General Terms and Conditions of Business of the webshop

Section 1 Cancellation rights for consumers

In accordance with Section 13 BGB (German Civil Code) a consumer is a natural person who enters into a legal transaction for purposes that largely can neither be attributed to their commercial nor self-employed professional activity. Consumers have the following cancellation right:

Cancellation right
You are entitled to cancel this contract within fourteen days without stating reasons for such action. The cancellation period is fourteen days from the day on which the contract is entered into.

To exercise your cancellation right, you need to inform us (Jawset Visual Computing, Jascha Wetzel, Oberföhringer Str. 194, D-81925 Munich, Germany, Tel. +49 (0) 89 200 336 22, e-mail: info@jawset.com) by way of an unequivocal declaration (e.g. a letter sent by post, facsimile or an e-mail) of your decision to cancel this contract. You may use the enclosed sample cancellation form in that respect. However, you are not required to use that form.

To safeguard the cancellation right, it is sufficient if you forward the notification of exercising the cancellation right prior to expiry of the cancellation period.

If you cancel this contract, we shall be required to repay to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you a type of delivery other than the most favourable standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we shall use the same payment method that you used in your original transaction unless something to the contrary was expressly agreed with you; under no circumstances shall we charge you fees for such a repayment.

We may refuse to make the repayment until we have received the returned goods or until you furnish proof that you have sent the goods back depending on whichever is the earlier of the two.

Reference to Section 356(5) BGB with regard to the delivery of digital content:
The cancellation right shall expire in the case of a contract for the delivery of digital content not contained on a physical data carrier, including if the entrepreneur has started to execute the contract – in this case the provision of the software in the customer log-in area – once the consumer has granted his express consent in that respect and simultaneously confirmed his awareness that his cancellation right shall be forfeited at the time at which execution of the contract begins.

Section 2 Scope

(1) The following General Terms and Conditions of Business apply to all deliveries and services of Jawset Visual Computing (hereinafter: Jawset) in the case of orders placed via this webshop.

(2) With regard to the business relations between Jawset and the customer via this webshop, solely the following General Terms and Conditions of Business, as stated in the respective version that is valid at the time the order is placed by the customer, apply. Jawset's General Terms and Conditions of Business have preference, above all, over the customer's terms and conditions of business, delivery, contract and purchase. The latter shall not become an integral part of the contract including if they are not expressly rejected by Jawset. These General Terms and Conditions of Business shall also apply if Jawset unconditionally delivers to the customer in knowledge of contrary or differing conditions of the customer.

Section 3 Offers and entering into contracts

(1) During the course of placing an order, the customer may amend the order at any time, lastly at the order overview in the shopping basket area. The subject matter of contract is the sale of software via Jawset's webshop. The key features of the goods are set out in the details of product description.

(2) By way of placing the order by pressing the "buy now" button in the shopping basket area, the customer makes a binding offer within the meaning of Section 145 BGB. Jawset provides confirmation of receipt and content of the customer's order by e-mail.

(3) A contract is brought about between Jawset and the customer directly after the customer presses the "buy now" button.

(4) Jawset does not save the entire contractual text after the contract is entered into, and does not make this available to the customer in full either. However, as part of the processing of purchases, the customer receives e-mail confirmation of the order with details of the order data and the contractual content, the General Terms and Conditions of Business and the cancellation notice. Furthermore, the customer may print and save the contractual text and the General Terms and Conditions of Business via the website.

Section 4 Prices

The list prices as stated in Jawset's German webshop valid at the time of order apply. The prices are to be understood from the company's registered office and constitute final prices, which include all price elements and all applicable taxes. Where applicable, prices shall be stated without VAT in the special webshops for visitors of other countries outside Germany.

Section 5 Subject matter and form of delivery of software; download area

(1) The software as an object of purchase shall be made available to the customer exclusively as a download in the customer's personal log-in area in an executable form (object code) with a license key in conjunction with the documentation released in that respect by Jawset (viewable at http://help.jawset.com). The personal customer log-in area can be accessed via Jawset's website.

(2) The software has the functionality stated in the documentation. You can view this documentation of the functionality before entering into the contract in this internet presentation on the following page: http://help.jawset.com.

(3) The required utilisation rights are granted via the separate licensing agreement/EULA, which is stated in an Annex to these General Terms and Conditions of Business and is, therefore, an integral part of the contract. The non-exclusive copyright utilisation rights granted by way of the licensing agreement/EULA are granted exclusively to the customer with whom the contract is entered into in accordance with Section 3.

(4) The software and the license key are made available to the customer as a download, directly following receipt of payment, at the customer's personal customer login-in area. Provided the customer does not yet have a personal customer log-in area, he will be provided with one. The e-mail address stated for the order is used as access identification. The customer can initially set or amend the password at any time at http://jawset.com/reset_password.

(5) Solely the customer has access to his personal customer log-in area. The access data are to be treated in confidence, and may not be forwarded to third parties by the customer. In accordance with Section 5(3) only the customer in the capacity of buyer may be granted utilisation rights in line with the licensing agreement/EULA. Therefore, downloading the software by a third party may constitute a copyright infringement.

(6) The software is supplied via the Jawset webshop exclusively by way of making available the download option. Therefore, shipping costs do not apply.

(7) Jawset honours its contractual obligations at the time of making available an operational copy of the software in the personal customer log-in area, and facilitating the implementation of the download function by the customer. Downloading the software is incumbent upon the customer. Jawset shall be entitled to payment of the full purchase price including if the customer fails to download the software that is the subject matter of contract.

Section 6 Payment conditions

(1) In general, Jawset supplies subject to payment via the payment methods and payment options offered in "Payment" on the website.

(2) Jawset shall invoice the customer for the ordered goods. Such an invoice is sent by e-mail.

(3) The customer is only entitled to set off the purchase price claim if his counter-claims have become res judicata, are undisputed or have been acknowledged. In addition, the customer shall only be authorised to exercise a right of retention if his counter-claim is based on the same contractual relationship.

Section 7 Guarantee

The licensing conditions/EULA agreed warranty rights apply.

Section 8 Liability

The licensing conditions/EULA agreed liability conditions apply.

Section 9 Final provisions

(1) All legal relations resulting from this contractual relationship are subject to the law of the Federal Republic of Germany by way of exclusion of the UN Sales Law. This choice of law applies to consumers only insofar as protection afforded by mandatory provisions of the law of the State in which the consumer has his habitual residence is not withdrawn. English is the contractual language.

(2) Munich is deemed the place of jurisdiction for all disputes provided the customer is a merchant or is placed such or if he has his registered office or his branch abroad.

(3) In the event that a provision of these General Terms and Conditions of Business is / becomes invalid or impracticable, this shall not affect the validity of the General Terms and Conditions of Business in other respects.

Annex

End-User License Agreements (EULA)

EULA for Postshot

EULA for TurbulenceFD

Annex

If you wish to cancel the contract, please complete this form and return it to us.

To the company
Jawset Visual Computing
Jascha Wetzel
Oberföhringer Str. 194
D-81925 Munich, Germany

E-mail: info@jawset.com

I/we (*) cancel the contract I/we (*) entered into for the purchase of the following goods (*)/the rendering of the following service (*):

______________________________________________________________________________
______________________________________________________________________________
(Description of goods/services, where applicable order number and price)

Ordered on (*)/received on (*): _____________________________________ (Date)

Name of the consumer(s):
______________________________________________________________________________

Address of the consumer(s):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

Signature of the consumer(s) (only in the event of notification on paper):
______________________________________________________________________________
Date: _____________________________________
(*) Delete as applicable.