General terms and conditions for deliveries and online services by WEKA MEDIA GmbH & Co. KG

1. Scope

The following provisions apply to legal transactions entered into directly between WEKA MEDIA GmbH & Co. KG (the "publisher" or "WEKA") and a customer. If a customer has bought the product from a third party (e.g. a dealer), then only clauses 8 and 9 apply. WEKA delivers products to the customer, including printed products, software, image and sound recordings, and/or other contents on data carriers and through online applications, as well as electronic access to contents and/or a combination of the above products (the "products"). The following terms and conditions replace any and all previous versions of the Terms and Conditions agreed with the customer. If the following terms and conditions contradict any terms and conditions included with the products, then the terms and conditions included with the product take precedence. For contracts regarding continuing deliveries, the below terms and conditions apply to all follow-up deliveries even if the publisher does not state this explicitly in the future. Any customer terms and conditions that have not been recognized explicitly and in writing by the publisher shall not be binding for the publisher, without the requirement for a specific objection by the publisher.

2. Deliveries and prices

All prices are ex works, for deliveries exclusive of freight and packaging, and not including taxes. For a contract on the continuous delivery of products, the publisher has the right, after each period or delivery, to base the contract on the prices current at the time.

3. Prohibition of set-off

The customer is not entitled to set off any claims of their own against claims by the publisher, unless the claims are undisputed or have been confirmed as legal titles.

4. Extension and termination of the contract

The term and period of notice for individual contracts will be determined according to the relevant information in the order process.

5. Retention of ownership

WEKA retains ownership until all invoices for the relevant deliveries have been paid in full. If the customer is a dealer, then he has the right to resell the products to third parties as part of his normal business procedures. The dealer assigns to WEKA all claims from these resales up to an amount equal to the gross purchase price invoiced by WEKA.

6. Warranty

The period of limitation for warranty claims is one year, or two years for purchases of new consumer goods. Also, WEKA warrants only that the product, at the time of delivery, is free of any defects that render the product unusable for the purposes provided in the contract, or that reduce the product's usability for these purposes more than insignificantly. WEKA does not warrant for any defects caused by improper use or failure to observe the documentation. The warranty becomes void if the product is opened or otherwise manipulated by the customer or third parties at the customer's request.

7. Limitation of liability

Except in the cases stipulated below, WEKA shall not be liable for any damages (e.g. loss of profit, loss of data, downtime, or malfunction), regardless of the legal basis for the claim. To the extent that liability of WEKA is excluded, the same applies to the personal liability of its employees, representatives and agents. The above limitation of liability shall not be applicable to damages caused intentionally or through gross negligence. Neither shall it apply to claims based on legal product liability, on initial inability to perform, or on culpable impossibility. Damage claims against WEKA for violations of its contractual obligations shall be limited to the amount of damage typically caused.

8. Use, contents

WEKA aims to create each of your products according to the latest developments. WEKA makes no warranty for their correctness or that they are free from errors either technically or in their substance. WEKA further makes no warranty for the applicability or usability of its products for a particular purpose. The selection of the product and its application and usage are the sole responsibility of the customer.

9. Copyright and scope of use

WEKA grants customers non-exclusive rights of private use for the delivered products. The customer may copy the delivered products to their hardware for the purpose of installation, as well as into RAM for loading the product, and for purposes of back-up required according to the state of the art. Updates and upgrades are delivered as part of a long-term supply relationship as part of the licence for the full version. It is therefore not permitted to keep using older versions after installing upgrades or updates or to transfer an older version to third parties. Any use in a network or access from multiple desktops requires a special agreement in the order process or otherwise. Provisions to the contrary for individual contracts will be determined according to the relevant information in the order process.

10. Privacy and data security

WEKA warrants that the system and the data transmitted by the customer are protected sufficiently using current standard technologies. However, due to the nature of provision via the Internet, intrusion by third parties into the system environment at WEKA cannot be ruled out completely. Therefore, the loss or destruction of data is covered by the limitation of liability according to clause. 7.

11. Suspension/termination of the contract

In case of a serious breach of contract by the customer or the customer's failure to make payments, WEKA has the right to block access to products provided online.

Upon termination, WEKA has the right to delete any data stored by the customer for products provided online. WEKA herewith explicitly informs the customer that there is no right for continued storage of customer data. It is therefore the customer's responsibility to ensure timely data migration or provide sufficient backup.

12. Login data/passwords

For products provided online, the customer agrees to keep login data and the associated passwords strictly confidential with utmost care.

13. Availability

For products provided online, WEKA agrees to keep the system accessible 24 hours per day, 7 days a week. WEKA undertakes to provide 98% accessibility as an annual average. This does not include scheduled downtime due to maintenance or software updates, or times during which the server is not accessible via the Internet due to technical or other problems outside the control of WEKA (force majeure, culpable actions of third parties).

14. Data maintenance

For products provided online, the customer is responsible for the contents and the maintenance of data entered by him. W EKA is under no obligation to verify the plausibility or correctness of customer data. In no event can WEKA be held liable for any contents. This applies in particular to liability from violations of accounting duties or tax law or any other civilian or trade laws, in particular as regards the accounting duties of merchants.

15. Jurisdiction, venue, final provisions

This contract is governed exclusively by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The place of performance shall be Kissing. For customers who are merchants entered in a commercial register, the place of venue shall be Munich. Any changes to the contract must be in writing. Any oral agreements, including any waiver of the written form, must be executed in writing to become effective. Should any part of this contract be ineffective in whole or in part, then the remainder of the contract shall remain unaffected by this. In this event, the parties agree to replace the ineffective provision with one that is effective and reflects the purpose of the contract as closely as possible.

 
 
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