Conditions of Use

ConSol* Software GmbH
ConSol* Software - Terms of Service (Terms of Use, Terms of Purchase)

IMPORTANT: Read this before purchasing ConSol* software. This is a legal contract between yourself and ConSol* Software GmbH. Before you click on the “Agree” button, it's important you carefully read the terms and conditions of this Agreement. By clicking on the “Agree” button, you are agreeing to be bound by these terms and are becoming a party to this Agreement. If you do not agree to all of the terms, please cancel the purchase process.

1. Subject to payment of applicable license fees, ConSol* Software GmbH. ("ConSol*") hereby grants to you a non-exclusive license to use this software product (the "Software") and accompanying documentation on the terms below. The Software may be used on a single system only, and may be copied for archival purposes, provided any copy must contain all of the original Software's proprietary notices.

2. ConSol* makes no representations concerning the suitability for any purpose of the Software or about the accuracy of data or information made accessible by it. The Software is provided “as is” without express or implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose or non infringement of intellectual property rights of third persons. ConSol* assumes no liability for any damages (whether direct, incidental or consequential) suffered by you or any third person as a result of use of the Software.

SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ConSol* OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ConSol* BE LIABLE FOR ANY DAMAGES IN EXCESS OF ConSol*'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF ConSol* SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

3. Content accessed through or created by this Software is the property of the applicable content owner and may be protected by applicable copyright or other intellectual property laws. This Agreement conveys no rights to such content.

4. ConSol* has no obligation to issue any updates, revisions, corrections, new versions or manuals for this Software or otherwise to support this Software in any way.

5. ConSol* reserves the right at any time to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of this Software.

6. The Software is owned by ConSol* or its suppliers. Title, ownership rights, and intellectual property rights in and to the Software shall remain at ConSol* and/or its suppliers. You agree to abide by the copyright law and all other applicable laws of the German, United States and other applicable jurisdictions. You acknowledge that the Software in source code form remains a confidential trade secret of ConSol* and/or its suppliers. You may not, permit unlicensed persons to use your copy of the Software, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, copy the Software, rent or lease, rights to the Software, or remove any proprietary notices or labels on the Software.

7. You may terminate this Agreement at any time by destroying or erasing your copy of the Software. Your license will terminate automatically if you fail to comply with the limitations specified herein. Upon termination of this Agreement, you agree to destroy or erase the Software. In the event of termination, the provisions of paragraphs 2 to 6 of this Agreement will survive.

8. This Agreement shall be governed by the laws of Germany, and the applicable local law of such jurisdiction where ConSol*'s intellectual property rights may be infringed. The venue of any dispute under this Agreement shall be the applicable state and/or courts of Munich, Germany; except that ConSol* may enforce its intellectual property rights before the competent courts of any jurisdiction where an act of infringement has occurred. Final decisions of the specified courts may be enforced in any court of competent jurisdiction.

9. If any provision of this Agreement is unenforceable, invalid, or violates applicable law, such provision shall be deemed stricken and shall not affect the enforceability of any other provision of this Agreement.

10. This Agreement sets forth the entire agreement between you and ConSol*. No change, modification, addition, or amendment to this Agreement shall be valid unless in writing and signed by an authorized officer of ConSol*.

11. The current payment methods available in the webshop are MasterCard and Visa. Bank transfers for custom orders can be accepted. All fees for bank transfers must be handled by the purchaser. ConSol* does not send out response codes or serial numbers before payment hasn’t arrived. ConSol* is based in Germany and as a member of the European Union charging is in EUR. Please consider daily currency rates when purchasing ConSol* products. The currency converter in the webshop is for information only. ConSol* takes no responsibility for exchange rates. All prices from the website and webshop are exclusive VAT until VAT is explicit marked. German VAT is currently at 19% and will be charged to all purchasers in Germany. Purchasers from the European Union need to provide their VAT-ID to exclude German VAT. VAT is always excluded for purchasers outside the European Union. ConSol* products are pure software solutions which are being shipped electronically.
12. ConSol* offers a general refund guarantee within 14 calendar days of the date of purchase and if a response key was not yet requested by the purchaser. Please note that ConSol* RCE will operate for 30 days without limitations after the first installation. The purchaser needs to request a response key to unlock the 30 days limitation. The refund guarantee expires once the response code was provided by ConSol*. ConSol* strongly recommends to try ConSol* products by requesting a test license before placing a purchase.

Copyright Dietrich Kanz, ConSol* Software GmbH, Munich. 1984-2009. All rights reserved.

For further information please contact:

ConSol* Software GmbH

Franziskanerstr. 38

81669 Muenchen

Phone: +49 89 - 45 84 11 - 00
Fax: +49 89 - 45 84 11 - 11

info@consol.de

http://www.consol.de