The present GBC are valid from 10/01/2004 with regard to all legal transactions of González-Rivero TransdatiX, hereinafter called TransdatiX.
The present GBC also pertain to use of the web sites maintained by TransdatiX.
§1 TransdatiX Products
1. Products manufactured by TransdatiX shall be thoroughly checked as for its functionality within the framework of the prerequisites for use as specified. Other conditions of use not referred to in particular may affect the operation of TransdatiX products. TransdatiX strives to maintain use of its products as universal as possible, but they are not able to warrant functionality of their products within any arbitrary condition of operation.
2. Use of TransdatiX products, based upon acknowledgement of the product specific licence agreement, will be possible at any time. The licence agreement, as a part of the product, is delivered therein. Acknowledgement of the licence agreement will be expressed during installation of the software, during which the entire text of the product's licence agreement will be displayed. The agreement can be terminated at any time next to terminating use of the particular product and removal of any installation from the operating environment which would render possible a non-licenced use of the product therein.
3. TransdatiX products are protected by international copyright and trademark law, as well as by agreements to protect intellectual property.
4. Any use, duplication or distribution of TransdatiX products contrary to the conditions of the particular license agreement is expressly prohibited.
5. TransdatiX maintains the right to change the features and properties of its software products, of their respective documentations, and of all related components or future versions without prior notice.
6. In some countries and states owning, using and exporting cryptographic products may be subject to particular legal and administrative restrictions. Please refer to your relevant authority for details.
§2 Pricing
1. If not specified otherwise, prices published by TransdatiX do not contain VAT.
2. If not specified otherwise, all published prices are end user prices. Pricing for business partners may deviate from end user prices. There is no legal claim for a price more favourable than end user price.
3. Price changes may take effect any time, even without prior notice. This also applies to web pages run by TransdatiX.
4. If not specified otherwise, individually drafted quotes are valid during 14 days following issue.
5. TransdatiX takes great care to properly establish and maintain prices. This does not exclude, however, the possibility of errors and misapprehensions.
§3 Execution of Legal Transactions
1. Orders will only be accepted in writ and will be forwarded either by mail service or electronically via facsimile, e-mail or modes of transmittion made available by TransdatiX. An order must contain unambiguous reference to the sender and must clearly identify the products or services ordered. Any order failing to meet these standards cannot be processed.
2. TransdatiX habitually confirms acceptance of orders the same way they have been received. There is no legal claim to receive a confirmation of order acceptance. TransdatiX assert their right to refuse orders without having to name the reasons therefore.
3. Certain products or service may necessitate particular prerequisites as clearly specified during the process of filing an order. If the purchaser will not meet these prerequisites even a confirmed order shall be classified as cancelled by the client. Any costs caused to TransdatiX on that grounds shall be invoiced to the purchaser to the measure of expenditure on the grounds of current prices. This particularly applies if it can be verified only following order confirmation whether pre-requisites are met.
4. Invoices shall be settled on the grounds of the payment conditions as specified. If no other payment conditions have been agreed upon, invoices shall be settled following receipt of the invoice without deductions.
5. Payments shall be transferred directly to TransdatiX’s bank account as specified on the invoice.
6. If payments are not transferred in due time, late interest will be invoiced according to bank rates as a reminder charge. TransdatiX will issue two reminders. If a payment due will not be settled following two reminders, TransdatiX may cede its claims to a third party who will recover due payments in their name.
§ 4 Delivery
1. TransdatiX warrants delivery of their products in a technically faultless state, within the framework of the terms of transport and delivery agreed with the haulage firm.
2. If a product is downloaded via the Internet, the download process shall be considered as delivery. Should this process be interrupted or unsuccessful for any other reason, the purchaser is entitled to repeatedly attempt download until delivery is successful. TransdatiX does not guarantee any download speed or time.
§5 Liability
1. TransdatiX products may be used commerially and non-commercially. Any liability shall be excluded. Licencees or users are solely themselves responsible for any damage resulting from use of TransdatiX products. Licencees or users may freely decide to use TransdatiX products to any ends of their choice. Installing a TransdatiX product qualifies as use according to the present Conditions. As far as conceded by law TransdatiX , their suppliers, sales and technical partners exclude any direct or indirect liability with regard to usability, marketability, conformity to product description of TransdatiX products, including their non-infringement of any existing copyright, sample and trade mark claims, and expressly exclude any additional claims. Jurisdiction of particular countries do not allow for a limitation of legally provided warranty claims or for an excemption of liability exceeding a legal minimum. It may therfore be the case that the above liability provisions will not apply in every detail to you as purchaser of a TransdatiX product. Please refer to your legal representative for information about provisions applicable.
2. TransdatiX is not liable for misspellings or erroneous contents of their publications. TransdatiX takes care to compile documentations to the best of their knowledge and ability, which does not exclude, however, the possibility of eventual errors within their representations. All contents are made available as seen and without warranty to be faultless. They hereby firmly exclude all explicit or implicit warranties and responsibilities that may arise for any reasons with regard to conformity to custom and usage, aptitude for a certain purpose of contents published by TransdatiX, or protection of owner rights related to them. TransdatiX may modify content of their publications at any time without prior notice.
3. TransdatiX does not warrant for contents of and offers made in publications, in particular web contents in any way related to TransdatiX but not produced by them. TransdatiX does not recommend any of these publications. Any publication belongs to its owner and its owner is solely liable for any publication. TransdatiX does not hold any rights or responsibilities face any such publications.
4. TransdatiX warrants for its products according to the particular licence agreement. TransdatiX excludes, however, to the largest degree admitted by applicable law, all other product warranties and liabilities, regardless whether explicit or implied, and including but not reduced to implicit warranties for compliance to custom and usage, aptitude for a certain purpose, ownership or non-infringements of third party trademark rights.
§6 General Dispositons
The present GBC may in no way be modified, expanded or abbreviated. Any modification due to acquiescence, disruption of commerce and of proceeding, or due to an individual contract may only be implemented in case of a prior declaration of consent duly signed by an authorized representative of TransdatiX. The present GBC is exclusively subject to Austrian law. Parties agree that Salzburg, Austria is the unique place of jurisdiction. Should one of the provisions and conditions of the present GBC be proven void or not actionable by way of legislative measures or by a competent court of jurisdiction, this shall not infringe the validity of the remaining provisions and conditions of this agreement. Parties agree that German shall be the unique language of this contract. Even though translations of the present GBC may be made available solely the German version shall be held legally binding in every respect. Should any party opt not to take any legal steps with regard to enforcement of any rights or claims proceding from the present agreement, or face any infringement of the present agreement by the other party, this shall by no means be interpreted as a general quitclaim with regard to an enforcement of these rights or claims in case of additional future infringements. All modifications and agreements dissenting from the present contract must generally in written form.
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