Terms and Conditions & Customer infos

1. Scope of application
2. Subject matter of the contract
3. Conclusion of contract
4. Right of withdrawal
5. Remuneration
6. Delivery of the software
7. Granting of rights of use
8. Cooperation obligations of the licensee
9. Liability for defects
10. Applicable law
11. Place of jurisdiction

1. Scope of application

1.1 These General Terms and Conditions (hereinafter „GTC“) of Patrick Wagner, trading as „YAMREGS“ (hereinafter „Licensor“), apply to all contracts that a consumer or entrepreneur (hereinafter „Licensee“) concludes with the Licensor with regard to the software products (hereinafter „Software“) presented by the Licensor in its online store. The inclusion of the Licensee’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2 Subject matter of the contract

2.1 The subject matter of the contract is the provision of the software offered by the Licensor to the Licensee in electronic form, granting certain rights of use regulated in more detail in these GTC.

2.2 The licensee does not acquire any intellectual property rights to the software. The source code of the software is not part of the software provided.

2.3 The respective product description in the Licensor’s online store shall be decisive for the quality of the software provided by the Licensor. The Licensor does not owe any further quality of the software.

2.4 The installation is not part of the contract. In this respect, the Licensor refers to the installation instructions. This also applies in particular to the hardware and software environment in which the software is used.

2.5 Unless otherwise stated in the licensor’s product description, the licensee shall not receive any additional support services such as updates to the purchased software version (updates) or individual application support from the licensor.

3 Conclusion of contract

3.1 The software products described in the Licensor’s online store do not constitute binding offers on the part of the Licensor, but serve for the submission of a binding offer by the Licensee.

3.2 The Licensee can submit the offer via the online order form integrated into the Licensor’s online store. After placing the selected software in the virtual shopping cart and going through the electronic ordering process, the licensee submits a legally binding contractual offer with regard to the software contained in the shopping cart by clicking the button that concludes the ordering process.

3.3 The Licensor may accept the Licensee’s offer within five days,

– by sending the licensee a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the licensee is decisive in this respect, or

– by handing over the ordered software to the licensee, in which case receipt by the licensee is decisive, or

– by requesting payment from the Licensee after submission of the Licensee’s order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the Licensor does not accept the Licensee’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Licensee is no longer bound by his declaration of intent.

3.4 The period for accepting the offer begins on the day after the Licensee sends the offer and ends at the end of the fifth day following the sending of the offer.

3.5 When submitting an offer via the Licensor’s online order form, the text of the contract shall be saved by the Licensor and sent to the Licensee in text form (e.g. e-mail, fax or letter) after the Licensee’s order has been sent, together with these GTC.

3.6 Before submitting a binding order via the Licensor’s online order form, the Licensee can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, which enlarges the display on the screen. The licensee can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

3.7 Only the English language is available for the conclusion of the contract.

3.8 Order processing and contact are generally carried out by e-mail and automated order processing. The Licensee must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the Licensor can be received at this address.In particular, when using SPAM filters, the licensee must ensure that all e-mails sent by the licensor can be delivered.

4. Right of withdrawal

Consumers are generally entitled to a right of revocation. However, the right of revocation shall expire prematurely if the licensor has commenced performance of the contract after the licensee has expressly agreed that the licensor will commence performance of the contract before the expiry of the revocation period and the licensee has confirmed to the licensor that he is aware that he will lose his right of revocation upon commencement of performance of the contract.

5 Remuneration

5.1 The Licensor shall receive a flat-rate license fee for the provision of the Software and the granting of the necessary rights of use, the amount of which is specified in the respective product description.

5.2 The prices quoted by the Licensor are total prices.
The seller is a small business owner within the meaning of Section 19 (1) UStG and therefore does not charge VAT.

5.3 In the case of payments in countries outside the European Union, further costs may be incurred in individual cases for which the Licensor is not responsible and which are to be borne by the Licensee. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).

5.4 Various payment options are available to the Licensee, which are specified in the Licensor’s online store.

6 Delivery of the software

6.1 The Licensor shall effect delivery by making a digital copy of the Software available to the Licensee for download via the Internet. For this purpose, the Licensor shall provide the Licensee by e-mail with a link via which the Licensee can initiate the download of the digital copy and save the copy at a storage location of his choice.

6.2 The time at which the software is made available on the Internet and the licensee is notified of this shall be decisive for compliance with any delivery dates.

7 Granting of rights of use

7.1 The Licensor grants the Licensee a simple, perpetual, transferable right to use the Software in the agreed hardware and software environment for private purposes.

7.2 The licensee is granted a right to edit the software.

7.3 The leasing of the software is not permitted.

7.4 The Licensee is prohibited from removing and/or modifying any existing copy protection.

7.5 The Licensee undertakes to take appropriate technical and organizational measures to ensure that the Software is used as intended.

7.6 The Licensee is entitled to make a copy of the Software for backup purposes. The copies of the software serving the purpose of proper data backup are part of the intended use.

7.7 If the Licensee exercises its right to transfer the rights of use to a third party, it must impose its contractual obligations on the third party. The Licensee’s rights of use shall expire upon transfer. All existing copies of the software must be deleted.

7.8 The granting of rights shall only become effective in accordance with Section 158 (1) BGB once the Licensee has paid the remuneration owed in full.

7.9 If the Licensee seriously violates the agreed rights of use, the Licensor may extraordinarily terminate the permission to use the software concerned. This requires an unsuccessful warning with a reasonable deadline set by the Licensor

7.10. In the event of termination, the licensee is obliged to delete all existing copies of the software and to confirm this to the licensor in writing upon request.

7.11. The other statutory and contractual provisions shall remain unaffected.

8 Obligations of the Licensee to cooperate

8.1 The licensee must inform himself about the essential functional features of the software and bears the risk as to whether these correspond to his wishes and requirements. The Licensee is solely responsible for setting up a functional hardware and software environment for the Software that is sufficiently dimensioned, also taking into account the additional load caused by the Software.

8.2 The Licensee must observe the instructions provided by the Licensor for the installation and operation of the Software.

8.3 The Licensor recommends the Licensee to take appropriate precautions in the event that the Software does not work properly in whole or in part (e.g. by daily data backup, fault diagnosis, regular checking of data processing results) and to carry out a suitable backup of its data before installing the Software.

9. Liability for defects

If the software is defective, the provisions of statutory liability for defects shall apply.

10 Applicable law

The law of the Republic of Austria shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

11. Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller.If the customer is domiciled outside the territory of the Republic of Austria, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer’s place of business.