Our terms and conditions
If you are a dealer/reseller, please click here.
GTC for consumers (B2C):
Preamble
The company Software Researches, owned by Mr. Thomas Scholten, An der Feichten 8, 82229 Seefeld, Germany (hereinafter referred to as "Software Researches"), operates, among others, an online shop for consumers (hereinafter referred to as "Private Customer") on the Internet under the URL http://www.softwareresearches.net. In this online shop, Private Customers are able to purchase software products of different manufacturers from Software Researches.
1. Scope of Application
1.1 The use of the portal offered by Software Researches by Private Customers is exclusively subject to these General Terms and Conditions (GTC). They are incorporated in the agreement by the so-called Click Wrap Agreement and accepted by the Private Customer. The GTC can be retrieved online at any time.
1.2 These GTC also apply to agreements concluded with Private Customers from other countries than Germany.
2. Conclusion of the Purchase Agreement
2.1 The Private Customer places a binding offer for the conclusion of a purchase agreement regarding the goods in the shopping basket by clicking the "Order" button during an online order process. Subsequently, they will receive a confirmation email which informs the Private Customer that Software Researches has received the order. Software Researches accepts the offer made by the Private Customer (and thus concludes the agreement) by providing the service / software, or the latter are provided directly by the relating manufacturer. This provision is normally performed by sending a relating link, including a license key by email which can be used to download the software.
2.2 The data requested during the order process must be provided completely and correctly. The Private Customer is responsible for the completeness and correctness of these data.
3. Creation of a Customer Account
3.1 Precondition for the use of a customer account under the URL "www.softwareresearches.net" is the registration as Private Customer. Such a registration can be made free of charge and is made by completing the online application form available under www.softwareresearches.net or by allocating a password during the order process.
3.2 When Software Researches has received the application form or the order, a confirmation of receipt will be sent to the Private Customer using the email address stated by the latter in the application/order. Subsequently, the customer account will be activated for the Private Customer who will be informed thereof by email. The Private Customer has no claim for registration.
3.3 The Private Customer shall ensure that their access data (user name and password) are not accessible to any third parties. The Private Customer is, in particular, prohibited to provide to third parties any access data or the license key they received - unless otherwise provided for in these GTC - without having obtained a relating written consent by Software Researches. The Private Customer should change their password in regular intervals for their own protection and to ensure the security on the Internet.
3.4 Insofar as there is a justified suspicion of an unauthorised use of the access data of a Private Customer by a third party, Software Researches will be entitled to block the affected access and to send new access data to the Private Customer.
3.5 The customer account may be deleted by the Private Customer at any time.
4. Payment Terms
The billing is performed according to the payment method selected by the Private Customer during the order process.
5. Retention of Title
5.1 The software remains the property of Software Researches until it was paid for in full.
5.2 When the retention of title is enforced, the Private Customer's right to continue using / to sell the software becomes null and void. The Private Customer must immediately delete any and all copies of the program.
6. Right of revocation
6.1 In accordance with article 812 d BGB [German Civil Code] the customer is entitled to power of revocation on principle unless excluded by law or already expired. They will be informed of it in a separate statement.
6.2 In accordance with article 312 d clause 4 BGB the power of revocation does not apply for distant sales agreements including but not limited to...
a) delivery of goods manufactured according to customer specifications or clearly designed for personal needs or the goods are not suitable to be sent back due to their composition,
b) delivery of audio or video recordings or software if the delivered data carriers had been unsealed by you.
7. Warranty / Liability
7.1 Software Researches does not accept any liability for direct or indirect damage, unless it was caused by intent or gross negligence. This exclusion of liability also includes the liability of employees, legal representatives as well as vicarious agents of Software Researches. Any liability based on characteristics / guarantees promised by Software Researches or due to product liability will remain unaffected.
7.2 Software Researches' liability for slight negligence on their merits will only be accepted outside of the agreement insofar as it refers to the infringement of duties whose proper compliance enables the performance of the agreement, whose infringement endangers the achievement of the purpose of the agreement and which the Private Customer relies on to be complied with (so-called cardinal duties). Insofar as the infringement of such essential duties is concerned, the liability for indirect damage, in particular for lost profits and consequential damage arising from the defect, shall be excluded.
7.3 The exclusions of liability mentioned above do not apply in case of injury of life, body and health. The liability according to the product liability law remains unaffected.
7.4 Software Researches does not accept any warranty for correctness, completeness and topicality of the information on the portal under www.softwareresearches.net.
8. Data Protection
8.1 The personal data provided by the Private Customer during registration will only be acquired, stored, processed and used by Software Researches insofar as this is required for the provision and use of the services offered, the shipment of goods as well as for billing purposes - unless otherwise provided for below.
8.2 The Private Customer agrees that their usage data may be disclosed to third parties insofar as this is necessary and required to perform the contractual relations between the parties.
8.3 When the registration is completed, the personal data will be deleted by Software Researches immediately after the completion of all orders which might still exist.
8.4 Software Researches undertakes, in particular, to comply with the applicable data protection provisions, in particular the provisions of the Bundesdatenschutzgesetz (BDSG - Federal Data Protection Act) and the Telemediengesetz (TMG - German Tele Media Act).
9. Rights of Use
9.1 Software Researches grants the Private Customer a non-exclusive, non-sublicensable right to use the software acquired which, depending on the software license, might be unlimited or limited relating to space and time. The software may be copied for the purpose of storing it on the hard disk or any other storage medium intended for the intended use and it may be copied to use the program by uploading it to the working memory.
9.2 In addition, the Private Customer is entitled to create a relating backup copy of the software. As the software is only available for download for a short period of time, the Private Customer must ensure that they download it immediately according to the instructions given by the manufacturer, that they immediately store the relating license key and create a relating backup copy.
10. Provision to Third Parties
10.1 Any provision of the software to third parties is fundamentally prohibited, unless Software Researches or the manufacturer have given their written consent.
10.2 One exception applies,
- if the Private Customer themselves finally delete the software, including any back-up copies as well as the license key,
- if the applicable license key is transferred together with the provision of the software, and
- if the third party expressively agrees with the provisions of these GTC. Prior to the provision of the software, the Private Customer must inform the third party expressively about these GTC.
11. Indemnification
The Private Customer will indemnify Software Researches against claims by third parties which are based on an infringement of these GTC or the applicable laws (in particular copyright laws) by the Private Customer. This indemnification also comprises the reimbursement of any costs which might arise for legal defence.
12. Miscellaneous Provisions
12.1 The laws of the Federal Republic of Germany apply exclusively, the United Nations Convention on the International Sale of Goods is excluded.
12.2 Amendments shall be made in writing to be effective. This applies also to the waiver of this written form clause.
12.3 The parties agree that Software Researches' place of business will be the place of jurisdiction for any disputes arising from this Agreement, if
- the Private Customer has no general place of jurisdiction in the domestic country,
- the place of residence or the habitual residence of the Private Customer is unknown at the time of the commencement of the proceedings, or
- the Private Customer has transferred their place of residence or habitual residence to a foreign country after the conclusion of the Agreement.
General Terms and Conditions for Dealers / Resellers (B2B):
Preamble
The company Software Researches, owned by Mr. Thomas Scholten, An der Feichten 8, 82229 Seefeld, Germany (hereinafter referred to as "Software Researches"), operates, among others, an online shop for registered dealers (hereinafter referred to as "Dealers") on the Internet under the URL http://www.softwareresearches.net. In this online shop, Dealers are able to purchase software products of different manufacturers from Software Researches.
1. Scope of Application
1.1 The use of the portal offered by Software Researches by Dealers is exclusively subject to these General Terms and Conditions (GTC). They are incorporated in the agreement by the so-called Click Wrap Agreement and accepted by the Dealer. The GTC can be retrieved online at any time.
1.2 General Terms and Conditions of Dealers will not apply in this connection, irrespective of whether Software Researches expressly contradicts them or not.
1.3 These GTC also apply to agreements concluded with Dealers from other countries than Germany.
2. Conclusion of the Purchase Agreement
2.1 The Dealer places a binding offer for the conclusion of a purchase agreement regarding the goods in the shopping basket by clicking the "Order" button during an online order process.
Subsequently, they will receive a confirmation email which informs the Dealer that Software Researches has received the order.
If the Dealer has provided evidence of their capacity as a dealer, the service / software will be provided by Software Researches or directly by the relating manufacturer. This provision is normally performed by sending a relating link, including a license key by email which can be used to download the software. Software Researches only accepts the offer made by the Dealer (and thus concludes the Agreement) at the time of this provision.
2.2 The data requested during the order process must be provided completely and correctly. The Dealer is responsible for the completeness and correctness of these data.
3. Creation of a Customer Account
3.1 Precondition for the use of a customer account under the URL "www.softwareresearches.net" is the registration as Dealer. Such a registration can be made free of charge and is made by completing the online application form available under www.softwareresearches.net or by allocating a password during the order process and by subsequently sending the Gewerbeschein (Germany Trading License) by fax or email.
3.2 When Software Researches has received the application form or the order, a confirmation of receipt will be sent to the Dealer using the email address stated by the latter in the application/order. After the receipt and verification of the Trading License, Software Researches will activate the access to the customer account and the Dealer will be informed thereof by email. The Dealer has no claim for registration.
3.3 The Dealer shall ensure that their access data (user name and password) are not accessible to any third parties. The Dealer is, in particular, prohibited to provide to third parties any access data or the license key they received - unless otherwise provided for in these GTC - without having obtained a relating written consent by Software Researches. The Dealer should change their password in regular intervals for their own protection and to ensure the security on the Internet.
3.4 Insofar as there is a justified suspicion of an unauthorised use of the access data of a Dealer by a third party, Software Researches will be entitled to block the affected access and to send new access data to the Dealer.
3.5 The customer account may be deleted by the Dealer at any time.
4. Payment Terms
The billing is performed according to the payment method selected by the Dealer during the order process.
5. Retention of Title
5.1 The software remains the property of Software Researches until it was paid for in full.
5.2 When the retention of title is enforced, the Dealer's right to continue using / to sell the software becomes null and void. The latter must immediately delete any and all copies of the program.
6. Warranty
6.1 Complaints about concealed defects must be stated in writing immediately after their detection. In case of a failure to make such complaints, Software Researches' liability for any damage / costs which might have arisen already or which will arise shall be excluded. If these are obvious defects, any and all warranty rights of the Dealer shall be excluded if the latter fails to make the complaint immediately.
6.2 Claims from defects as to quality and defects of title will lapse within 12 months - except in case of damages.
7. Liability
7.1 Software Researches does not accept any liability for direct or indirect damage, unless it was caused by intent or gross negligence. This exclusion of liability also includes the liability of employees, legal representatives as well as vicarious agents of Software Researches. The liability based on characteristics / guarantees promised by Software Researches or due to product liability will remain unaffected.
7.2 Software Researches' liability for slight negligence on their merits will only be accepted outside of the agreement insofar as it refers to the infringement of duties whose proper compliance enables the performance of the agreement, whose infringement endangers the achievement of the purpose of the agreement and which the partner relies on to be complied with (so-called cardinal duties). Insofar as the infringement of such essential duties is concerned, the liability for indirect damage, in particular for lost profits and consequential damage arising from the defect, shall be excluded.
7.3 Furthermore, Software Researches' liability is limited to damage which is typical for the agreement, which was foreseeable upon conclusion of the agreement and which is outside of Software Researches' control. The amount of liability for such damage is limited to the typically foreseeable damage.
7.4 The exclusions of liability mentioned above do not apply in case of injury of life, body and health. The liability according to the product liability law remains unaffected.
7.5 Software Researches does not accept any warranty for correctness, completeness and topicality of the information on the dealer portal under www.softwareresearches.net.
8. Data Protection
8.1 The personal data provided by the Dealer during registration will only be acquired, stored, processed and used by Software Researches as this is required for the compliance with the contractual duties, in particular for the provision and use of the services offered, the shipment of goods as well as for billing purposes - unless otherwise provided for below.
8.2 The Dealer agrees that their usage data may be disclosed to third parties insofar as this is necessary and required to perform the contractual relations between the parties.
8.3 Insofar as the dealer program ended, the personal data will be deleted by Software Researches immediately after the completion of all orders which might still exist.
8.4 Software Researches undertakes, in particular, to comply with the applicable data protection provisions, in particular the provisions of the Bundesdatenschutzgesetz (BDSG - Federal Data Protection Act) and the Telemediengesetz (TMG - German Tele Media Act).
9. Rights of Use
9.1 Software Researches grants the Dealer a non-exclusive, non-sublicensable right to use the software acquired which, depending on the software license, might be unlimited or limited relating to space and time.
9.2 In addition, the Dealer is entitled to create a relating backup copy of the software. As the software is only available for download for a short period of time, the Dealer must ensure that they download it immediately according to the instructions given by the manufacturer, that they immediately store the relating license key and create a relating backup copy.
10. Provision to Third Parties
10.1 Any provision of the software to third parties is fundamentally prohibited, unless Software Researches or the manufacturer have given their written consent.
10.2 One exception applies,
- if the Dealer themselves delete the software, including any backup copies which might exist as well as the license key,
- if the applicable license key is transferred together with the provision of the software, and
- if the third party expressively agrees to the provisions of these GTC. Prior to the provision of the software, the Dealer must inform the third party expressively about these GTC.
11. Indemnification
The Dealer will indemnify Software Researches against claims by third parties which are based on an infringement of these GTC or the applicable laws (in particular copyright laws) by the Dealer. This indemnification also comprises the reimbursement of any costs which might arise for legal defence.
12. Miscellaneous Provisions
12.1 The laws of the Federal Republic of Germany apply exclusively, the United Nations Convention on the International Sale of Goods is excluded.
12.2 Amendments shall be made in writing to be effective. This applies also to the waiver of this written form clause.
12.3 The parties agree that Software Researches' place of business will be the place of jurisdiction for any disputes arising from this Agreement, if
- the Dealer has no general place of jurisdiction in the domestic country,
- the place of residence or the habitual residence of the Dealer is unknown at the time of the commencement of the proceedings, or
- the Dealer has transferred their place of residence or habitual residence to a foreign country after the conclusion of the Agreement.
