|Licence Conditions for Software
1. General remarks
Your signature under your order or at the handing over of the Software acknowledges the following licence conditions.
The software listed in our catalogue, Homepage and pricelist is copyright. The software nc and nccad with the related helpprograms were developed by MAX computer GmbH, Schömberg and are copyright, regardless of the version.
All rights to copy are with the creator of the software
Our PC-Software for KOSY is delivered with 2 different licences:
- machine-/control-related licence
This means that the customer has the right to make copies for use within his/her building, firm, institution, club or school. It is not allowed to hand it over to third persons. Machine-control, however, is only possible for the machine/control delivered. When giving away the system to third persons, handing over the software is mandatory, too.
- multi licence, solely to schools/training centres
This means that the customer has the right to make copies within his/her institution. It is not allowed to hand it over to third persons. With big education centres the right to make copies covers only the department/sector, responsible for ordering. Specifically entitled persons, like e.g. head of the training, advisors are entitled to make copies only as long as they are in this job and only for their personal training or demonstrating. Distributing the Software to potential customers is definitly prohibited. Advisors of school authorities can use the software only within their local school, when they change school, the previous school looses the right of user.
5. Handing over software to students/trainees for learning purposes
Under www.max-computer.de “Service” you find a form which has to be signed when software is handed over.
6. Terms of delivery and payment
The terms and conditions stated below also apply to the delivery of Software.
Copyright for Print-Products
1. General remarks
Our printed products are: Teachware, manual, projects as far as they are in written form.
All right are reserved to us. Copies need our explicit authorization in writing.
1. General remarks
Trading firms, dealing with CNC- or CAD-Technologies in the widest sense, can trade with our products. The basis of our partnership is a trading contract (Dealer’s agreement).
The firm must have the personnel and the technological know-how to be able to advise and assist the customers on their own. Under these conditions the trading partner gets a discount, relating to the current pricelist.
Terms of delivery and payment
1. General remarks
Unless special conditions are arranged and agreed on in writing by us, the order is subject to the following terms of delivery and payment which the customer expressly agrees to with the order. Trade conditions of the customer are not part of the treaty, even if they are not expressly rejected by us. In case the customer is not willing to agree to our trade conditions he has to announce it to us in writing.
2. Quotation and conclusion of contract
We are bound to the quoted prices only for the time mentioned in the quotation. All orders, agreements, additions, alterations and collateral agreements are binding only when definitly confirmed or tacitly fulfilled.
3. Prices and shipping costs
The prices are stated in the latest catalogue which is published by Internet under www.emc-webline.de. A new pricelist automatically invalidates the preceeding one. The stated prices are net prices, valid in Germany and EU. The end customer has to add the current valid VAT to the quoted price. Exports outside the EU will be charged a country-specific extra charge. All quoted prices are for delivery ex works, excluding packing, transport and insurance. Maxcomputer will charge the purchaser for packing and delivery resp. transport plus insurance leaving the way of dlevery to the shipping company. The purchaser is obliged to examine the goods immediately after arriving and to report us damages due to transport at once in writing. This applies also to hidden damage. If we loose our claim for damages towards the insurer because of your neglecting this examination, the purchaser has to accept all liability for the resulting costs. The risk of loss or damage passes to the purchaser as soon as the goods leave the factory. The buyer bears the risk and cost relating to the goods ex works. We are free to choose the carrier. The date of invoice is the date of despatch.
4. Terms of payment
The payment is due within 14 days net terms. Deliveries to firms or persons unknown to us are sent after advance payment. Customer specific orders are subject to special arrangement as follows: 40% down payment following receipt of sales confirmation, 60% after shipment to the customer within 14 days. On default of payment we are entitled to charge you with interest payable on arrears that are 5% above the minimum lending rate of the European Central bank. The customer cannot hold back payment in the event of complaint that is not acknowledged by us nor set it off. In case of default of payment further deliveries and service are held back.
5. Delivery dates
They are valid after acceptance of order but are not binding. Workng or traffic breakdown, difficulties in supply of material or electricity, defects in machines, lack of workers, accidents, strikes and other cases of outer power release us from the agreed delivery date, as well as from the duty to complete order, without granting the potential customer any claims towards us.
We guarantee that the delivered goods are not afflicted with any faults that may diminish or revoke the value or suitability for their proper use as defined in the treaty.The warranty covers a period of 24 months for companies and corporations of public law. If the customer is a consumer in the sense of the Civil Code the warranty covers 2 years, starting on the day of delivery.
Special conditions for deliveries of software: We guarantee that the Software delivered by us corresponds basically to the description of the program given in the accompanying texts. When an error occurs, you have to give a detailed description of the fault and how it shows so that an examination of the fault (e.g. by checking the error messages) and the exclusion of an operational fault (e.g. by checking the steps you have taken )can be done.We can accept no liability for the software being suitable for the purpose of the customer nor that it is compatible with other software the customer has got.The delivery of manuals and documentations, others than delivered together with the software and exceeding our implemented user guide and/or our online help, or special training is granted only if it is expressly agreed on in writing.The delivery of operation instructions in English is permitted if the object of the contract has not yet been localized completely to the prevailing market. The same applies also when the object of the contract is available in English only.We and the purchaser agree that explanations and descriptions of Hard-and Software in the manual and/or in the pricelist are no assurance of certain features and that the non-compliance of expectations is no fault.In case of a claim on guarantee a share of the purchaser’s responsibility has to be taken into account, especially with inadequate error messages or inadequate data back-up.Inadequate data back-up is the purchaser’s omission of safe-guarding measures corresponding to the latest technological state, especially measures against computer bugs and other phenomena threatening single data or the entire database.
Valid for all deliveries: Faults arising during the warranty time have to be reclaimed in writing within one week. The warranty does not include normal wearing out, external influences, unsuitable storage, improper installation or improper, excessive use, repairing by other than authorized persons or faults in operation and non-observance of instructions. The warranty is forfeited when the purchaser modifies the machines or parts/ additional equipment of them or has them modified by a third person, unless these modifications are definitly not the cause of the fault or do not obstruct repairing. Complaints acknowledged by us as justified are settled within an appropriate period of time set by the purchaser. The purchaser tells us which mode of warranty he wishes – improvement of the delivered goods or delivery of new faultless goods. But we are entitled to refuse the chosen mode if it leads to disproportional costs for us and the other mode is no considerable disadvantage for the purchaser. We get two trials for repairing within the set time. After the second trial failed the purchaser has the right to cancel the contract or to get a reduction. The right for cancelling or reducing can be exerted after the first successless trial, if a second trial cannot be reasonable for the customer. If the right for amendment was denied under the above mentioned conditions, the customer has the right for cancellation or reduction at once.Cancellation because of negligible fault is impossible. Returns are accepted after previous agreement only. Compensation for lost profit or damages incurred is excluded. If the purchaser has taken our time for warranty in culpable negligence or wilfully without being entitled, he has to refund all of our expense incurred.
Location of repair: We don’t grant a “On-site warranty”. This means in case of application of warranty that the customer has to pay the shipment to us and we pay the shipment back to the customer. Or the customer is willing to change a component which we provide to him on his own expense.
The goods supplied remain in our property until all amounts owed by the purchaser to us pursuant to the contract and any other contract between us and the purchaser are collected in full by us. The purchaser is obliged to insure the goods under reservation of proprietary according to the rules (i.e. theft, fire, water, low-voltage) and to prove it on demand. In case of damage emc GmbH retains title to the purchaser’s claim on the insurance. The purchaser has not the right of disposal of the goods under reservation of proprietary. In case of distress warrant the purchaser has to inform us immediately in writing and has to inform also third parties on our reservation of proprietary. In case the goods supplied are resold with our consent, the purchaser assigns to emc GmbH all accounts and rights which the purchaser may have with respect to its customers by reason of the resale. The purchaser is obliged to give us all information concerning this sale.
8. Place of Performance and Venue
Place of performance of the contract is D-09380 Thalheim, Germany. For all suits arising out of controversies under the contract, the purchaser consents to the jurisdiction of Amtsgericht Chemnitz, in accordance with the laws of the Federal Republic of Germany.
If single paragraphs of these Trade conditions should be inoperative as a whole or in parts, it does not affect the validity of the other regulations. The invalid part is replaced by one which comes as close to the wanted intention as possible.No other agreements are made. Supplements to the contract are valid in writing, only.