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Terms and Conditions (GTC)
of the company KraLos GmbH, for deliveries, services and software licenses

Cancellation policy for consumers i.S.d. § 13 BGB
This cancellation policy applies to the ordering of digital content
right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded.
In order to exercise your right of withdrawal, you must

KraLos GmbH
Worthstrasse 21
31303 Burgdorf
Germany
Commercial register: HRB 208042
Register court: Local court Hildesheim
Represented by: Managing directors: Carsten Klein and Christian Greiwe
Phone: +49 5136 920 1334
Fax: +49 5136 920 1557
E-Mail: info@kralos.eu 
Sales tax identification number: DE351601950

by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to enter into this contract revoke inform You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
End of the cancellation policy


This cancellation policy applies to the order of goods that are delivered.
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must
KraLos GmbH
Worthstrasse 21
31303 Burgdorf
Germany
Commercial register: HRB 208042
Register court: Local court Hildesheim
Represented by: Managing directors: Carsten Klein and Christian Greiwe
Phone: +49 5136 920 1334
Fax: +49 5136 920 1557
E-Mail: info@kralos.eu 
Sales tax identification number: DE351601950


by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to enter into this contract revoke inform You can use the attached sample revocation form for this, but this is not mandatory.To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of ​cancellation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. We bear the costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Note: There is an exception to the statutory right of withdrawal according to Section 312g Paragraph 2, S.1 No. 6 BGB for contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery. In these cases, a consumer is not entitled to a statutory right of withdrawal according to § 13 BGB.

End of ​cancellation
Please note that you can use our free, fully functional test versions to test our products without obligation.

Contractual bases
scope
These terms and conditions apply to all contractual relationships and pre-contractual negotiations with our customers, regardless of the type and scope of the service in the context of current and future business relationships.

exclusivity
Our terms and conditions apply exclusively: Conflicting terms and conditions of our contractual partners or third parties are only valid if we expressly agree to their validity in writing. If you do not agree to this, please inform us immediately in writing. In this case, we must reserve the right to withdraw our offers without any claims of any kind being made against us. We hereby expressly object to the formal reference to our own terms and conditions.

Conclusion of contract and written form
In principle, we only enter into a contractual obligation if the type and scope of the service and consideration have been specified in writing by both parties. Subsequent verbal changes and additions only become effective if they have been confirmed in writing afterwards. The same applies to all declarations of intent, in particular complaints, reminders and notices of defects within the framework of the contractual relationship.

Licensing of software and hardware



License and Scope of Use

In our capacity as legal owner, we transfer to the customer the non-transferrable and non-exclusive right to use the software specified in the order and/or the invoice and, if available, the documentation material for an indefinite period of time. Area of ​​application, performance and all other specific program properties are determined solely from the documentation attached to the program. The customer acquires the right to use the software on as many workstations (possibly integrated in a local network) as he has acquired licenses. The assessment basis for this is the number of licenses listed in the relevant invoice and any special agreements made (site licenses, national & worldwide company licenses). As workstations in

Network also includes home workplaces belonging to the network, portable computers temporarily connected to the network as well as

remote jobs. If these only serve as a replacement for workstations integrated into the local network, no additional workstation license is required for this. If the agreed number is exceeded, error-free operation cannot be guaranteed. Simultaneous operation also includes the use of the software on portable computers.

Ownership and Copyrights
The software provided to the customer, including all documentation, remains our property. We remain the owner of all copyrights and rights of use to the programs provided to the customer, including the associated documentation, even if the customer changes them or combines them with his own programs and/or those of a third party. In the case of such changes or connections as well as when making copies, the customer attaches a corresponding copyright notice. Changes and extensions to the program code, which are carried out at the request and expense of the customer, become our property and can be transferred to other customers be made available after the customer's consent. The rights of use for the program improvements are assigned to KraLos GmbH. KraLos GmbH hereby accepts the assignment. If programs modified by the customer or third parties or other programs not purchased from us are used and the function of the system is thereby impaired, we are not liable for any damage incurred. The delivered hardware remains our property until full payment.

Payments
The customer is obliged to pay a one-off license fee for using the software for an indefinite period. The amount of the license fee depends on the current prices or on the separately made agreements according to the order or invoice. If the customer is more than 14 days in arrears with payments due, we are entitled to charge interest on arrears at a rate of 5% above the applicable base interest rate p.a. a. to calculate. If invoices for deliveries and services are paid using the SEPA basic direct debit procedure / company direct debit procedure, the customer will receive advance information about the direct debit no later than one day before the due date. This preliminary information will be provided with the transmission of the invoice to be collected.

Customer Obligations
The programs provided and the documentation material may not be made accessible to third parties, either in whole or in part, with indications of possible misuse. The customer may not change our markings, copyright notices and ownership information on the programs in any way. He has to obligate his employees accordingly.

Termination
We can terminate the contract with immediate effect if the customer is more than two months in arrears with the agreed payment of the license fee and/or the customer - after a written warning - continues to violate a provision of these general terms and conditions or other individual contractual regulations. The customer is only entitled to terminate this contract because of a delay in performance on our part or because of defects that cannot be remedied if we have not met our obligations and if he has warned us in writing beforehand and a reasonable period of time has elapsed in which the alleged breach of contract has not been remedied is. Within a period of five days after termination of the license, the customer destroys all programs, copies and associated materials, including modified or combined programs, unless these are required by law must be kept. The customer confirms in writing within 30 days, without being asked, the destruction or storage due to legal provisions.

Delivery, warranty, liability & returns
Delivery and Deadlines

Delivery dates and delivery periods are generally non-binding temporal orientation aids, unless they have been expressly agreed in writing as fixed dates. We reserve the right to adapt the specifications of the licensed product, e.g. to technical developments, changes in the law or future market requirements. Unless otherwise stated, source codes are not part of the delivery. The same applies to individual adjustments or extensions of the software. If you lose the software, the password and/or any printed documentation that may have been supplied, we will deliver a replacement copy (if it is still available) within your support period against payment of the cost price (free of charge via e-mail). We only guarantee that the software will run correctly on the operating systems that we have approved.

Warranty
For a period of twelve months from the time of handover, we guarantee that the product's functionality essentially corresponds to the description in the documentation. If the customer is a consumer within the meaning of the German Civil Code, the warranty period is two years. Liability for a specific quality only exists if this has been expressly agreed in writing. We would like to point out that, given the current state of technology, it is not possible to create completely error-free computer software. The customer will inspect the product immediately after delivery and immediately notify the seller in writing of any obvious errors. If an error occurs in the software, the customer is obliged to report this in writing within two weeks to report to us. As part of the written notice of defects, the defect and its form of appearance must be described in such detail that it is possible to check the defect (e.g. presenting the error messages) and to rule out an operating error (e.g. specifying the work steps). If the notice of defects proves to be justified, the customer sets us a reasonable deadline for supplementary performance. The customer informs us what type of subsequent performance - improvement of the delivered item or delivery of a new, defect-free item - he wants. However, we are entitled to refuse the selected supplementary performance if this can only be carried out at disproportionate costs for us and if the other type of supplementary performance would not entail any significant disadvantages for the customer. We can also refuse supplementary performance altogether if it can only be carried out at disproportionate costs for us. We are entitled to make two attempts within the period set by the customer to carry out supplementary performance for the same defect or a defect that is directly related. After the second failed attempt at supplementary performance, the customer can withdraw from the contract or reduce the license fee. The right of withdrawal or price reduction can be exercised after the first unsuccessful attempt at supplementary performance if the customer cannot be expected to make a second attempt within the set period. If subsequent performance is refused under the conditions set out above, the customer is immediately entitled to a reduction in price or the right to withdraw from the contract. Withdrawal due to an insignificant defect is excluded. We are entitled if it is actually impossible to rectify the error or for economic reasons it is unreasonable to provide an alternative solution if this leads to a suitable solution to the problem. We do not guarantee that the software meets the customer's special requirements or works with the customer's programs or the customer's existing hardware. If the customer has claimed against us because of the warranty and it turns out that there is either no defect or that the defect asserted does not oblige us to provide a warranty, the customer has us, insofar as he is responsible for our claim through gross negligence or willful misconduct reimburse all expenses incurred.

Limitations of Liability and Statute of Limitations
The use of the products purchased from us is strictly prohibited if people could be harmed if the products failed. In the case of intent and gross negligence, we are liable in accordance with the statutory provisions. In the case of slight negligence, we are only liable if an essential contractual obligation (cardinal obligation) is violated or if there is a case of delay or impossibility. In the case of liability due to slight negligence, this liability is limited to five times the order amount and to such damages that are foreseeable or typical. This limitation of liability also applies to liability resulting from slight negligence in the event of an initial inability on our part. Liability for the lack of guaranteed properties, due to fraudulent intent, for personal injury, defects of title, according to the Product Liability Act and the Federal Data Protection Act remains unaffected. In the event of a claim against KraLos GmbH for liability Contributory negligence on the part of the customer must be taken into account appropriately, in particular in the case of insufficient error messages or insufficient data backup. Insufficient data backup is given in particular if the customer has failed to take appropriate, state-of-the-art security measures against external influences, in particular against computer viruses and other phenomena that can endanger individual data or an entire database. Unless otherwise stated, further claims by the customer - regardless of the legal grounds - are excluded. We are not liable for lack of economic success, indirect damage and consequential damage and for damage from third-party claims. Liability for data loss is limited to the typical recovery effort that would be incurred if backup copies were made regularly and appropriate to the risk would have occurred. The limitation period for non-essential breaches of contract is limited to two years. All liability is excluded for our freeware products and beta versions, use is at your own risk. However, we make every effort to publish them without significant or known defects.

Support
Support is free for the first 6 months after purchase. After this period, support will be billed at an hourly rate. You can find out the current hourly rate from our sales department. During the selected period, you will receive support via email and telephone during our business hours.

Choice of law, place of performance and place of jurisdiction
The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of KraLos GmbH in Burgdorf. The same applies if the customer is an entrepreneur and does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is not known at the time the action is filed. The authority of KraLos GmbH to call the court at another legal place of jurisdiction remains unaffected.

License Terms
In addition, the license terms apply, which can also be viewed during installation. The license terms supplement and extend these GTC; in the case of conflicting passages, the corresponding regulation in the license agreement shall take precedence, provided that it is not invalid or not applicable.

Self-Promotion
Unless the customer objects, KraLos GmbH may use the customer's company logo as a reference on its own homepage.