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| I. |
Purchase |
| | The software JazzTrainerAS ("software") is provided by JazzTrainer.com
Andreas und Michael Apitz GbR ("we", "us", "our") exclusively via e-shop of the
www.JazzTrainer.com website ("website"). On purchase the customer is
granted a license to use the software, as specified below at paragraph V. |
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| II. |
Contract and Cancelation |
| | 1. | The website represents a binding offer in terms of contract.
After registration on the 'Buying' page the customer will receive a login password via e-mail.
The customer accepts the offer by payment, thereby entering the contract of sale. |
| | 2. | Due to the delivery of the software via e-mail cancelation is definitely
excluded (§ 312d par. 4 No.1 of German Civil Code). |
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| III. |
Prices and Conditions of Payment |
| | 1. | Prices are valid as quoted on the website. They are subject to change. |
| | 2. | Payments have to be made in advance. The customer will be forwarded to the website of the
online-payment service 'PayPal'. There he chooses to pay using his credit card, debit card
or bank account. |
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| IV. |
Delivery |
| | On receipt of payment we will promptly send an e-mail to the customer containing the following attachments: |
| | 1. | the software (JazzTrainerAS.jar), |
| | 2. | instructions for installing and unlocking the
software (GetStarted.html, ErsteSchritte.html), |
| | 3. | the general terms of business (Terms.html, AGB.html), |
| | 4. | the invoice (Invoice.html, Rechnung.html). |
| |
| V. |
License Agreement |
| | 1. | License and Conditions of Use |
| | We grant to the customer an unlimited-in-time, non-exclusive and non-transferable
license to use the software, to which the following conditions apply: |
| | a) | The license is limited to 1 user and
1 computer and cannot be run on several computers, neither simultaneously nor successively. |
| | b) | While we provide the software to the customer,
it will still remain our property, as will any copy derived from it. |
| | c) | The customer may not
sell or otherwise transfer the license to third parties. |
| | d) | The software may not be decompiled, modified,
corrected or reassembled by the customer nor any third party. |
| | e) | The customer acknowledges our copyright on
the software. |
| | f) | The customer accepts that we
will request, store and use personal data on registration, as per Privacy Statement under VI. |
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| | 2. | Our Liability |
| | a) | We warrant that the software
substantially functions as described on the website and in the tutorials and
help files included in the software.
We endeavor to fix any defects or errors in the software as soon as possible.
We will announce available software updates on the website,
and provide them to the customer on request.
In case we cannot fulfill the obligations resulting therefrom, our liability as a whole is
limited to the purchasing price as per contract of sale. |
| | b) | We will not accept liability for any
loss or damage of data, by any cause whatsoever. |
| | c) | We will not accept liability for any
material damage or personal injury resulting from the use of the software. |
| | d) | We are not liable for any
consequential loss or damage, including those caused by the claims of third parties. |
| |
| | 3. | Termination of the License |
| | a) | The customer is entitled to terminate the
license and to demand a closing of his customer access on the website and a deletion or, if not possible
due to overriding regulations, a blocking of his customer data.
A reimbursement of the price is excluded. |
| | b) | In case the customer materially infringes the
conditions of use as under V.1., we are entitled to terminate the license without reimbursement
of the price. On termination the customer is obliged to delete the software
and all copies derived from it. |
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| VI. |
Privacy Statement |
| | In accordance with the German laws for data protection, we will
store and use personal data only for purchase and license transactions and for
responding to the requests of the customer. We will not pass on details to any third parties. |
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| VII. |
Concluding Clause |
| | Should any part of the above terms of business be or become invalid, this shall not alter the
validity of the remaining parts. |
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| VIII. |
Address / Jurisdiction |
| | 1. | Our address is as follows:
JazzTrainer.com Andreas and Michael Apitz GbR /
Huegelhof 91 / 88634 Herdwangen-Schoenach / Germany. |
| | 2. | The place of jurisdiction is Sigmaringen / Germany. In the event of controversies the German original
text of this license agreement will apply. |