General Terms and Conditions of Business of the webshopJawset Visual Computing
D-81679 Munich, Germany
Phone: +49 (0) 89 200 336 22
E-mail: firstname.lastname@example.org VAT ID: DE815190486
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 notice
To exercise your cancellation right, you need to inform us (Jawset Visual Computing, Jascha Wetzel, Rauchstrasse 1, D-81679 Munich, Germany, Tel. +49 (0) 89 200 336 22, e-mail: email@example.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.Cancellation consequences
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
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.
Reference to software function, applicable protective measures, restrictions of interoperability and compatibility of the software
The software provides functions that can be used to help create and/or analyse digital image data.The software needs to be activated once it has been installed. There are three different activation methods for the software:
1. Activation by entering a licensing key
2. Direct online activation by way of an e-mail/password combination
3. Indirect online activation via the website by way of request/response codes.
One or more of these methods shall be supported depending on the acquired license type.Single User License
Activation methods 1, 2 and 3 are supported.Volume License
Activation methods 2 and 3 are supported. The activation method is linked to a hardware system, and can only be transferred to other hardware systems following consultation with Jawset.Floating License
Activation methods 2 and 3 are supported. The software requires an internet connection at regular intervals to maintain the activation.
Reference to interoperability restrictions and software compatibility
There is an option of accelerating some functions via Nvidia GPUs with Compute Capability 2.0 or a later version (see http://developer.nvidia.com/cuda-gpus). However, the full function scope of the software is also available without these GPUs.
The software system requirements on the hardware and software beyond this are stated in the respective product description.
End-User License Agreement (EULA)
BY INSTALLING OR USING THIS SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
This software is provided "as-is", without any expressed or implied warranty. In no event will JAWSET VISUAL COMPUTING be held liable for any damages arising from the use of this software.
The Learning Edition may be used for evaluation and demoing purposes only.
The Educational License may be used for non-commercial work only.
Commercial Licenses including the Floating License, Single User License and Volume License may be used for any purpose subject to the restrictions specified below.
Licenses are issued for a specific number of seats. You may use the software on no more than that number of machines at a time. The Volume License is node-locked to a single machine. It may not be used on any other machine unless explicitly transfered by JAWSET VISUAL COMPUTING.
In addition to the licensed seats, you may use the software to render on any number of render nodes. Using the GUI and any other functionality than rendering is limited to the number of seats acquired as described above.
You may not redistribute, resell, rent, lease or sub-license the software in any form without written permission by JAWSET VISUAL COMPUTING.
You may not disassemble, create derivative works, modify, reverse engineer, adapt or decompile the software.
The software is copyrighted. All rights remain with JAWSET VISUAL COMPUTING.
AnnexSample cancellation form
If you wish to cancel the contract, please complete this form and return it to us.
To the company
I/we (*) cancel the contract I/we (*) entered into for the purchase of the following goods (*)/the rendering of the following service (*):
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):