§ 1 Provider
magnussoft Deutschland GmbH
Zur Linde 7
01723 Kesselsdorf
Email: post@magnussoft.de
Managing Director: K. Bernecker
Commercial Register: Dresden District Court HRB 23200
VAT identification number: DE814242673
§ 2 Conclusion of contract and applicable law
- The information in the online presentation is non-binding.
- At order, you can choose between German and English.
- For some titles you may choose between “Download” or “Shipped as physical medium (Boxed)”; for others only one shipping method is offered. To conclude a purchase, the buyer must first open the shopping cart, e.g., by clicking “My cart,” where selected products are shown with unit price, quantity, and subtotal. Shipping costs for boxed delivery are shown. By clicking “Proceed to checkout,” the purchase starts. Providing a billing address and, if applicable, a different delivery address is mandatory next. After confirming the “Next” button, the buyer selects a payment method. Before completing the order, the buyer can review the selection in the displayed order summary. Changes to any steps can be made at any time by clicking “My cart” until the final completion. After confirming acceptance of these Terms and Conditions (AGB) and the privacy policy, the order can be legally concluded by clicking “Order with obligation to pay,” thereby forming a contract between magnussoft Deutschland GmbH and the buyer for delivery of the selected software by download or shipping (Boxed). Upon order completion, the buyer receives a confirmation email. If a download is chosen, a download link including a license key will be sent by email after order completion; registered buyers will also see the download link in their account under “My orders.” The software is stored on the buyer’s computer or suitable storage by clicking the “Save” button in the download dialog. This document can be saved as a Microsoft Word file by clicking the “save” button.
- The Terms can be saved as a Word document on a chosen storage device by clicking “save.”
After leaving the ordering stage, the order is not retrievable on the provider’s site. The provider stores and uses the data submitted to process the contract.
- The provider will confirm the order promptly if you agree. Confirmation is sent to the email address provided in the order form. Once the confirmation is accessible at that address, the contract is formed.
- The contract is governed by German law. The CISG is excluded.
- The buyer’s Terms do not apply to the acquirer.
§ 3 Right of withdrawal / withdrawal declaration (formerly right of return)
- Customers who obtain software not for commercial or self-employed activities have a right of withdrawal per the withdrawal and return notice.
- The two-week withdrawal and return period begins on receipt of the software by the customer.
- The provider’s duties under § 312c and § 312e BGB must be fulfilled; otherwise the withdrawal period begins once these information obligations are fulfilled.
- The right of withdrawal expires for software delivered on a data carrier once the delivered carrier is unsealed by the customer (opened original packaging), and for software available for download at the start of downloading.
- The withdrawal period expires no later than twelve months after receipt of the software at the customer’s location. This is especially true if the withdrawal period did not begin due to insufficient or late information per § 3 (3). This does not apply if the customer was not properly informed of withdrawal rights.
Model cancellation form (not for digital downloads see § 3 para. 3)
If you want to withdraw from the contract, please complete this form and return it.
To magnussoft Deutschland GmbH,
01723 Wilsdruff,
Zur Linde 7,
Germany,
or shop@magnussoft.de
I/We hereby withdraw from the contract concluded by me/us
for the purchase of the following goods /
provision of the following service Order placed on /
received on Name of consumer(s) Address of consumer(s) Signature of consumer(s) (only if submitted on paper) Date (*)
Delete as applicable. End of model cancellation form
§ 3.1 Right of withdrawal / withdrawal declaration by third-party provider
- With the introduction of the company’s own direct sales as of 01.06.2014, the withdrawal rights/withdrawal declarations of the respective traders apply.
§ 4 Object and Form of Delivery
- You receive the contracted software in executable form (object code) together with the documentation released by the provider.
- The software has the functionality described in the documentation. You can view this functionality in this website presentation before contract conclusion.
- Delivery is, per agreement, either by shipping a data carrier to the delivery address you provided in the order form, or by transmitting a download key to the delivery email address in the order form.
- A hardcopy of the documentation is not supplied. The documentation mainly consists of electronic aids.
The installation of the software is not part of the contract.
§ 5 Usage Rights
- The provider grants you, upon payment of the agreed one-time fee, a non-exclusive, geographically unrestricted right to use the software on a permanent basis.
- One "copy" of the software permits use on at most one output device/workstation at a time.
- If you want to use the software on more than one device, the scope of rights must be extended accordingly. For extensions of rights without re-delivery of the software, the provider’s separate price list for usage-right extensions applies. A later extension without re-delivery does not trigger a new warranty.
- Any use beyond the contractually agreed scope, in particular simultaneous use on more than one device per purchased software copy, is a breach of contract. In this case you must promptly inform the provider of the overuse. The parties will then attempt to agree on an extension of the rights. For the period of overuse, i.e., until such an agreement is reached or overuse ends, you must pay compensation according to the provider’s price list. A four-year straight-line depreciation is used to calculate the compensation. If you do not report the overuse, a contractual penalty equal to three times the price of the used portion becomes due.
- You are not entitled to decompile, modify or edit the software beyond what is legally required to create interfaces to other software or to fix defects.
- Copyright and other protective notices within the software must not be removed or altered.
- Resale is only permissible per software copy as a whole, i.e., by surrendering your own use of the paid copy, you may transfer the right to use to a third party under the agreements between the provider and you. In such a transfer, you must hand over all materials relating to the contracted software to the third party and delete the software from remaining storage media.
- Usage Rights Download: The buyer acquires a non-exclusive, non-sublicensable, spatially and temporally unlimited right to use the downloaded software for a fee. For installation, the buyer may store the software from the download portal to the hard drive or a comparable storage medium. Use on multiple computers simultaneously is not allowed. The buyer may make a copy for backup purposes. Transfer of both the software and the license key to a third party is only allowed if the buyer has fully and permanently deleted all owned versions of the software including any backup copies and the accompanying license keys. Upon transfer to a third party, the buyer’s right to use the software and the license key ends. Legal provisions apply.
§ 6 Compensation
- Prices include statutory VAT.
- The provider may, to the extent necessary for debt collection by third parties, forward the data to them (see also § 2 item 5).
- Until full payment, the provider reserves ownership of the contractual items. The provider may, for example, prohibit further use of the software and demand the return or deletion of copies if the contract is terminated due to non-payment. If a third party gains access to the reserved property before full payment, you must inform the third party of the provider’s reservation and notify the provider in writing.
- Payment methods: Sofortüberweisung.de, PayPal, direct debit, credit card (terms of each provider apply). A right of retention can be exercised only if your counterclaim stems from the same contractual relationship.
§ 7 Material and Legal Defects
With the software package or the download you receive the software free from material or legal defects.
- A material defect exists if the software is not suitable for use as described in the documentation contained on this website or supplied with it or downloadable. The provider continuously checks that no promises regarding the functionality and characteristics of the software beyond the documentation are made elsewhere. You can thus assume that descriptions of the software beyond the documentation do not originate from the provider and are not known to it. If such descriptions, in which functions and properties of the software are claimed that are not described in the documentation, come to your attention, please inform the provider.
- A defect in title exists if the rights required for the contractually intended use are not effectively granted after delivery of the software.
- Claims for material and/or legal defects of the software generally expire after two years. If the provider has fraudulently concealed the defect, the limitation period for claims regarding this defect is three years. After the expiry of the limitation period, payment of the remuneration may be refused to the extent you would be entitled to a withdrawal or a reduction.
- The limitation period begins with the delivery of the software package or, in the case of a downloading agreement, as soon as you have received the key required for the download.
- To improve the software and to eliminate defects, the provider asks you to report any defects discovered as soon as possible and preferably in writing. If possible, please indicate how the defect manifests and affects the software and under which circumstances it occurs.
- If defects are reported to the provider during the course of the limitation period, the provider will in any event provide a free remedy.
- In the course of the remedy, the corrected software will be delivered to you again in the agreed manner. On-site fault analysis and remediation on your system do not take place. The provider covers the costs incurred for remedy within the framework of remedy, in particular transport, travel, labor and material costs. You remain responsible for installation. The provider does not assume, within the scope of its obligations for material or legal defects, the installation of the software on-site. If a modification of the program takes place as part of the remedy, the provider will make the necessary adjustments to the documentation free of charge.
- After an unsuccessful expiry of a period set by you for the remedy, you may withdraw from the contract or reduce the purchase price and may demand damages instead of performance or reimbursement of futile expenditures.
- A deadline is not required if a) the provider refuses both types of remedy, even if it is entitled to do so due to the costs incurred thereby, or b) remedy is impossible, or c) remedy is unreasonable for you, or d) remedy has failed. A remedy shall be deemed to have failed after the unsuccessful second attempt unless the nature of the software or the defect or other circumstances clearly indicate otherwise.
- You are not entitled to withdraw if the defect is immaterial. In this case you may not claim damages in lieu of the entire performance.
- In the event of withdrawal, the uses taken must be compensated. The compensation for use is calculated on the basis of a four-year linear depreciation of the purchase price.
- Remedy reduces the purchase price by the amount by which the defect decreases the value of the software relative to the purchase price. The value at the time the contract is concluded is decisive. If necessary, the amount is to be determined by estimation. In the case of reduction, the amount already paid above the reduced purchase price must be reimbursed.
- If it turns out that a reported problem is not due to a defect of the software, the provider is entitled to charge the incurred costs for analysis and remediation if you can be accused of intent or gross negligence.
- The warranty obligation lapses if changes are made to the software without express written permission, or if the software is used in a way other than as intended or in a different software environment, unless you prove that these facts have no connection with the fault that occurred.
§ 8 Limitation of Damages
- The provider's liability for damages from any legal basis is limited in amount in accordance with this § 8.
- The provider's liability for damages caused intentionally or by gross negligence by the provider, one of its vicarious agents, or a statutory representative is unlimited in amount.
- For damages arising from injury to life, body, or health, the liability is unlimited in amount even for simple negligent breach of duty by the provider or a statutory representative or vicarious agent.
- The liability is unlimited in amount for damages arising from serious organizational fault of the provider, as well as for damages caused by the absence of a guaranteed condition.
- The liability, in terms of amount, is unlimited for damages arising from the provider’s gross organizational fault as well as for damages caused by the absence of a guaranteed quality.
- For breaches of essential contractual duties, the provider is liable if none of the cases in 8(2)–8(4) apply, limited to the contractually typical foreseeable damage.
- Any further liability for damages is excluded, in particular liability without fault is excluded.
- Liability under the Product Liability Act remains unaffected.
- If damage is due to both the provider’s fault and the customer’s fault, the customer must bear a share of fault. The customer is responsible for regular data backups. In case of data loss caused by the provider, the provider is liable only for the costs of reproducing the data from the customer-created backups and for restoring the data, which would have been lost even with proper data backups.
§ 9 Product Activation/Keycode (License Key) on Download
- Insofar as the software requires a product activation for unrestricted use, the purchaser receives a keycode (license key) by email with the download link. It can also be viewed in the user account under “My Downloads” labeled “Serial number.”
- If unrestricted use requires product activation, the buyer receives a keycode (license key) by email with the download link. It can also be viewed in the user account under “My Downloads” as “Serial Number.”
- The buyer must ensure that the license key does not fall into third parties’ hands and protect it from unauthorized access. An exception is only the transfer of the software with the license key to third parties, provided the software and the license key are deleted from the buyer’s system.
- For unrestricted use, the buyer must enter the keycode (license key) in the designated fields after installation.
§ 10 Final provisions
- The customer may only offset claims against the provider with undisputed or legally binding claims.
- Changes and additions to this agreement must be in writing. This also applies to changes to these provisions.