General terms and conditions with customer information

Table of contents

1. Scope of application
2. Subject matter of the contract
3. Conclusion of contract
4. Right of withdrawal
5. Prices and terms of payment
6. Provision of the software
7. Provision of license keys
8. Granting of rights of use
9. Obligations of the customer to cooperate
10. Liability for defects
11. Liability
12. Applicable Law
13. Place of jurisdiction
14. Alternative dispute resolution
15. Code of Conduct

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Lizenzstar Ltd. (hereinafter "Entrepreneur"), apply to all contracts for the provision of software in digital form that a consumer or entrepreneur (hereinafter "Customer") concludes with the Entrepreneur with regard to the software products (hereinafter "Software") presented by the Entrepreneur in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply mutatis mutandis to contracts for the provision of license keys, unless otherwise agreed.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

1.4 Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2) Subject matter of the contract

2.1 In the case of contracts for the provision of software, the entrepreneur owes the provision of the software offered by him to the customer in digital form with the granting of certain rights of use.

2.2 In the case of contracts for the provision of license keys, the entrepreneur owes the provision of a license key in digital form for the use of the software described by him as well as the granting of the contractually agreed rights for the use of the respective software.

2.3 The customer does not acquire any intellectual property rights to the software. The source code of the software is not part of the provided software.

2.4 The installation is not part of the contract. In this respect, the entrepreneur refers to the installation instructions. This applies in particular to the hardware and software environment in which the software is used.

2.5 Unless otherwise stated in the product description of the Entrepreneur, the Customer shall not receive individual application support from the Entrepreneur.

3) Conclusion of contract

3.1 The software products described in the online store of the entrepreneur do not represent binding offers on the part of the entrepreneur, but serve for the submission of a binding offer by the customer.

3.2 The customer can submit the offer via the online order form integrated in the online store of the entrepreneur. In doing so, after placing the selected software in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the software contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Entrepreneur by telephone, fax, e-mail or post.

3.3 The Entrepreneur may accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or
• by providing the customer with the ordered software, or
• by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Entrepreneur does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by his declaration of intent.

3.4 If a payment method offered by PayPal is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use - if the Customer does not have a PayPal account - subject to the Terms of Payment without a PayPal account. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the entrepreneur already declares acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.

3.5 When submitting an offer via the Entrepreneur's online order form, the text of the contract will be stored by the Entrepreneur after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Entrepreneur shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Entrepreneur's online store before sending his order, the order data will be archived on the Entrepreneur's website and can be accessed by the Customer free of charge via his password-protected user account by providing the corresponding login data.

3.6 Before bindingly placing the order via the Entrepreneur's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

3.7 Only the German language is available for the conclusion of the contract.

3.8 The order processing and contacting usually take place via e-mail and automated order processing. The customer has to make sure that the e-mail address given by him for order processing is correct, so that e-mails sent by the entrepreneur can be received under this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller can be delivered.

4) Right of withdrawal

Consumers are generally entitled to a right of withdrawal. More detailed information on the right of revocation can be found in the entrepreneur's revocation instructions.

5) Prices and terms of payment

5.1 Unless otherwise stated in the product description of the entrepreneur, the stated prices are total prices that include the statutory sales tax.

5.2 In the case of payments in countries outside the European Union, further costs may be incurred in individual cases for which the Entrepreneur is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees).

5.3 The payment option(s) will be communicated to the customer in the online store of the entrepreneur.

5.4 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

6) Provision of the Software

6.1 The entrepreneur effects the provision by making a digital copy of the software available to the customer for download via the Internet. For this purpose, the Entrepreneur shall provide the Customer with a link via e-mail, which the Customer can use to initiate the download of the digital copy and to save the copy to a storage location selected by the Customer.

6.2 The point in time at which the software is made available on the network and this is communicated to the customer shall be decisive for compliance with any delivery dates.

7) Provision of license keys

License keys shall be provided to the customer as follows

- by e-mail

8) Granting of rights of use

8.1 The content and scope of the respective software license shall be governed by the license terms of the respective software manufacturer, to which the entrepreneur explicitly refers in the product description.

8.2 The license key provided entitles the customer to use the software apparent from the respective product description to the extent described therein. For the content and scope of the respective software license, the license terms of the respective software manufacturer apply, to which the entrepreneur explicitly refers in the product description.

9) Obligations of the customer to cooperate

9.1 The customer must inform himself about the essential functional features of the software and bears the risk as to whether the software meets his wishes and needs. The customer shall be solely responsible for setting up a functional hardware and software environment for the software that is sufficiently dimensioned, also taking into account the additional load caused by the software.

9.2 The Customer shall observe the instructions given by the Contractor for the installation and operation of the Software.

9.3 The Entrepreneur recommends the Customer to take appropriate precautions in case the Software does not work properly in whole or in part (e.g. by daily data backup, fault diagnosis, regular checking of data processing results) and to make a suitable backup of its data before installing the Software.

10) Liability for defects

Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. Deviating from this:

10.1 If the customer acts as an entrepreneur,

• the entrepreneur has the choice of the kind of the subsequent performance;
• in the case of new software, the limitation period for defects shall be one year from delivery of the software;
• in the case of used software, the rights and claims due to defects are excluded;
• the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.

10.2 The above-mentioned limitations of liability and shortening of the period shall not apply to

• to claims for damages and reimbursement of expenses of the customer,
• in the event that the entrepreneur has fraudulently concealed the defect,
• for any existing obligation of the entrepreneur to provide updates.

10.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory recourse claim remain unaffected.

10.4 If the customer acts as a merchant in the sense of § 1 HGB (German Commercial Code), he is subject to the commercial duty of inspection and notification of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the software shall be deemed to have been approved.

11) Liability

The Entrepreneur shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

11.1 The Contractor shall be liable for any legal reason without limitation

• in case of intent or gross negligence,
• in case of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise regulated in this respect,
• on the basis of mandatory liability such as under the Product Liability Act.

11.2 If the Contractor negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above section. Material contractual obligations are obligations which the contract imposes on the Contractor according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.

11.3 In all other respects, liability on the part of the entrepreneur is excluded.

11.4 The above liability provisions shall also apply with regard to the liability of the Contractor for its vicarious agents and legal representatives.

12) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

13) Place of Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the entrepreneur. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the entrepreneur shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, in the aforementioned cases, the Entrepreneur shall in any case be entitled to appeal to the court at the Customer's place of business.

14) Alternative Dispute Resolution

14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

14.2 The entrepreneur is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

15) Code of Conduct

The Entrepreneur has submitted to the following Code of Conduct:

• The Entrepreneur has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce".
• The Entrepreneur has submitted to the guidelines for "Google Customer Reviews".