AND TERMS FOR BUSINESS (GTB) AND OUR GENERAL LICENSE CONDITIONS:
YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS
SOFTWARE AND/OR RELATING MATERIAL. USAGE INDICATES YOUR ACCEPTANCE
OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, THEN YOU
ARE NOT ALLOWED TO USE THE ERNA-3D SOFTWARE AND YOU SHOULD IMMEDIA-
TELY DELETE ALL COMPONENTS FROM YOUR SYSTEM(S) AND RETURN ANY PHYSI-
CAL MATERIALS DELIVERED TO YOU.
binding.)
All performances, which will be carried out for the customer by "Dr. Mueller - SCIENCE-PEN-
TAFOLIUM-SOFT" (in the following abbreviated only as "PENTAFOLIUM-SOFT"), will exclu-
sively be ensued on the basis of the following General Conditions and Terms (GTB) as well
as the following general License Conditions. Devious settlements show only then validity, if
they have been agreed upon prior between the customer and PENTAFOLIUM-SOFT.
(a) By means of the order of a requested license via e-mail or letter, the customer gives us
a binding offer for the conclusion of a license contract. The contractual partner is PENTAFO-
LIUM-SOFT. The contractual language is German. For customers outside the German-langu-
age territory, the contractual language is English. The law of the Federal Republic of Germa-
ny applies exclusively to the contractual relationship and all associated legal relationships.
(b) PENTAFOLIUM-SOFT is entitled to accept the offer of the customer within 7 days by re-
turning an order confirmation. The order confirmation will be carried out by means of a confir-
mation e-mail. The order can be treated as declined, after the fruitless expiration of the 7
days' grace.
(c) The license contract will be forwarded to the customer in duplicate already before the
conclusion of contract. By means of the signing and the returning of one copy back to us, the
license contract has been accepted.
(d) The ERNA-3D software can be expanded and adapted by PENTAFOLIUM-SOFT to fit
special customer requirements and functions, for this however, special contractual agree-
ments between the customer and PENTAFOLIUM-SOFT are necessary.
(a) The delivery of the software is carried out by means of the dispatch of a software CD-
ROM via mail or via the direct download of the software by the customer from the website of
PENTAFOLIUM-SOFT.
(b) The term of delivery for CD-ROMS within Germany, so far as nothing else has been
agreed upon, amounts to a maximum of 7 business days. The term of delivery for foreign de-
liveries, so far as nothing else has been agreed upon, amounts to a maximum of 14 business
days.
(c) The term of delivery for the software in the case of the manufacture of customer specific
functions and expansions depends on the kind and expenditure for these adaptions of the
software and will contractualy be agreed upon prior with the customer separately.
(a) For the delivery within Germany inclusive all packing charges we take the all-in price of
EUR 3,00. For foreign deliveries within Europe we take the all-in price of EUR 4,00 and in the
case of foreign deliveries outside Europe we take EUR 7,00.
For the "delivery" of the software by means of a direct download of the software from the web-
site of PENTAFOLIUM-SOFT, we will not take any forwarding charges.
(b) In the event of a valid revocation of the customer, the customer has to pay the regular costs
for the return if the delivered goods comply with the ordered goods and if the price of the
goods returned does not exceed 40 Euro or if, in the event of a higher price, at the point of time
of the revocation the agreed consideration or the contractually agreed partial payment have not
been paid. In all other cases, the customer will incur no costs for the return. Items not suitable
for dispatch by parcel will be collected.
(a) All specified prices are final prices (plus postage & packing, duty and possible money
transfer costs). According to paragraph 19 of the German Income Tax Act (§19 UStG) PENTA-
FOLIUM-SOFT does NOT have a VAT NUMBER and a calculation of a value added tax will
not be applied on our invoices. The reason for the VAT exemption is, that the VAT NUMBER
is not required for free-lance small business companies.
(b) The software CD-ROM will be sent to the customer already PRIOR the conclusion of a
contract via mail or the customer can use the free download of the TRIAL VERSION from the
website of PENTAFOLIUM-SOFT. In both cases the software can only be used as a TRIAL
VERSION (without the possibility to save own data). With the help of the TRIAL VERSION, a
special computer-ID (the so-called "SYSINFO" number) of the customer's PC will be ascertai-
ned, which has to be returned to PENTAFOLIUM-SOFT via e-mail by the customer. PENTAFO-
LIUM-SOFT needs this ID to calculate a special ACTIVATION KEY. The necessary ACTIVATI-
ON KEY will be dispatched to the customer via e-mail only after the conclusion of the contract
and the complete payment of the royalty, it ensures that the already transmitted software will
be activated on the customer's PC. After that, the software can freely be used by the customer,
but in the temporal frame of the chosen (and possibly limited in time) license. After the expira-
tion of a possibly chosen license duration (dependent on the prior chosen license) the soft-
ware cannot be executed any more and the customer is not allowed to use the software further.
But this rule does not concern any licenses, for which a permanent utilization (PERMANENT
LICENSE) has been agreed upon before.
(c) For all deliveries inside and outside Germany the payment via Wire Transfer is prefered.
The customer is obliged to pay the license fee immediately after the conclusion of the con-
tract via Wire Transfer. As well, all possible costs for the money transfer to our german accou-
nt have to be paid by the customer. At the drawing of the account the customer prior receives
an e-mail from us with the detailed accounting data as well as the written invoice via mail. For
all Wire Transfers the ID of the customer's PC (the SYSINFO number) has to be given as the
transfer notice, so that we can associate the payment with the order.
PENTAFOLIUM-SOFT will only assume liability, irrespective of the legal basis, in the event of
intent or gross negligence. In the event of a culpable violation of fundamental contractual ob-
ligations, PENTAFOLIUM-SOFT however only assumes liability for each culpable behaviour
of its members of the staff and its fulfillment assistants. Except for intent and/or gross negli-
gence of legal representatives, or of members of the staff, or of other fulfillment assistants, the
compensation of PENTAFOLIUM-SOFT is however limited to foreseeable damages typical of
the contract.
The here mentioned limitations are not valid for damages in the event of injury to life, body or
health, resulting due to offences against obligations of PENTAFOLIUM-SOFT, or of its legal
representatives, or of its fulfillment assistants, as well as in cases of cogent legal regulations.
All data, which you have transmitted to us, will exclusively be used for the processing of your
order. All your personal data will be treated by us strongly confidential. A transmission of the
data to third parties (e.g. for forwarding services) will only be carried out, as far as it is neces-
sary for the processing of your order. However, we do not assume any liability for the data se-
curity during the transmission of data over the internet (e.g. due to technical problems of the
provider) or for a possible criminal access of a third party.
All of the photographs, animations, logos, drawings, texts, scripts, etc. shown or saved on our
web pages, may not be copied or used in any way without our prior written permission. The
trial software, which can be downloaded from our website, may only be copied and used for
a short-dated time for purposes of the pure acquaintance with the ERNA-3D software. A further
utilization of the trial software, especially the direct transmission to a third party, is NOT al-
lowed.
Every COMMERCIAL pass on of the ERNA-3D trial software is STRONGLY PROHIBITED and
could lead to serious consequences concerning the civil and penal law. As a matter of princi-
ple, we reserve all rights on the complete material shown or saved here!
With the judgment from May 12, 1998 - 312 O 85/98 - "Liability for links" the higher district court
in Hamburg decided, that one is also liable for contents of web pages, which have only been
linked with the own website. This could - so the decision of the higher district court - only be
avoided, if an explicite dissociation from these contests would be declared.
For this reason, we herewith explicitely dissociate us from all contents of linked pages of our
homepage. This statement is valid for all external links, which have been integrated into our
web pages.
If the customer is a consumer under the terms of § 13 BGB and the contract was concluded un-
der the exclusive use of telecommunication media, the customer can revoke their contractual
statement within 14 days, without a statement of reasons, in writing (e.g. letter, e-mail) or - if the
item has been delivered before the deadline has expired - by returning the item. The term com-
mences following receipt of this revocation policy in written form, not however before the conclu-
sion of the contractual agreement and not however before delivery of the goods to the consi-
gnee (for recurrent deliveries of similar goods, not before receipt of the first partial delivery) and
also not before our obligations to provide information in accordance with article 246 § 2 in rela-
tion to § 1 para. 1 and 2 EGBGB as well as our obligations in accordance with § 312g para. 1
section 1 BGB in relation to article 246 § 3 EGBGB. The revocation period has been met if the
revocation notice or the merchandise has been dispatched prior to the deadline.
Note: The customer will receive separate information (the legally prescribed revocation policy)
about the terms of their right of revocation immediately following these General Terms and Con-
ditions for Business (see below).
In the case of an order, the General Conditions and Terms for Business (GTB) of PENTAFOLIUM-
SOFT will be accepted. Should the provisions of these terms and conditions of business and the
contract based upon them are invalid or unenforceable, either completely or in part, or subse-
quently lose their validity and practicability, the validity of the remaining contractual provisions
and terms and conditions of business shall remain unaffected. The contractual partners are obli-
ged to replace the invalid provision with one that approximates the economic intent of the ineffec-
tive provision as closely as possible.
PENTAFOLIUM-SOFT reserves the right to change these GTB at any time provided the customer
can be reasonably expected to accept the changes. This is particularly the case when the chan-
ges have no economic disadvantages for the customer. PENTAFOLIUM-SOFT will inform the
customer of the relevant change by e-mail or in writing. If the customer raises no objection to the
change within a period of six weeks following notification, the respective change will become a
constituent part of the contract existing between both contractual parties. Provided that the custo-
mer raises an objection to changes to the GTB within the permitted period, both contractual part-
ners have the right to terminate this agreement with immediate effect.
(End of our General Conditions and Terms for the Business)
The right of revocation can not be applied on software, if you have opened the seal of the deli-
vered data media.
The right of revocation also can not be applied on digital products, which have been acquired
and delivered via a download, § 312d para. 4 section 1 BGB.