GTC - aqotec GmbH

GENERAL TERMS OF BUSINESS aqotec GmbH

01 Scope of application of the GTCs of aqotec

These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) AGB, Version 01122016) apply to the provision of services by aqotec GmbH (in the following: aqotec) for legal transactions with entrepreneurs (in the following: contractual partner or client (AG)).
aqotec provides its services exclusively on the basis of these GTC. These shall also apply to all future business relations, even if they are not expressly referred to. Deviating provisions of the contractual partner shall not be valid.
With the order or the placing of an order the customer declares contractual partner agrees to these terms and conditions and is bound by them.
Amendments, side agreements, reservations and supplements to these GTC require the written form to be legally effective. This also applies to the agreement to abandon the written form. It will be noted that there are no oral agreements.

02 Integrating elements of the contract

The written agreement by which the contract has come about (order confirmation).

Definition:
AN = contractor / supplier / aqotec GmbH
AG = Client / orderer / customer / contractual partner

03 Generally applicable provisions

1. Offers:

From aqotec are subject to change and non-binding. Those in catalogues, Price lists, brochures, company information material, leaflets, Advertisements on exhibition stands, in circulars, advertising mailings or other media about the services provided and Products of aqotec are non-binding, unless they are expressly and declared in writing to be part of the contract.

2. Offers and conclusion of contract:

Offers or orders of the contractual partner shall be accepted by aqotec by written order confirmation or by delivery of the object of purchase or by performance of the service.

3. Prices:

The prices include all costs and additional expenses for the necessary deliveries and
Services including all costs for wages and fringe benefits that are necessary to meet the service provision are required. The prices are understood to be excluding the respective applicable statutory value added tax / sales tax (net prices). aqotec shall provide the AG with its price list. If the AG does not expressly reject these prices, these prices shall be deemed to be agreed together with the order confirmation.
aqotec is entitled to charge a higher than to demand the agreed remuneration or the purchase price if the the basis of calculation existing at the time of placing the order, such as raw material prices, the exchange rate or personnel costs according to Change the conclusion of the contract. (periodically chargeable remuneration)
If an order is placed without a previous offer or services are provided which are not expressly approved by the were included in the order, aqotec shall be entitled to claim that remuneration, which corresponds to its price list or its usual remuneration.
If the contracting party is associated with a the contractual relationship or any other payment obligation towards aqotec is in default, aqotec shall be entitled, without prejudice to other rights, his obligation to perform until payment by the contracting party and/or an appropriate extension of the delivery period in the event of to claim; all open claims arising from this or other legal transactions and, if necessary, to make delivered goods and services to collect objects again, without this affecting the contractual partner of is released from his obligation to perform. A withdrawal from the contract by aqotec shall only be deemed to have been affected by these actions if it expressly was declared.
If a periodically chargeable remuneration, e.g. for service or maintenance services, this is due annually at the beginning of a calendar year. Begins or If the contract ends during one year, this fee shall be due to aqotec proportionately. This remuneration is value-hedged according to the Consumer Price Index 2005, where the month in which the service or maintenance contract has been concluded, serves as a starting point. If the CPI 2005 is no longer published, it will be replaced by the follows or most closely resembles this one. The contractor is furthermore entitled to receive a periodically chargeable fee from the for the reasons set out in point 3.2.
Costs for travel, daily and Accommodation and packing will be charged at periodically Remuneration will be invoiced separately. Travel times shall be considered working time.

Freight costs:

Deliveries of spare parts with a net goods value of EUR 200 or more are delivered carriage paid.

Also applies to partial deliveries

– Standard delivery up to 10kg AT 4,5,- Express delivery AT 12,50,-

– Standard delivery up to 10kg DE 8,7,- Express delivery DE 16,80,-

– Standard delivery up to 10kg IT 17,80,- Express delivery IT 46,50,-

– Standard delivery up to 31kg AT 9,3,- Express delivery AT 23,50,-

– Standard delivery up to 31kg DE 16,30,- Express delivery DE 36,70,-

– Standard delivery up to 31kg IT 30,00,- Express delivery IT 108,-

Deliveries from district heating transfer stations with a net goods value of EUR 2,500 or more are delivered carriage paid.

Also applies to partial deliveries.

– Standard delivery AT 28,- Express delivery AT 45,-

– Standard delivery DE 38,- Express delivery DE 85,50,-

– Standard delivery IT 40,- Express delivery IT 99,-

4. Delivery and assembly:

If aqotec has agreed to the delivery of only the product by contract If aqotec is obliged to do so, aqotec shall not carry out the assembly of the product. aqotec shall only carry out the delivery of the product confirmation of the offer for the product. If, in addition, the AG If an installation service is requested, the AG shall bear the costs of the installation. In the event of a warranty claim, provided that such a warranty claim has been or separately agreed by contract, the guarantee also includes the following only the delivery of the product / or the product, but not the assembly.

However, if aqotec has agreed to delivery and installation by contract If aqotec is obligated to provide the installation services, the installation costs shall be included in the offered price and shall be borne by aqotec in the case of a warranty claim, provided that such a claim is included in the respective invitation to tender or separately agreed upon by contract.

Manipulation fees:

– New goods (handling fee at least 25% of the net sales price for stock goods at aqotec)

– Goods have already been installed – no possibility to return

– Handling fee (at least 25% of the net sales price or a minimum fee of € 15,- )

5. Delivery times:

Delivery/service periods of aqotec are non-binding, provided that they not expressly written as binding in the order confirmation or in the individual contract have been agreed in writing.
If, after the order has been placed, for whatever reason an amendment or addition to the order, the period of validity of the order shall be extended delivery/performance period by a reasonable period of time.
If aqotec is involved in the fulfilment of its obligations by the occurrence of unforeseeable or unavoidable events or events that were not caused by aqotec circumstances for which we are responsible, such as breakdowns, sovereign measures and interventions, energy supply difficulties, failure of a supplier who is difficult to replace, strike, obstruction of Transport routes, delays in customs clearance or force majeure the delivery/performance period shall be extended by a reasonable period of time Scope. It is irrelevant, whether these circumstances occur at aqotec itself or with one of its suppliers or subcontractors.
For the reason of the exceeding of delivery periods the Contract partner not to assert claims for damages except in the case of gross negligence or Intention of aqotec.
If the fulfilment of the contract is delayed due to reasons for which aqotec is not reasons, aqotec shall be released from its contractual obligations obligations. In this case there is no claim for damages. / compensation claim of the contractual partner.
aqotec reserves the right to partial delivery, i.e. aqotec is is entitled to carry out and charge for partial or advance deliveries. If delivery on call is agreed, the service/purchase object at the latest six months after order as retrieved.

6. Delay:

The observance of deadlines for deliveries is subject to the timely Receipt of all documents to be supplied by the customer, necessary permits and approvals, especially of plans and other obligations by the Employer. If these conditions are not fulfilled in time, the period of validity of the deadlines reasonable.

The delivery period shall commence on the date of dispatch of the signed order confirmation and shall be deemed to have been complied with if the purchased item/work has been completed and is held ready for collection at the factory or warehouse and readiness for dispatch has been notified.

If non-compliance with the deadlines is due to force majeure, the deadlines shall be extended accordingly.

Both claims for damages of the AG due to delay of the Delivery as well as claims for damages in lieu of performance shall be all cases of delayed delivery, even after expiry of an aqotec set time limit for delivery is excluded. This does not apply, as far as in cases of intent, gross negligence or due to mandatory liability for injury to life, body or health will. An obligation to pay damages for damages that have their causes in force majeure is excluded.

7. Warranty:

In principle, the statutory warranty period applies in the sense of the consumer protection for movable goods of 2 years, for immovable property for 3 years and begins from the transfer of risk in sense of these terms and conditions.
The guarantee to companies amounts to 2 years. With a valid maintenance contract this can be warranty (maintenance number) to 3 years.
The warranty is excluded if the technical installations, such as pipelines, cabling, networks and the same in technically perfect and operational condition condition or with the works to be produced by aqotec or are not compatible with purchased items.
No warranty claims shall exist for defects caused by improper handling or overstressing has occurred if statutory or by aqotec issued operating or installation instructions are not followed; if the delivery item is created on the basis of the specifications of the contractual partner and the defect was caused by these specifications or drawings is; in the event of faulty assembly or commissioning by the contractual partner or third parties, in case of natural wear and tear, in case of transport damage, improper storage, malfunctioning of the device, or operating conditions (e.g. insufficient power supply), in case of chemical, electrochemical or electrical influences, in case of non carried out necessary maintenance, or in case of poor maintenance.
Complaints and objections of any kind are – in case of other Loss of warranty claims – immediately, but at the latest within three weeks (see point 8), indicating the possible causes in writing to aqotec. Orally, by telephone or immediate notices of defects and complaints will not be accepted is taken into account. After execution of an agreed acceptance test, the Notice of defects which are ascertainable or obvious at the time of acceptance were, excluded.
Notices of defects and complaints are to be made at the registered office of aqotec under the most exact description of the error possible and the The contractual partner shall be obliged to return the rejected goods or services if the latter is feasible. The return shipment or return shall be at the risk of the contracting party.
aqotec is entitled to make any changes it deems necessary or to have an investigation made, even if this is not possible due to the goods or workpieces are rendered unusable. In case, that this investigation shows that aqotec is not responsible for any errors the contracting party shall bear the costs of this investigation against to bear reasonable remuneration.
If the subjects of performance are to be delivered on the basis of information, drawings, plans, models or other specifications of the contracting party is manufactured, aqotec shall only provide warranty for the execution according to the conditions.
If the contracting party without prior written consent aqotec changes to the transferred purchase object or works the warranty obligation of aqotec expires.
When asserting warranty claims, aqotec shall be bound by the of their choice, the holder is entitled to request conversion by a to avert a claim for price reduction, provided that it is not a matter of a substantial and unrecoverable defect.
During the first two years after handover, the contracting party shall also of the work / object of purchase, the existence of a defect at the time of the surrender, the time of discovery and the timeliness of of the notice of defects.
All the information provided in connection with the rectification of defects, unless aqotec is at fault, costs incurred, such as transport, import and storage costs and Dismantling and travel costs shall be borne by the contractual partner. Via request of aqotec, the contracting party shall provide free of charge to provide the necessary manpower.
The products of aqotec are CE-conform and TÜV tested. aqotec is not liable for damages caused by the fact that components of the district heating transfer station of aqotec, which according to the supplier CE-conformity certificate, but not the CE-conformity certificate CE-compliant subcomponents are included. A liability of aqotec for any damage that arises or has arisen from this, will be excluded.
aqotec shall be liable for an incorrect/reduced calculation of the heat quantities due to faulty heat meters delivered by aqotec only in case of gross negligence or intent, whereby the liability is limited to a maximum amount of € 2,000.00 is limited. The amounts resulting from faulty heat meters, the contracting party shall be entitled to assert claims against the aqotec shall become statute-barred within one year / 6 months.

8. Period for notification of defects:

If a material defect occurs in an item delivered by aqotec, then the client must immediately, but at the latest within three weeks, remedy this weeks aqotec in writing, stating the possible causes. (Duty to give notice of defects)

9. Terms of payment:

A payment shall be deemed to be on time if aqotec can dispose of it, for example, is credited to the account of aqotec. Dedications of payment of the contractual partner, for example on transfer vouchers, are not binding.

In the event of default of payment, the respective applicable company interest rate agreed. Should aqotec claim interest in excess thereof, the If the customer takes the goods, it shall be entitled to demand these as well. Through the default of payment, appropriate and necessary costs incurred, such as Expenses for reminders, collection attempts, storage costs and any judicial or extrajudicial lawyer’s fees are aqotec to be paid by the replace. If aqotec should have to pay interest in excess thereof as a result of take out a loan, it shall be entitled to demand this from the contractual partner. In the event of default for the Intervention by debt collection agencies in accordance with the BMWA regulation on maximum rates of the fees charged to the collection agencies, any Costs and the costs of intervening lawyers are – insofar as they were necessary for the appropriate prosecution – from to be borne by the contracting party.

We reserve the right to assert further damage caused by delay.

10. Prohibition of offsetting:

The assertion of a right of retention and objection of the unfulfilled contract by the contracting party in the case of alleged Defects are excluded. The set-off of the contractual partner with counterclaims or with alleged claims for price reduction is only permissible if the claim has been legally established or if it has been aqotec in writing.

11. Transfer of risk and shipment:

The risk shall pass to the contractual partner as soon as aqotec has holds the purchased goods/work ready for collection at the factory or warehouse, and regardless of whether the goods are delivered from aqotec to a carrier or carrier or aqotec can arrange the transport itself is being carried out. The dispatch, loading and unloading as well as the transport is always at the risk of the contractual partner.
The contractual partner shall approve any appropriate mode of dispatch. A Transport insurance is only taken out on written order of the of the contractual partner.
aqotec is entitled to charge the packaging and shipping shipping costs as well as the payment or the purchase price cash on delivery at contracting party, provided that the contracting party financial circumstances of the contractual partner deteriorate or a situation with aqotec agreed credit limit is exceeded.
Place of performance is the company aqotec GmbH in 4890 Weißenkirchen im Attergau.
aqotec reserves the right to choose the transport route and the means of transport.
Events of force majeure entitle aqotec to the provision of services or the delivery by the duration of the hindrance by to postpone an appropriate start-up period. Force majeure shall be other circumstances which aqotec is not responsible for, namely no matter whether they are with the supplier, the upstream supplier or a subcontractors. This shall also apply if such events occur during an existing delay. The supplier is is obliged to inform the client immediately if a defect is detected in the should such a situation arise; at the same time, the supplier is obliged to inform the client to provide information on how long such an event will probably take a while.
If the client has taken out transport insurance, he is aqotec is obliged to indemnify aqotec already now for all claims to the extent that these relate to the material and financial assets taken over by the client price risk. aqotec hereby accepts the assignment. The same applies to compensation claims of the client against forwarding agents, carriers or other persons charged with transport.

12. Reservation of ownership:

The right of ownership of the delivered goods remains until full payment of the purchase price (the dated receipt of payment at the aqotec) at aqotec. In the case of resale in the meantime to third parties, client aqotec shall assign its claims against third parties arising from the resale to his customer in advance as security.
The terms and conditions set out in these general terms and conditions or in the laws contained in the provisions on the time of the transfer of risk are not changed by the retention of title.
aqotec is entitled to demand the immediate surrender of the delivered goods, but not yet fully paid for goods, if the contractual partner does not fulfil its payment obligations to aqotec punctually and completely, or has the assets of the the contracting party files for bankruptcy or composition proceedings, or is opened, and in the event of the bankruptcy being dismissed for lack of the assets covering the costs of bankruptcy or the contracting party de facto stops payments or stops payments due to the conclusion of an out-of-court settlement compensation to its creditors. Taking back the goods by aqotec shall not be considered as withdrawal from the contract, unless this is agreed separately in writing. In case of withdrawal of the goods listed under The right of aqotec to the goods sold subject to retention of title shall remain, to claim damages for non-performance.
The contracting party hereby relinquishes all claims arising from the resale, processing, blending or other utilization of the Receivables and rights to which goods and products are entitled on account of payment and aqotec accepts this assignment. The contractual partner shall have to make a payment to aqotec until full payment of the consideration or purchase price in his books and to make a note on his invoices of this assignment and to inform his debtors to point them out. Upon request he shall provide aqotec with all documents and information, which are necessary for the assertion of the assigned claims and claims are necessary. The claims made by the Assertion of aqotec’s rights from the reservation of title The costs incurred shall be borne by the contracting party.
aqotec are entitled to a security for their receivables and to secure claims from other legal transactions, the right to sell the products and goods until settlement of all outstanding claims from the business relationship.

13. Assignment:

The contracting party is not entitled to assert claims and rights from the contractual relationship without the written consent of aqotec …to resign.

14. Industrial property rights:

The contractual partner shall be liable for the fact that, due to any construction details, drawings, models or other information provided by the customer for other specifications do not infringe the property rights of third parties will. In the event of any infringement of property rights, the contractual partner shall indemnify and hold aqotec harmless. The contractual partner is obliged to accept the goods and services handed over for the provision of services Construction details, drawings, models, other specifications, documents, including any existing copyrights, labelling rights or other rights of third parties. aqotec shall not be liable for any Infringement of such rights. Should aqotec nevertheless be held liable for such infringement of rights, the contracting party shall be entitled to claim damages for aqotec shall be indemnified by aqotec and shall compensate it for all disadvantages, which arise for him through a claim by third parties.
software, implementation documents, such as plans, sketches and other technical documents remain as well as samples, catalogues, brochures, illustrations and similar intellectual property of aqotec and enjoy copyright protection. Any not expressly granted Reproduction, distribution, imitation, processing or exploitation and the like is inadmissible.

15. Liability and product liability:

aqotec shall only be liable for damages caused intentionally or by gross negligence. Liability for slight negligence is excluded. The fault of aqotec shall be proven by the contractual partner.
Liability for indirect damage, consequential damage, loss of profit, financial loss, damage due to business interruption, loss of data, loss of interest, as well as damage due to claims of third parties against the contractual partner is excluded.
Any liability of aqotec shall be limited to the amount of the agreed remuneration or the purchase price for the respective order. The contracts taken over by aqotec shall only be accepted with the reservation of this limitation of liability. Any further liability of aqotec is expressly excluded. If the total damage exceeds the maximum limit, the compensation claims of individual aggrieved parties shall be reduced proportionately.
The contractual partner must inform aqotec immediately of any defects discovered in the goods or the work, otherwise all claims shall be lost. Claims for damages are to be asserted in court within six months from knowledge of the damage and the party causing the damage, otherwise they shall expire.
The contractual partner may initially only demand as compensation for damages the improvement or the exchange of the item/work; only if both are impossible or if aqotec is unable to meet these demands with a disproportionate expense is involved, the contractual partner may demand monetary compensation. For the rest, reference is made to the provisions of point “Warranty.”
Liability is generally excluded in the event of non-compliance with any conditions for assembly, commissioning and use or the official approval conditions. The contractual partner is obliged to ensure that operating instructions for the delivered goods or works are observed by all users. In particular, the contractual partner must instruct its personnel and other persons who come into contact with the delivered goods or works to to train and instruct.
The obligation to pay compensation for damages resulting from the product liability law damage to property as well as product liability claims arising from other provisions can be derived, are excluded, as far as this is legally is possible. The contracting party is obliged to Exclusion of liability for product liability claims on its possible to the contractual partner. Any recourse of the contractual partner against the aqotec from the claim according to the product liability law is excluded. The contractual partner has sufficient insurance coverage for product liability claims and the contracting party is obliged to inform …and to indemnify and hold harmless in this regard.

16. Withdrawal from the contract – client:

In the event of withdrawal from the contract on the part of the client, the general statutory provisions shall apply.

17. Withdrawal from the contract – contractor / premature termination of contract and error

If a delivery/performance is not possible due to reasons for which the contracting party is responsible reasons, this will continue to be possible despite the setting of a grace period. a contractual partner delays or holds a legal obligation incumbent on him or contractual obligation towards aqotec, is not possible for the aqotec shall be entitled to withdraw from the contract. This right of aqotec is also given if there are legitimate concerns about creditworthiness of the contractual partner and if the contractual partner does not meet the requirements of aqotec neither prepayments nor before performance of aqotec a suitable provides security. In these cases, the contractual partner shall provide aqotec all resulting disadvantages and the loss of profit to replace.
The contractual partner waives the right to contest/adapt this contract due to error and due to infringement of more than half of the true value.

18. Applicable law:

Austrian law shall be deemed to have been agreed, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods. For all disputes arising from the contract, the place of jurisdiction shall be the registered office of aqotec in Weißenkirchen i. Attergau.

04 Supplements for construction works

1. Records:

Notifications of events (e.g. minutes, letters, memos, etc.) transmitted in writing, by fax or e-mail shall be deemed to have been taken note of if the contracting party does not objects to this.

2. execution documents: An Obligation to check, warn or inform with regard to any possible damage caused by the documents made available to the contracting authority, the information supplied or instructions does not exist and is a liability of the aqotec excluded.

3. Production Services:Production services shall be invoiced and invoiced by aqotec according to actual expenditure.

4. travel, daily and overnight allowances shall be invoiced separately unless otherwise contractually agreed.

5. Changes to services: If, due to additional requests of the customer, changes or increases in services are made, aqotec shall be entitled to charge for the resulting additional expenditure.

6. Reservation: Final and partial final invoices may not contain any reservation with regard to subsequent claims for include services rendered. Reservations contained nevertheless are invalid.

05 Project and component-specific regulations

Place of performance: is the company aqotec GmbH in 4890 Weißenkirchen im Attergau.
Access: The client must provide access to the construction site / assembly site. In case of installations by aqotec, the contractual partner shall be obliged to ensure that the work can be started immediately after arrival of the installation personnel of aqotec.
Technical requirements: The contractual partner shall be liable for the fact that the necessary technical prerequisites for the work to be produced or the object of purchase are given and for the fact that the technical equipment, such as supply lines, cabling, networks and the like are in a technically perfect and operational condition and are compatible with the works or objects of purchase to be produced by aqotec. aqotec shall be entitled, but not obliged, to sell these systems against separate remuneration.
The order is placed independently of any necessary official permits and approvals, which the contractual partner must obtain.
All costs for the storage of materials for the performance of services shall be borne in full by the client.
Packaging / material disposal: The costs for packaging and its proper disposal are included in the price. The costs for the professional disposal as well as the costs for materials/waste, which arise in the course of the service provision, are to be borne by the client.

06 Software license conditions (SLC)

1 Subject of the contract

These license conditions of aqotec GmbH, (hereinafter referred to as “Licensor”), apply to the granting of rights of use for the complete or partial use of the software aqo360° and e-view (hereinafter referred to as “Software”). “SOFTWARE”) to entrepreneurs, legal entities under public law (hereinafter referred to as “Licensee”). Herewith the inclusion of the licensee’s own terms and conditions is contradicted, unless their validity has been expressly agreed to.

version of this document: 2016-12-01

2 Scope of the rights of use

2.1
The following terms and conditions apply to the indefinite transfer and use of the SOFTWARE including the accompanying documentation and the license file.

2.2
They do not apply to additional services such as installation, Integration, parameterization and adaptation of the SOFTWARE to the needs of the licensee.

3 Rights of use

3.1
The SOFTWARE is partly protected by copyright in favour of the licensor and partly in favour of other right holders.

3.2
The SOFTWARE may not be used if the use of the SOFTWARE may cause injury to life, body, health, or damage to animals or the environment (e.g. no use for nuclear reactors, weapons and medical devices).

3.3
The SOFTWARE is provided to the licensee for use as intended. The scope of the intended use as well as the type and scope of the rights of use are specified in the offer of aqotec GmbH. (preferably the use applies to the visualisation of building management systems)

3.3.1

SOFTWARE

By purchasing the software licenses, the licensor grants the licensee a permanent use (without transferable rights), with technically released functional scope

on any number of individual computers or on a central server or via terminal server clients depending on the detailed solution version aqo360°(Basic, PRO or Server)

to have the agreed number of transfer station and boiler house licenses used in total, i.e. in particular to store and load, display and run them permanently or temporarily. Any licence mentioned by name may be terminated by other named license for the same purpose. The number of licenses that can be named may not exceed the number of licenses purchased at any time.

that is, in particular, to save and load, display and run permanently or temporarily.

3.4

The licensee undertakes to use reasonable technical and organisational measures to ensure that the intended use of the SOFTWARE is ensured.

3.5

The licensee is obliged to make proper and regular data backups (especially of the “project data” manipulated by the SOFTWARE).

3.6

The licensee is entitled to make one copy of the SOFTWARE for backup purposes.

3.7

The licensee is not entitled to translate, edit, arrange or otherwise adapt or modify the SOFTWARE or to reproduce the results obtained.

3.8

The licensee is not entitled to distribute the SOFTWARE. This includes any form of sublicensing, especially sale. renting, leasing, or lending. Distribution also includes the transfer of the license file, a text file with name, address of the licensee as well as an electronic signature that technically enables the use of the SOFTWARE.

3.9

The licensee is not entitled to make the SOFTWARE publicly available in such a way that it can be accessed by members of the public from places and at times of their choice.

3.10

The licensee agrees not to decompile the SOFTWARE.

4 Maintenance contract

4.1

For updates, software maintenance and support during the period of use, the licensee concludes a maintenance contract of at least 12 months after ordering the software.

4.2

If the contract is not terminated in writing up to 3 months before the end of the contract period, it will be extended by a further year with adjustment of the index. Extraordinary termination is possible from the following reasons possible:

4.2.1 the plant is permanently shut down

4.2.2 the contractor has violated his obligation with intent or gross negligence

4.2.3 the service is no longer offered by the contractor

4.3 Further information on the maintenance contract is described in the respective offer of the detailed product.

4.4 The maintenance contract is valid from delivery of the software and is invoiced in advance.

5 Demoversion

5.1

If the SOFTWARE is provided for test purposes only, the customer shall be entitled to licensor grants the licensee the non-exclusive, non transferable, limited in time to the agreed test period right to download an unregistered copy of the SOFTWARE (demo version) to any number of individual computers or on a central server or via Terminal Server clients from any number of users at the same time only for test purposes, i.e. not for productive use that is, in particular, to store them permanently or temporarily and to load, display and run.

5.2

The demo version of the SOFTWARE contains a function that Possibility of using the SOFTWARE ends after the end of the trial period. After payment of the agreed license fee and agreement to this license conditions to the agreed extent, this function will be deactivated and the licensee receives the agreed rights of use according to these license terms. The circumvention of these technical protective function leads to the immediate forfeiture of all granted Rights of use. In this case, a termination according to clause 7 is required not anymore.

6 Liability

6.1

If the SOFTWARE is provided free of charge or for test purposes, the licensor is only liable to the extent that he is guilty of intent or gross negligence.

6.2

The rights of the licensee due to a defect are excluded if the licensee is aware of the defect at the time of the conclusion of the contract, for example due to a test phase carried out before the conclusion of the contract. If a defect has remained unknown to the Licensee due to gross negligence, the Licensee can only assert rights due to this defect if the Licensor has fraudulently concealed the defect or has assumed a guarantee for the quality of the object.

6.3

In case of loss of data the licensor is only liable for Expenditure that would have been necessary to restore the data if the licensee had made a proper data backup.

6.4

Otherwise, the type and scope of liability is determined by the respective sales contracts.

7 Termination of rights of use

7.1

If the licensee culpably and seriously infringes the agreed upon rights of use or property rights of the holder of the rights, the licensor may terminate the rights of use of the affected SOFTWARE. In this case there will be no refund of the remuneration.

7.2

In case of termination, the licensee is obliged to delete or return to the Licensor the original of the SOFTWARE affected by the termination, including the documentation and all copies. Upon request of the licenser, the licensee shall make a statement about the deletion.

7.3

In case of termination, the licensee is obliged to the other legal regulations remain unaffected.

8 Reference

8.1

The Licensee grants the Licensor the right to make the Licensee’s company name and logo publicly available on the Licensor’s website for reference purposes only.

8.2

There is no right to be included in this reference list of the licensor.

8.3

The licensee may at any time request in writing to delete the entry on the website of the licensor. The deletion will take place within a reasonable period of time after receipt of the request for deletion.

9. Collection and processing of personal data

Personal data of the licensee will only be collected to the extent necessary for the processing of contracts, invoicing and payment. license verification purposes is required. Personal data will only be passed on or otherwise transferred to third parties if this is necessary for the purposes listed above or if the licensee has previously has consented. The licensee has the right consent with effect for the future at any time. The Deletion of the stored personal data takes place when the Licensee revokes his consent to the storage of his data, if his knowledge for the fulfilment of the purpose pursued with the storage not more is required or if their storage is not possible due to other is inadmissible on legal grounds.

12 Integration

The licensee undertakes to comply with the above license terms and conditions to be observed. They therefore constitute a part of these license terms.

07 Final provisions

Should one or more provisions of these GTC be invalid because they violate or infringe mandatory law, this shall not affect the validity of the remaining provisions. Ineffective provisions shall be replaced by the parties to the contract by a provision that comes closest to the ineffective provision and is customary in the industry.
changes in his name, business name, address, postal address The contractual partner shall immediately notify aqotec in writing of its legal form or other relevant information. As long as aqotec is not informed of a different delivery address, deliveries of all kinds shall be made to the last known address of the contractual partner with the effect that they shall be deemed to have been received by the contractual partner.
The content of the contract, all other information, customer service and the handling of complaints are always in German.