ANTETYPE General Terms and Licence Conditions v.6.0 (eng.) – 09.12.2014
Reservation of title
- The below contract provisions (GTCs) are applicable for all contracts concluded via the internet site www.antetype.com (hereinafter: “antetype.com”), an ERGOSIGN internet site (hereinafter: “ERGOSIGN”) between natural and legal persons, who licence Antetype software on antetype.com (hereinafter: “Customers”), and ERGOSIGN.
- Deviating general terms and conditions of the Customer are not recognised by ERGOSIGN, unless ERGOSIGN had expressly consented to these in writing.
- Conclusion of contract
- ERGOSIGN offers the licencing of ANTETYPE software (hereinafter: ANTETYPE) on antetype.com.
- After pressing the “Buy Now” button, the Customer will be brought, within the order process, to the domain www.fastspring.com of the company, FastSpring, 8 E. Figueroa Street, Santa Barbara, CA 93101 (hereinafter: FastSpring).
- The item descriptions on antetype.com represent an unbinding invitation for the Customers to order. The Customer makes a binding offer to conclude the contract by ordering.
- The Customer can input the required number of ANTETYPE licences during the order process in the corresponding field and can thus purchase the desired quantity of ANTETYPE licences after he has entered his delivery information in a form and selected the payment method by clicking on the “Complete Order” button. In the case of ordering by means of clicking on the “Complete Order” button, the Customer makes a binding order regarding the selected number of licences. The receipt of the order is then confirmed by email.
- Licensor is free in its reasonable discretion to recognize the presented proofs.
- ERGOSIGN has the right to accept the contractual offer from the Customer within five working days following receipt of the order. The contract, however, is concluded at the latest when the selected number of ANTETYPE licences has been delivered.
- The purchase agreement is concluded with: ERGOSIGN Technologies GmbH, Europa-Allee 12, 66113 Saarbrücken, Germany.
- The contract language is English.
- Contract text storage
- The contract information will be stored by ERGOSIGN. The order data will be sent to the Customer separately in text form (email).
- These GTCs can also be accessed and printed via the internet site www.antetype.com.
- Right to cancel
- Consumers fundamentally have a statutory right to cancel. The legal regulations regarding a possible existing right to cancel are exclusively contained in the cancellation instructions, which are available to the CUSTOMERS as part of the order process.
- Termination of the right to cancel
The right to cancel of a consumer is terminated in the case of contracts regarding the delivery of digital content not located on a physical data carrier according to § 356 Section 5 BGB [German Civil Code], if the entrepreneur has commenced the execution of the contract after the consumer has expressly consented to the entrepreneur commencing the execution of the contract prior to the expiry of the cancellation deadline and has confirmed that he is aware that he loses his right to cancel by consenting to the commencement of the execution of the contract.
- 5.1 The delivery takes place through an email to the delivery email address indicated in the order form, which email contains a link to download ANTETYPE (hereinafter: Download Link).
- The delivery time will be indicated separately for the respective item or by the product description on the item page.
- The delivery time indicated on the item page commences on the working day following the day of the conclusion of the contract.
- In the case of purchasing rights of use through an ANTETYPE licence, ERGOSIGN also makes a software licence file (so-called licence key) available to the Customer for activating ANTETYPE.
- The Download Links are valid for at least 14 days, after which ANTETYPE is no longer available via the disclosed Download Link.
- The installation of ANTETYPE by ERGOSIGN is not subject matter of the contract.
- In the case of delays to deliveries, ERGOSIGN will immediately inform the CUSTOMERS.
- Payment and invoicing
- The prices valid on the day of the order are applicable, as they are displayed in the online shop. The indicated end prices are applicable in each case plus statutory VAT.
- In individual cases, further taxes for international deliveries (e.g. in the case of an intra-Community purchase) and/or charges (e.g. duties) must be paid by the Customer.
- ERGOSIGN only accepts the payment methods offered during the order process on the domain of FastSpring. The Customer independently selects his preferred payment method from the payment methods available.
- If a delivery is carried out with payment by credit card, the Customer authorises the charging of the full invoice amount including any delivery and shipping costs when due via the credit card company concerned by disclosing his credit card data. The charging will take place in this case with the order confirmation.
- If a payment takes place via PayPal, the Customer must have a PayPal account and authenticate himself using his access data. The Customer must thus go through the PayPal payment process and confirm the payment to Fast Spring.
- If a payment takes place via Amazon Payments, the Customer must have an Amazon account and authenticate himself using his Amazon access data, go through the Amazon payment process and confirm the payment to FastSpring. Amazon accepts bank debits and credit card as payment methods:
- In the case of payment by credit card, the Customer authorises Amazon to charge the full invoice amount including any delivery and shipping costs when due via the credit card company concerned by disclosing his credit card data. The charging will take place in this case with the order confirmation.
- In the case of payment by bank debit, the Customer discloses to Amazon his IBAN and BIC numbers. Amazon debits the invoice amount according to the invoice from the indicated account of the CUSTOMER. In the case of a debit return, the Customer must bear the costs of this debit return. The Customer is reserved the right to furnish proof that no or only a reduced loss is caused by the debit return.
- Invoicing takes place electronically according to the statutory provisions under § 14 Section 3 UStG [German Turnover Tax Act].
- Rights of setoff are only available to CUSTOMERS if the counter claims are legally established, undisputed or recognised by ERGOSIGN. For exercising a right of retention – even due to complaints – the CUSTOMER is only authorised if his counter claim is based on the same contractual relationship.
Liability for material and statutory defects/Warranty
- Up to complete payment, ERGOSIGN retains the ownership and all further rights to ANTETYPE. ERGOSIGN is, in particular, entitled to prohibit the Customer the further use of ANTETYPE and to request the surrendering of all copies or – insofar as surrendering is not possible – the deletion thereof if the Customer has not fulfilled his payment obligations or otherwise behaves in a manner contrary to the contract.
- If a third party accesses ANTETYPE prior to complete payment of the licence, the Customer is obliged to inform this third party regarding the reservation of title of ERGOSIGN and to notify the seller immediately by email regarding the access of the third party.
Rights of use /Licence conditions
- Rights in the case of defects of ANTETYPE are determined according to the statutory provisions.
- If the Customer is not acting as a consumer, obvious defects must be presented to ERGOSIGN within a period of two weeks from receipt of ANTETYPE, otherwise the assertion of a warranty claim is ruled out. In order to respect the deadline, timely sending of the notice of defects is sufficient by email, fax or in written form.
- A material defect is present if ANTETYPE is not fit for the use described in the documentation of ERGOSIGN. The documentation can be retrieved on internet sites of ERGOSIGN.
- A statutory defect is present if the rights required for the contractually provided use are not granted as effective by ERGOSIGN following the delivery of ANTETYPE.
- Claims due to material and/or statutory defects against ANTETYPE regularly lapses in two years. Insofar as the Customer is not a consumer in the context of § 13 BGB, these claims lapse in one year.
- The limitation period commences with the receipt of the licence key required to activate ANTETYPE.
- The Customer is obliged to report emerging defects immediately following discovery thereof to ERGOSIGN, providing the specific defect characteristics.
- If defects are reported to ERGOSIGN, the latter can choose to rectify or redeliver.
- ERGOSIGN will either provide the Customer with a corrected complete version of ANTETYPE or with a program to remove the defect (update) via a download. A specific defect analysis and removal on the system of the Customer is not owed by ERGOSIGN.
- Even in the context of rectification, the Customer is himself responsible for the installation of ANTETYPE.
- The duty of guarantee is not applicable if the Customer makes changes to ANTETYPE without express written approval from ERGOSIGN or if the defect characteristics emerge in a software environment different to that specified, unless the Customer proves that these facts have no connection with the defect.
- ERGOSIGN guarantees that the contractual use of ANTETYPE by the Customers does not conflict with the rights of third parties.
Scope of licence
- ANTETYPE is a software which basically gives the Customer new possibilities for designing user interfaces and supports him in each step when creating user interfaces using practical tools. ANTETYPE facilitates the design of dynamic layouts and widgets and enables the creation of interactive software prototypes.
- ERGOSIGN ensures the Customer a right of use of ANTETYPE when an ANTETYPE licence is purchased according to the following conditions:
Copyrights – intellectual property
- ERGOSIGN ensures the Customer, in the context of this licence, a simple, non-transferable, non-exclusive, local and time-limited right of use to the version of ANTETYPE, which is current at the time of the licencing, for private or commercial purposes. ERGOSIGN will provide the Customer with a licence file following the conclusion of the contract.
- ERGOSIGN ensures the Customer a right of use of ANTETYPE when an ANTETYPE licence is purchased according to the following conditions:
- The right of use comprises the installation and the parallel operation on two computers of the Customer (hereinafter: Installations) and the use of updates for the respectively licenced full versions of ANTETYPE.
- ERGOSIGN has the right to technically monitor the maximum permitted number of 2 installations per licence by verifying the licence file used in the context of an online activation.
- A test installation of ANTETYPE is possible for a period of 30 days. ANTETYPE is automatically deactivated following expiry of this period if no valid licence file has been incorporated by this time. A re-activation is possible at any time by incorporating a valid licence file.
- Student licences
- Eligible persons may purchase student licences which are offered at a special price. This corresponds to the prices indicated on the internet site of ERGOSIGN at the time of purchasing the licence.
- Those eligible are:
- Duly registered students at state-recognised secondary schools.
- Students duly enrolled at a state-recognised mainstream or vocational school; lecturers, teaching staff and employees at state-recognised secondary schools or state-recognised mainstream or vocational schools.
- ERGOSIGN ensures the Customer, in the context of a student licence, a simple, non-transferable, non-exclusive, locally-unlimited right of use to the current version of ANTETYPE at the time of the licencing, which right of use is time-limited to the existence of eligibility and materially limited to non-commercial use for educational and formative purposes.
- The right of use in the context of the student licence comprises the installation and the parallel operation on two computers of the eligible end user.
- The eligibility must be proven to ERGOSIGN prior to purchasing the student licence by sending proof (certificate of enrolment, etc.).
- ERGOSIGN is at liberty to recognise the eligibility at its own discretion.
- ERGOSIGN is entitled to deactivate the student licences if the eligibility of the Customer lapses or if misuse of the eligibility is established by ERGOSIGN. The Customer is at liberty to furnish evidence to the contrary.
- ERGOSIGN has the right to technically monitor the maximum permitted number of 2 installations per licence by verifying the licence key used in the context of an online activation.
Third party property rights – warranty rights
- ERGOSIGN reserves all rights to ANTETYPE. ANTETYPE contains code which has been created by third parties and which may be distributed under different licences (e.g.). All rights to this code are held by the respective author. The names of individual authors are indicated in the “Acknowledgements” file, which is available in the help menu of ANTETYPE. ANTETYPE has been programmed using the following listed tools:
- Code which is not explicitly identified and named in the documentation of ANTETYPE is the sole copyright of ERGOSIGN and is protected by copyright laws, international contracts or other national laws. The Customer receives no further rights to ANTETYPE beyond those indicated in point 9 through the licencing and use of ANTETYPE. The term, “ANTETYPE” is trademark protected in Germany, the European Union Member States, the USA and Switzerland.
- The Customer does not have the right to rent or lease, to share with third parties, or to distribute or publish in any form, versions of ERGOSIGN. The Customer does not have the right to copy any versions of ANTETYPE on more than the 2 permitted installations or to adapt by reverse engineering or in any other manner, in particular to decompile or disassemble, unless this is permitted according to applicable law.
Liability/Limitation of liability
- ERGOSIGN ensures that ANTETYPE does not infringe the rights of third parties.
- The warranty for material defects is not applicable for defects which are based on the fact that ANTETYPE is used in a hardware or software environment which does not meet the requirements indicated on the internet site of ANTETYPE. ERGOSIGN rejects any further warranty, in particular the implied warranty for a certain purpose.
- ERGOSIGN only assumes liability for all legal relationships arising from the licencing of ANTETYPE according to the following provisions:
- The claims of the Customer against the licensor for damages or compensation for futile expenditure are determined irrespective of the legal nature of the claim according to these provisions.
- The liability of ERGOSIGN is – for any reason whatsoever – ruled out, unless the cause of the damage is based on the wilful intent and/or gross negligence of ERGOSIGN, its employees, its representatives or its agents. Insofar as the liability of ERGOSIGN is ruled out or limited, this also applies to the personal liability of employees, representatives or agents of ERGOSIGN.
- For damages arising from injury to life, body or health based on wilful or at least negligent breach of duty by the licensor or by an agent of ERGOSIGN, ERGOSIGN assumes unlimited liability.
- For other damages based on other breaches of duty by the licensor, ERGOSIGN only assumes unlimited liability if a guaranteed quality characteristic is not present or there is wilful intent or gross negligence by ERGOSIGN.
- For damages caused by slight negligence of ERGOSIGN, ERGOSIGN only assumes liability, provided a duty has been breached by the licensor, the fulfilment of which is of particular significance for achieving an essential contractual duty (also called cardinal duty).In the case of breach of an essential contractual duty, the liability is limited to the extent of such damage, the development of which is typically to be expected within the context of the contract. An essential contractual or cardinal duty in the aforementioned sense is such that the fulfilment of which generally enables the orderly execution of this contract and on the fulfilment of which the CUSTOMER regularly relies and may rely.
- The liability of ERGOSIGN for culpable losses of data is limited to the extent of the typical expense for recovery, which would occur with regularly making backup copies. This is also applicable in particular for the case where contents may be rendered unreadable due to an error of ANTETYPE.
- The liability of ERGOSIGN remains unaffected according to the Product Liability Act (§ 14 Product Liability Act).
- The use of these licence conditions by the licensor is known to the Customer. He had the opportunity to make himself aware of their content in a reasonable manner. Inasmuch as the Customer uses general terms and conditions regarding the licencing of the software, these are rejected. All agreements containing an amendment, addition or substantiation of these licence conditions, as well as special guarantees and arrangements are to be put into writing. If they are stated by representatives or agents of ERGOSIGN, they are only binding if ERGOSIGN has hereby granted its written consent.
ERGOSIGN Technologies GmbH
Data storage and privacy
Managing director: Dr. Marcus Plach und Prof. Dr. Dieter Wallach
Telephone: +49 (0)681 988 412 0
Fax: +49 (0)681 988 412 10
Commercial register number: HRB 11850
Commercial register: Amtsgericht Saarbrücken
VAT number: DE232766076
Reference is made to the privacy statement on the website, www.antetype.com
- These GTCs and licence conditions are available in German and English. In the case of contradictions between the different versions, the German version has priority.
- The law of the Federal Republic of Germany is applicable for all legal relationships, excluding the UN Sales Convention.
- In the case of Customers who do not conclude the contract for professional or commercial purposes, thus who are classified as consumers, the aforementioned choice of law is only applicable insofar as the protection granted by compulsory provisions under the law of the state in which the consumer has his habitual abode is not taken away.
- If the Customer is a merchant in the sense of the commercial code, legal person under public law or special fund under public law, the place of jurisdiction for all disputes arising from this contract and these licence conditions is exclusively – and also internationally – the business location of ERGOSIGN in Saarbrücken.
- The same applies if the Customer is an entrepreneur and does not have any general place of jurisdiction in Germany or the residence or habitual abode at the time the action is filed is not known. The authority of ERGOSIGN to also invoke the court in a different legal jurisdiction hereby remains unaffected.