1. SUBJECT OF CONTRACT

The purchase of any software from Tibek or the ordering of software maintenance services are subject to these license terms for software purchase and software maintenance ("License Terms").

Unless expressly regulated otherwise, the program package purchased from Tibek consists of the "SmartWOP" software and the purchaser's documentation (electronic user manual), hereinafter collectively referred to as "software".

By using the software, the purchaser is assisted in the conception of certain furniture constructions and the creation of his own machining programs with specific machining instructions for the production of these wood products on certain CNC woodworking machines listed in the specification.

The software maintenance services include the provision of updates for the current version of the software purchased under these license conditions. The maintenance of computer hardware is not included in the software maintenance.

These license terms apply exclusively to the sale of software to and the provision of software maintenance services to entrepreneurs within the meaning of Section 14 of the German Civil Code ("BGB").

SOFTWARE PURCHASE SECTION

2. LICENSE OF THE SOFTWARE

The software is left to the purchaser on a permanent basis. According to the agreement, the software is made available via download. For this purpose, Tibek makes the software available to the purchaser on the homepage www.smartwop.de.

The purchaser selects the software on the homepage and stores the data required for the order. Tibek will email the purchaser the serial number for activating the software. The purchaser keeps the serial number safe for later use.

After downloading and installing, activation is initiated by entering the serial number when the application is started for the first time. This process is usually carried out fully automatically and an activation code is transmitted. If the process is prevented - for example by a firewall or the purchaser himself - the activation code can be generated manually via the web interface and entered for activation.

3. REPRODUCTION RIGHTS AND BACKUP COPIES

The purchaser may call up the software from the Tibek homepage and store it on the mass memory of his computer. In addition, he may reproduce the delivered program insofar as the respective reproduction is necessary for the use of the program. The necessary duplications include, in particular, the installation of the program and the loading of the program into the main memory.

The purchaser may not make any other copies, including outputting the program code on a printer or printing or photocopying the entire manual or significant parts thereof.

The software is protected against unauthorized duplication by a license server. A regular connection of the purchaser's respective hardware to the Internet is required to query the license entitlement. The purchaser allows Tibek access to the hardware for this purpose. When querying the license entitlement, the following information is collected: time of the query, serial number of the software, license type, version designation, IP address of the querying computer, and 6. HardwareID.

If online activation of the software is not possible for reasons for which the purchaser is responsible, Tibek will provide the purchaser with a USB dongle and software specially programmed for the use of the dongle in order to operate the software. The same applies if the purchaser plans to use the software in a network. In the event of a malfunction or damage to the dongle supplied, the purchaser can request a replacement from Tibek in return for the dongle being sent. The dongle is an inseparable part of the software. The loss or theft of the dongle is equivalent to the loss or theft of the software. Neither Tibek nor its representatives are obligated to compensate for stolen, lost or otherwise missing dongles.

The use of the software in a virtual environment (virtual machine or computer) is not possible.

4. MULTIPLE USES AND NETWORK USE

The purchaser may use the software on any suitable hardware available to him. If the purchaser changes the hardware, he must delete the software from the previously used hardware and apply for a new activation from Tibek.

Simultaneous storage, keeping in stock or use on more than one piece of hardware is not permitted. If the purchaser wants to use the software on several hardware configurations at the same time, for example by several employees or on a second computer, he must purchase a corresponding number of additional software.

The use of the licensed software within a network or any other multi-station computer system is not permitted. If the purchaser wants to use the software within a network or other multi-station computer systems, he must pay Tibek a special network fee, the amount of which is also determined by the number of users connected to the computer system. Tibek will immediately inform the purchaser of the network fee to be paid in individual cases as soon as the purchaser has notified Tibek in writing of the planned use of the network, including the number of connected users. Use in such a network or multi-station computer system is only permitted after the network fee has been paid in full.

5. DECOMPILATION AND PROGRAM MODIFICATIONS

The retranslation of the provided program code into other code forms (decompilation) as well as other types of reverse development of the various production stages of the software (reverse engineering), including a program change, are not permitted. Excluded from the ban are the legally mandatory uses according to § 69 e UrhG.

The removal of a copy protection, in particular a dongle protection or similar protective mechanisms or the impairment of the license server's access to the software version used is not permitted.

Copyright notices, serial numbers and other features serving to identify the program may not be removed or changed under any circumstances. The same applies to a suppression of the screen display of corresponding features.

6. RESALE AND RENTAL

The purchaser may sell or give away the software, including the activation code, the user manual and other accompanying material, to third parties on a permanent basis, provided that the purchasing third party agrees to the continued validity of the present contractual conditions towards him. In the event of transfer, the purchaser must hand over all program copies, including any backup copies, to the new purchaser, or destroy the copies that have not been handed over. As a result of the transfer, the old purchaser's right to use the program expires. He is obliged to comply with the information obligation of Section 14 of these license conditions.

The purchaser may transfer the software, including the user manual and other accompanying material, to third parties for a limited period of time, provided this is not done by way of rental for commercial purposes (e.g. application service providing, software as a service, etc.) or leasing and the third party agrees to the continued validity agrees to the present contractual conditions and the transferring purchaser hands over all program copies including any existing backup copies or destroys the copies that have not been handed over. For the time the software is transferred to the third party, the transferee has no right to use the program himself.

The purchaser may not transfer the software to third parties if there is reasonable suspicion that the third party will violate the terms of the contract, in particular by making unauthorized copies. This also applies with regard to employees of the purchaser.

The transfer of the software to third parties does not oblige Tibek to transfer or continue software maintenance.

7. CLAIMS OF DEFECTS REGARDING THE PURCHASED SOFTWARE

Defects in the software supplied (material and legal defects), including the manuals and other accompanying materials, will be remedied by Tibek within the one-year warranty period starting with the first download of the software after notification by the purchaser. At Tibek's option, this is done by eliminating the defect (rectification) or by delivering software that is free of defects (replacement delivery). There is no defect in the software if the use of the software is disrupted by unauthorized third-party software. If you have any doubts about the compatibility with your hardware and software environment, please ask us for authorization before purchasing. In addition, you can find information about third-party software at www.smartwop.de where disruptions are to be expected.

In the event of a replacement delivery, Tibek is also entitled to deliver a new program version with at least the same range of functions, unless this is unreasonable for the purchaser, for example if a different operating system or more powerful hardware is required. The replacement delivery takes place like the first delivery by making the software available on the Tibek homepage and then downloading it by the purchaser. A re-training of the user in a possibly changed program structure or user guidance does not justify unreasonableness.

The claims for defects do not extend to software that the purchaser or a third party has changed without the consent of Tibek. This does not apply if the purchaser proves that this change is not the cause of the reported defect or if the purchaser has only installed new program versions made available by Tibek. In addition, claims for defects do not extend to software that the purchaser does not use in the agreed hardware and software environment, unless the customer proves that this use is not the cause of the reported defect. Tibek is also not responsible for defects that can be traced back to improper operation and operating conditions or the use of unsuitable equipment by the purchaser.

If the defect cannot be remedied within a reasonable period of time or if the repair or replacement delivery is to be regarded as having failed for other reasons, the buyer can choose to reduce the purchase price, withdraw from the contract, demand damages or reimbursement of wasted expenses. The assertion of damages or the reimbursement of futile expenses are based on Section 12 of these license conditions.

It can only be assumed that the rectification or replacement will fail if (i) Tibek has been given sufficient opportunity to rectify or replace without the desired success being achieved or if (ii) the rectification or replacement is impossible or if (iii) the rectification or replacement delivery is refused or unreasonably delayed by Tibek or if (iv) it is unreasonable for other reasons.

Except for Tibek's liability under Section 12 of these License Terms, this Section 7 of the License Terms exhaustively covers all claims for defects by the purchaser.

8. COMPENSATION FOR THE SOFTWARE

The remuneration for the software will be invoiced to the purchaser by Tibek.

Subject to an expressly deviating regulation, the invoice amounts are net amounts, ie plus the statutory sales tax. The contractor will show the tax rate and the amount of sales tax separately on the invoice

 

SOFTWARE MAINTENANCE SECTION

9. CARE SERVICES, UPDATES

Tibek's nursing services include the following:

Updates to the latest program versions of the software licensed under these license terms. If further support is required to install the updates, this will be agreed separately and billed on the basis of Tibek's hourly rates then applicable.

The update of the electronically available user manual.

The following services in particular are not part of Tibek's contractual software maintenance services:

Software maintenance services that become necessary due to the use of the software on a different hardware system or under a different operating system than that provided for in these license conditions.

Maintenance services after an intervention by the purchaser in the program code of the software.

Maintenance services with regard to the cooperation of the contractual software with other computer programs.

10. COMPENSATION FOR SOFTWARE MAINTENANCE

The remuneration for the software maintenance is due at the beginning of the contractual relationship within the meaning of Section 11 of the license conditions.

The remuneration for the software maintenance is invoiced by Tibek and applies plus the statutory sales tax. After three years, Tibek can adjust the remuneration for software maintenance by up to 10 % in line with general price developments.

11. CONTRACT TERM AND TERMINATION PERIODS

Unless expressly agreed otherwise, the contractual relationship for software maintenance begins when the software is activated and runs for an indefinite period.

The contractual relationship for software maintenance can be terminated at the end of a calendar year, but not before the end of a full year. The notice period is three months. The termination must be made by registered letter and reach Tibek no later than the third working day of the first month of the notice period. A termination does not affect the software purchase.

GENERAL CONTRACTUAL REGULATIONS

12. LIABILITY

The purchaser's claims for damages or reimbursement of wasted expenses are based on the present clause regardless of the legal nature of the claim.

Tibek shall have unlimited liability for damage resulting from injury to life, limb or health which is based on a negligent breach of duty by Tibek or an intentional or negligent breach of duty by a legal representative or vicarious agent of Tibek.

In the case of other liability claims, Tibek is only liable without limitation if a guaranteed quality does not exist, as well as for intent and gross negligence on the part of its legal representatives and executive employees. For the fault of other vicarious agents, Tibek is only liable to the extent of liability for slight negligence according to these license conditions.

Tibek is only liable for slight negligence if an obligation is violated, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). In the event of a breach of the cardinal obligation, liability is limited to a total of five times the contract value (purchase price and an annual fee for software maintenance) and to such damage that must typically be expected to occur within the framework of software transfer or software maintenance.

Liability for data loss is limited to the typical recovery effort that would have occurred if backup copies had been made regularly and in accordance with the risk.

Liability for consequential damage is excluded.

Liability under the Product Liability Act remains unaffected (§ 14 ProdHG).

13. DUTY TO INSPECT AND NOTIFY

The purchaser will examine the delivered software including the documentation within eight working days after delivery, in particular with regard to the completeness of the data carriers and manuals as well as the functionality of basic program functions. Defects that are identified or can be identified must be reported to Tibek within a further eight working days. The notice of defects must contain a detailed description of the defects to the extent possible.

Defects that cannot be identified within the framework of the described proper inspection must be reported within eight working days of discovery in compliance with the complaint requirements set out here.

In the event of a breach of the obligation to examine and give notice of defects, the software shall be deemed to have been approved and delivered with regard to the defect in question.

14. INFORMATION OBLIGATIONS

If the software is resold or given away, the purchaser is obliged to inform Tibek in writing of the name and full address of the purchaser or recipient.

The above information obligations can also be fulfilled by sending an email to the following address: support@tibek.de

15. RESERVATION OF TITLE

Tibek retains ownership of the software delivered to the purchaser until all claims from this contractual relationship existing at the time of delivery or arising later have been paid in full.

If the purchaser is in arrears with payment, the assertion of the retention of title by Tibek does not constitute a withdrawal from the contract, unless Tibek expressly notifies the purchaser of this.

If Tibek asserts the retention of title, the purchaser's right to continue using the software expires. All program copies made by the purchaser must be handed over or deleted.

16. COLLISION WITH OTHER TERMS AND CONDITIONS

If the purchaser also uses general terms and conditions, the contract is also concluded without express agreement on the inclusion of general terms and conditions. Insofar as the various general terms and conditions correspond in terms of content, they are deemed to have been agreed. The regulations of discretionary law take the place of contradictory individual regulations. The same applies in the event that the purchaser's terms and conditions contain provisions that are not included in these license terms. If these license conditions contain provisions that are not contained in the purchaser's terms and conditions, then these license conditions apply.

17. WRITTEN FORM

All agreements that contain a change, supplement or specification of these contractual conditions as well as special guarantees and agreements must be recorded in writing. If they are declared by Tibek's representatives or assistants, they are only binding if Tibek gives its written consent.

18. NOTICE AND ACKNOWLEDGMENT CONFIRMATION

The purchaser is aware of the use of the present license conditions by Tibek. He had the opportunity to take note of their content in a reasonable manner.

19. CHOICE OF LAW

With regard to all legal relationships arising from this contractual relationship, the parties agree on the application of the law of the Federal Republic of Germany to the exclusion of the UN sales law.

20. PLACE OF JURISDICTION

If the purchaser is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, Düsseldorf is agreed as the place of jurisdiction for all disputes that arise in the course of the processing of this contractual relationship.

License conditions for software rental and software maintenance from Tibek CNC-Technik GmbH ("Tibek")

As of February 11, 2019

1. Subject of the contract

(1) The rental of any software from Tibek or the ordering of software maintenance services are subject to these license terms for software rental and software maintenance (“License Terms„).

(2) Unless expressly regulated otherwise, the program package purchased from Tibek consists of the "SmartWOP" software and the documentation (electronic user manual), hereinafter referred to collectively as "software" designated.

(3) The lessee is supported by the use of the software in the conception of certain furniture constructions and the creation of his own processing programs with specific processing instructions for the production of these wooden products on certain CNC woodworking machines listed in the service description.

(4) The software maintenance services include the provision of updates for the current version of the software purchased under these license conditions. The maintenance of computer hardware is not included in the software maintenance.

(5) These license conditions apply exclusively to the rental of software and the provision of software maintenance services to entrepreneurs within the meaning of Section 14 of the German Civil Code (“Civil Code„).

Software purchase section

2. Licensing of the Software

(1) The software is left to the lessee for the duration of the lease. According to the agreement, the software is made available via download. For this purpose, Tibek provides the tenant with the software on the homepage www.smartwop.de ready for retrieval.

(2) The lessee selects the software on the homepage and stores the data required for the order. Tibek will email the lessee the serial number for activating the software. The renter keeps the serial number safe for later use.

(3) After downloading and installing, activation is initiated by entering the serial number when the application is started for the first time. This process is usually carried out fully automatically and an activation code is transmitted. If the process is prevented - for example by a firewall or the tenant himself - the activation code can be generated manually via the web interface and entered for activation.

3. Reproduction Rights and Backup Copies

(1) The lessee may call up the software from the Tibek homepage and save it on the mass memory of his computer. In addition, he may reproduce the delivered program insofar as the respective reproduction is necessary for the use of the program. The necessary duplications include, in particular, the installation of the program and the loading of the program into the main memory.

(2) The lessee may not make any other copies, including outputting the program code on a printer or printing or photocopying the entire manual or significant parts thereof.

(3) The software is protected against unauthorized duplication via a license server. A regular connection of the tenant's hardware to the Internet is required to query the license entitlement. The lessee allows Tibek access to the hardware for this purpose. When querying the license entitlement, the following information is collected: time of the query, serial number of the software, license type, version designation, IP address of the querying computer, and the identification number of the hardware.

(4) If online activation of the software is not possible for reasons for which the lessee is responsible, Tibek will provide the lessee with a USB dongle and software specially programmed for the use of the dongle upon request, for a fee, in order to activate the software to operate. The same applies if the lessee plans to use the software in a network. In the event of a malfunction of the supplied dongle, the lessee can request a replacement from Tibek in return for the dongle being sent. The use of the software in a virtual environment (virtual machine or computer) is not possible.

4. Multiple uses and network use

(1) The lessee may use the software on any suitable hardware available to him. If the tenant changes the hardware, he must delete the software from the previously used hardware and apply for a new activation from Tibek.

(2) Simultaneous storage, keeping in stock or use on more than one piece of hardware is not permitted. If the tenant wants to use the software on several hardware configurations at the same time, for example by several employees or on a second computer, he must purchase a corresponding number of additional software.

(3) The use of the licensed software within a network or any other multi-station computer system is not permitted. If the lessee wants to use the software within a network or other multi-station computer systems, he must pay Tibek a special network fee, the amount of which is also determined by the number of users connected to the computer system. Tibek will immediately inform the lessee of the network fee to be paid in individual cases as soon as the lessee has informed Tibek in writing of the planned use of the network, including the number of connected users. Use in such a network or multi-station computer system is only permitted after the network fee has been paid in full.

5. Decompilation and Program Modifications

(1) The retranslation of the provided program code into other code forms (decompilation) as well as other types of reverse development of the various production stages of the software (reverse engineering), including a program change, are not permitted. Excluded from the ban are the legally mandatory uses according to § 69 e UrhG.

(2) The removal of a copy protection, in particular a dongle protection or similar protective mechanisms or the impairment of the license server's access to the software version used is not permitted.

(3) Copyright notices, serial numbers and other features serving to identify the program may not be removed or changed under any circumstances. The same applies to a suppression of the screen display of corresponding features.

6. Resale and Subletting

(1) The lessee may provide the software, including the user manual and other accompanying material, to third parties for a limited period of time, provided this is not done by way of rental for commercial purposes (e.g. application service providing, software as a service, etc.) or leasing and the third party agrees to the continued validity of the present contractual terms and conditions and the renter surrenders all program copies, including any backup copies, or destroys the copies that have not been handed over. The renter providing the software has no right to use the program himself for the period in which the software is transferred to the third party.

(2) The lessee may not make the software available to third parties if there is reasonable suspicion that the third party will violate the terms of the contract, in particular making unauthorized copies. This also applies with regard to the tenant's employees.

(3) The transfer of the software to third parties does not oblige Tibek to transfer or continue software maintenance.

7. Claims for defects in relation to the purchased software

(1) The software is only defective if the software does not essentially correspond to the description in the documentation. The Documentation is the only statement of quality about the Service and forms an integral part of these Terms of Use. There is no defect in the software if the use of the software is disrupted by unauthorized third-party software. If you have any doubts about the compatibility with your hardware and software environment, please ask us for authorization before purchasing. In addition, you can find information about third-party software at www.smartwop.de where disruptions are to be expected.

(2) Defects in the software will be remedied by Tibek within a reasonable period of time after notification by the lessee. The rectification of defects is carried out at Tibek's option by means of repairs free of charge or a replacement delivery. The tenant cannot demand a reduction in the agreed rent or attempt to enforce such a reduction from the agreed rent. Tibek will refund the fees paid in advance effective from the moment the defect occurred. The assertion of damages or reimbursement of futile expenses are subject to the contractually agreed limitation of liability.

(3) In the case of defective software, Tibek is also entitled to deliver a new program version with at least the same range of functions, unless this is unreasonable for the lessee, for example if a different operating system or more powerful hardware is required. The replacement delivery is made like the first delivery by making the software available on Tibek's homepage and then downloading it by the renter. A re-training of the user in a possibly changed program structure or user guidance does not justify unreasonableness.

(4) The claims for defects do not extend to software that the lessee or a third party has changed without the consent of Tibek. This does not apply if the lessee proves that the lessee only installed new program versions made available by Tibek. In addition, the claims for defects do not extend to software that the lessee does not use in the agreed hardware and software environment, unless the customer proves that this use is not the cause of the reported defect. Tibek is also not responsible for defects that can be traced back to improper operation and operating conditions or the use of unsuitable equipment by the lessee.

(5) It can only be assumed that the rectification or replacement delivery and the production of the contractual use will fail if (i) Tibek has been given sufficient opportunity to rectify the defect or replacement delivery without the desired success being achieved or if (ii) the rectification or replacement delivery has been made impossible or if (iii) the rectification or replacement delivery is refused or unreasonably delayed by Tibek or if (iv) it is unreasonable for other reasons.

(6) Apart from Tibek's liability according to section 12 of these license terms, this section 7 of the license terms covers all claims for defects of the renter.

(7) The tenant's right of termination due to non-granting of use according to § 543 paragraph 2 sentence 1 number 1 of the German Civil Code is excluded, unless the repair or replacement delivery is to be regarded as failed.

8. Software Rental Fee

(1) The rent for the software will be invoiced to the renter by Tibek.

(2) Subject to an expressly deviating regulation, the invoice amounts are net amounts, ie plus the statutory sales tax. The contractor will show the tax rate and the amount of sales tax separately on the invoice.

(3) The rent can be adjusted by Tibek at the end of the contract period by prior notification to the tenant at the latest by the end of the respective notice period. If the tenant does not agree to the adjustment of the rent, he can terminate the contract extraordinarily at the end of the contract period.

Software maintenance section

 

9. Maintenance Services, Updates

(1) Tibek's care services include the following services:

1. a) Updates to the latest program versions of the software licensed under these license terms. If further support is required to install the updates, this will be agreed separately and billed on the basis of Tibek's hourly rates then applicable.

2. b) Updating the electronically available user manual.

(2) The following services in particular are not part of Tibek’s contractual software maintenance services:

1. a) Software maintenance services that become necessary due to the use of the software on a different hardware system or under a different operating system than that provided for in these license conditions.

2. b) Maintenance services after intervention by the purchaser in the program code of the software.

3. c) Maintenance services with regard to the cooperation of the contractual software with other computer programs.

10. Fee for Software Maintenance

(1) The remuneration for software maintenance is included in the rent.

11. Contract term and periods of notice

(1) In the case of annual payment, the contract is initially concluded for a period of one (1) year (“Minimum Contract Period") and is automatically extended by a further year if it is not terminated. The contract can only be terminated by either party at the end of the contract period, but not before the end of the minimum contract period. The notice period is thirty (30) days. The cancellation must be made in text form to the Tibek.

(2) In the case of monthly payment, the contract is concluded for a period of one (1) month and is automatically extended by a further month. The contract can be terminated by either party with a notice period of seven (7) days before the end of the contract period at the end of each month. The cancellation must be made in text form to the Tibek.

(3) If the rent is not paid, the customer's access to SmartWOP will be blocked. This does not constitute a termination. The blocking is lifted again by paying the rent afterwards. In the event of a previous failure to pay 2 rents, the contract will be terminated by Tibek extraordinarily at the end of the contract period.

General contract regulations

12. Liability

(1) The tenant's claims for damages or reimbursement of wasted expenses are based on the present clause regardless of the legal nature of the claim.

(2) Tibek is liable without limitation for damages resulting from injury to life, limb or health which are based on a negligent breach of duty by Tibek or an intentional or negligent breach of duty by a legal representative or vicarious agent of Tibek.

(3) In the case of other liability claims, Tibek is only liable without limitation if a guaranteed quality does not exist, as well as for intent and gross negligence, also on the part of its legal representatives and executive employees. For the fault of other vicarious agents, Tibek is only liable to the extent of liability for slight negligence according to these license conditions.

(4) Tibek is only liable for slight negligence if an obligation is violated, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). In the event of a breach of the cardinal obligation, liability is limited to a total of five times the contract value (annual rent) and to such damage that is typically to be expected in the context of software transfer or software maintenance.

(5) Liability for data loss is limited to the typical recovery effort that would have occurred if backup copies were made regularly and appropriate to the risk.

(6) Liability for consequential damage is excluded.

(7) Liability under the Product Liability Act remains unaffected (§ 14 ProdHG).

(8) The no-fault liability of the lessor for errors that already existed at the time the contract was concluded in accordance with § 536 a paragraph 1 of the German Civil Code is expressly excluded.

13. Obligation to examine and give notice of defects

(1) The lessee will examine the delivered software including the documentation within eight working days after delivery, in particular with regard to the completeness of the data carriers and manuals as well as the functionality of basic program functions. Defects that are identified or can be identified must be reported to Tibek within a further eight working days. The notice of defects must contain a detailed description of the defects to the extent possible.

(2) Defects that cannot be identified within the framework of the described proper inspection must be reported within eight working days of discovery in compliance with the complaint requirements set out here.

(3) In the event of a breach of the obligation to examine and give notice of defects, the software shall be deemed to have been approved and delivered with regard to the defect in question.

14. Duty of Care

(1) The lessee is obliged to take appropriate precautions to prevent unauthorized third-party access to the program and the documentation.

(2) The lessee will store the data carriers containing the program in a location that is secured against unauthorized access by third parties and will expressly point out to his employees that they will comply with the present contractual conditions and copyright law. In particular, the lessee will request his employees not to request any unauthorized copies of the program or the documentation.

(3) If an employee of the lessee infringes Tibek's copyright, the lessee is obliged to do his best to help clarify the copyright infringement, in particular to inform Tibek immediately of the corresponding infringement actions.

15. Erasure Obligation

(4) Upon termination of the contractual relationship, the lessee is obliged to completely and finally delete or destroy all existing copies of the software and documentation provided via the download.

(5) The lessee is expressly advised that he may not continue to use the software after the end of the contractual relationship and that failure to comply will infringe the copyright of the right holder. § 14 paragraph 3 is to be applied accordingly to the time after the end of the contractual relationship.

16. Conflict with Other Terms and Conditions

If the lessee also uses general terms and conditions, the contract is also concluded without express agreement on the inclusion of general terms and conditions. Insofar as the various general terms and conditions correspond in terms of content, they are deemed to have been agreed. The regulations of discretionary law take the place of contradictory individual regulations. The same applies in the event that the terms and conditions of the Miter contain provisions that are not included in these license terms. If these license conditions contain provisions that are not contained in the lessee's terms and conditions, then these license conditions apply.

17. Written Form

All agreements that contain a change, supplement or specification of these contractual conditions as well as special guarantees and agreements must be recorded in writing. If they are declared by Tibek's representatives or assistants, they are only binding if Tibek gives its written consent.

18. Notification and confirmation of acknowledgment

The purchaser is aware of the use of the present license conditions by Tibek. He had the opportunity to take note of their content in a reasonable manner.

19. Choice of Law

With regard to all legal relationships arising from this contractual relationship, the parties agree on the application of the law of the Federal Republic of Germany to the exclusion of the UN sales law.

20. Jurisdiction

If the lessee is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Düsseldorf is agreed as the place of jurisdiction for all disputes that arise in the course of the processing of this contractual relationship.