisions are to replace with provisions, that reach the aimed economical success of both parties in a legal and practicable way.
Support
Generally support is only be available for license versions. If time is available support can be granted for trial versions, too, if you inquire it.
Inquiries are only processed when they are sent by email. The processing order is determined by the date of receipt. As no orderly working hours be guaranteed no fixed period of processing is guaranteed, too. It is ensured that inquiries be processed as soon as possible.
Place of Fulfillment and Applicable Law
Place of fulfillment with all contract disputes is Fulda/Hessen/Germany. This is also valid if the customer's place of residence or usual whereabouts is unknown at the moment of institute proceedings. Only the law and jurisdiction of the Federal Republic of Germany is valid, excluding the United Nations Conventions on Contracts for the International Sale of Goods (CISG).
