General Terms and Conditions
General Terms and Conditions Agreement
ProContext Consulting GmbH
ProContext Consulting GmbH will further be referred to as „ProContext“.
ProContext develops and sells software products and develops and operates web based services. The business location is in 50670 Koeln, Von-Werth-Str. 33-35.
§1 Downloading software products
ProContext offer their software on websites for sale or as test versions. The terms and conditions of each internet platform apply for the download of this software.
§2 Usage and License Agreement
- Upon installation of the software, a license contract between the user and ProContext is established. Additionally, the following terms apply:
- The software is an intellectual property protected by copyright. After paying a fee, the User will be granted the right to use the software.
- he software is an intellectual property of ProContext and is protected by copyright. The copyright includes, amongst other things, the program code, the documentation, the appearance (including the logo), the icons, buttons and other display formats as well as the name of the software. Only ProContext is entitled to make use of the Copyright. Copyright comments, serial numbers and other criteria that are used for program identification are not to be modified or deleted.
- ProContext transfers the right to install and use the FileCompressor software at a single personal computer as a single-user version to the User. To ‘use’ meaning all permanent and temporary saving, downloading, administrating or processing of any data the software contains. The right of use for the full version of the software will be granted after the user has paid the purchase price for the software in full. The user rights for the test version of the software will be granted to the user for 45 days.
- If nothing else is stipulated, the User will be granted the right to use the software at a singe computer. The software is therefore to be fully removed from the hard disc should the software be installed on another computer. If a multiple-shift usage is purchased, the right of use is limited to the agreed number of users. If the software is being used in a network, a separate single license is needed for each computer working in that network. This also applies to usage on multiple computers, even if this usage is restricted to one computer at a time.
- The User is authorized to prepare one single backup copy. Any further duplication is prohibited. It is also prohibited to modify, to decompile (retranslation of the machine code), to disassemble, to clone or to reverse engineer the Software. Any violation will result in expiration of the License Agreement.
- Any sale, rent or cession of the right to use of the software to a third party, as well as appointing sublicenses without the consent of ProContext, is prohibited.
- Errors within the software cannot be excluded. ProContext extends the warrantee only within the legal regulations. ProContext may choose between rectification of defects or replacement delivery. If either rectification of defects or/and replacement delivery remains ineffective, the User may claim a reduction of the license fee, or rescission of the contract. ProContext does not extend warrantee to software which has been modified, amplified or damaged.
- ProContext is only fully liable in cases of intent and culpable negligence of ProContext itself, its organs or deputies and servants. ProContext is not liable for loss or damage of data, unless the loss or damage could not have been prevented by regular backups. There is no liability for damage that occurs due to other performance errors of the software, which could have been prevented by regular, periodic inspections of the software activity.
- ProContext is liable, within the legal regulations, for any other breach of the fundamental contractual obligations. The User’s right of withdrawal stays intact. ProContext’s liability amounts to the sum of the typically foreseeable expenses. If ProContext is liable, according to point 8 of this regulation, for breach of contract, the liability is limited to the sum of the typically foreseeable damages and expenditures, the maximum being the amount covered by the business liability insurance. Any further liability is excluded.
- ProContext is authorized to terminate the License Agreement if the User disregards the software copyrights of ProContext. Upon receipt of notice, all the user rights of the User will expire. The software is to be returned and all the existing copies to be destroyed.
§3 Right of Withdrawal
- Right of Withdrawal
The User has the right to withdraw from the contractual declaration within two weeks, either by letter, fax or e-mail. The User is not obliged to give a reason for this withdrawal. The cancellation time limit begins with the receipt of this instruction. In order not to exceed the cancellation period the User is obliged to post his withdrawal within the time limit. The withdrawal is to be sent to:
ProContext Consulting GmbH
Von-Werth-Str. 33 – 35
- Consequences of Withdrawal
In the event of a valid withdrawal, each party shall return the benefits received to the respective other party. The User is obliged to remove the program, all existing copies, and the program key from his hard drive, or any other data media. The removal is to be confirmed in writing by letter, fax or e-mail. Any payment obligations are to be executed within a period of 30 days. The time limit for the User begins at the time of posting the withdrawal, and for ProContext the time limit begins upon receipt of withdrawal.
§4 License Fees
The payment is due upon delivery (delivery versus payment). Payment conditions depend on the internet sales platform used.
ProContext is authorized to terminate the Usage and License Agreement at any time, either by letter, fax or e-mail, if the user heavily violates the contractual regulations. The following are examples of a heavy violation:
▪ wrong statements in the contact form
▪ unlicensed multiple-shift usage
▪ any unauthorized sale, rent or cession of the right to use of the software to a third party
▪ any modification according to § 2.6 of the general terms and conditions agreement
In case of termination the software is to be returned and all the existing copies are to be destroyed. The user is liable for all damages that occur to ProContext due to the violation of the contractual regulations.
§6 Data Protection Notice
The User’s personal data will be saved and stored by ProContext. The collection, processing and usage of personal data by ProContext conform with the current data privacy regulations and with the agreement between the User and ProContext.
Upon the download of the software, the User agrees to the saving, storing, processing and using of his personal data by ProContext. The storage of personal data is solely used in order to fulfill and execute the contracts between the User and ProContext. Any transmission of data for commercial reasons is excluded.
The user has the right to request information about his personal data, which is being saved by ProContext, at any time. The information is provided by the data protection officer of ProContext.
§7 Errors on the Website
ProContext is not liable for any errors that might occur during the opening of the website or during the downloading of the software.
§8 Applicable Law and Jurisdiction
- The law of the Federal Republic of Germany applies.
- If the Licensee is a merchant who has been entered as such in the Commercial Register, then Cologne, Germany is agreed to be the legal venue.
§9 Severability Clause/Amendments
- Should an individual clause of the general terms and conditions agreement be void by law, invalid or contradictable, this clause does not affect the other clauses of this agreement.
- ProContext reserves the right to change the general terms and conditions agreement as well as the license contracts at any time.