1. These terms and conditions are applicable between the seller of the software (COMINTO GmbH, Klosterstraße 49, 40211 Dusseldorf | Register: Local Court of Dusseldorf | HRB 37889 – hereinafter COMINTO) and the buyer of the software (hereinafter customer). The subject of the T&C are the contracts of sale for the standard software listed below (§ 3).
2. COMINTO has the right to modify these T&C with a period of six weeks in advance. The customer shall be informed by email or in writing of any changes by COMINTO. When the customer is informed of the change, they will also be informed that all the changes will become part of the contract between the contracting parties if the customer does not object to this change within a period of six weeks from the notification of the change by email or in writing.
The contract for services by COMINTO comes about:
1. When the customer accepts the offer to conclude a contract on the COMINTO website by using the download option. This is done by entering all the necessary information for registration, selecting the offer and pressing “Buy” without prejudice to the amount of the agreed remuneration.
2. However, the customer may only acquire the product when they accept the T&C by clicking “Accept T&C”, thus making the T&C an integral part of the order.
3. The contract can only be concluded with persons of legal age. With the confirmation of the T&C you also confirm your age of majority.
4. After the contract is conclude, the customer receives a separate email with the order confirmation, containing the order status and the T&C.
1. The subject of the contract is the permanent transfer and the non-exclusive, perpetual right to use the Blätterkatalog software via download (licensed software) along with licence key.
2. The components of the contractual software are the Blätterkatalog manager that converts PDF files into Blätterkatalog data format, and the Blätterkatalog HTML5 web version for online display in the browser as well as the associated application documentation (also in printable form).
3. The Blätterkatalog software can be used to create a so-called flip catalogue as an online flip page ePaper (catalogue, magazine, brochure) from a PDF document (PDF or complete single-page with the same dimensions as a PDF). The Blätterkatalog manager thereby converts the PDF pages introduced by the customer 1:1 into the flip catalogue format. The design of the Blätterkatalog pages is exactly the same as the design of the submitted PDF pages. The licensed software does not create graphics or edit individual pages. The nature and functionality of the software contract arises conclusively from the website of COMINTO [Klosterstr. 49, 40211 Dusseldorf] demo version available for trial. COMINTO shall not be responsible for any further scope or functions. The functions included in the demo version are to be understood as service descriptions and not guarantees.
4. The source code of the software is not part of the purchase contract.
5. Software updates are included in the purchase price for the first year (12 months) after purchase of the Basic, Premium and Premium Plus versions. From the second year onwards, updates must be purchased separately if required. In the case of the Professional version, updates are not included in the purchase price and can be purchased on request.
6. Installation and configuration services are not covered by this contract.
1. COMINTO grants the customer upon full payment of the agreed sum where appropriate a non-exclusive perpetual right to use the licensed software. This includes the following functions:
– Basic version: use of the software on one workstation (creation of Blätterkatalogs with max 30 pages per issue.).
– Premium version: use of the software on one workstation (creation of Blätterkatalogs with unlimited pages per issue).
– Premium Plus version: use of the software on one workstation (creation of Blätterkatalogs with unlimited pages per issue). In addition there is the option of inserting a logo in the toolbar of the Blätterkatalog and the preloader.
2. The customer is not entitled to analyse, translate, edit, decompile, reverse (reverse engineering), disassemble the software, libraries or any portion of the software components or integrate the software with other software or insert it into other application software. The customer is only entitled to decompile the software within the limits of § 69e UrhG [Copyright Act] and only if we have not provided the necessary data and/or information within a reasonable period after a written request to obtain interoperability with other hardware and software. COMINTO reserves the right to provide the necessary information in return for payment or to refuse to do so.
3. The customer is not entitled either themselves or through third parties to make modifications or interventions on the software, even in an attempt to eliminate any bugs.
4. Renting and lending the software, a copy of the software or the user documentation, granting sub-licences, and the use of the software within an Application Service Provider (ASP) or as a service software as a service (SaaS) is not allowed.
5. The customer is not authorised to produce a copy of the user documentation for third parties, to change it, if necessary, in order to continue to use it or to publish it.
6. The customer is entitled to transfer the acquired copy of the contract software and documentation to a third party if they completely surrender their own use and permanently remove/delete all installed copies of the program from their computers.
7. The customer is entitled to make a backup copy, if this is necessary to ensure future use.
1. The software is available for download as a free trial-version and a paid version in different designs.
2. The purchase price is payable using the payment method available on the website before downloading.
3. All prices are net, i.e. excluding the applicable sales tax.
4. The customer shall receive the invoice via email within five working days from the purchase date.
1. COMINTO shall be liable for defects in accordance with the applicable statutory provisions, particularly §§ 434 et seq BGB (German Civil Code).
2. Subject of the warranty is the software exclusively in the version supplied by COMINTO. Software errors resulting from interventions by the customer after purchase are not covered by the warranty and neither are errors on the customer’s operating system or users or third-party products.
3. If the customer is a business, it should check the contractual software immediately after receipt for obvious defects and immediately advise COMINTO of any defects that are found. Otherwise the warranty for these defects is void. The same applies if such a fault becomes evident later. § 377 HGB applies.
4. If the customer is a business, COMINTO is initially entitled to supplementary performance, i.e. it can choose to remedy the defect (“repair”) or provide a replacement. COMINTO is entitled to remedy defects by delivery of a new release or to carry out such changes to the software which may be necessary due to defects, at no extra cost for the customer, unless this leads to unacceptable impairments. In the event of a breach of the law, COMINTO shall, according to its choice, provide the customer with a legally faultless use of the contractual software or modify it in such a way that no third party rights are infringed.
5. The customer has to provide reasonable assistance to COMINTO to find and remedy a defect, for example by giving a detailed description of the defect in written form, making screenshots or describing the system. COMINTO is entitled to provide the warranty on the customer’s premises.
6. The customer’s right to reduce the purchase price or withdraw from the contract, in the event of the repair or replacement failing twice, according to their choice, remains unaffected.
7. The warranty period is two years or one year if a consumer is not involved in the transaction. The period begins when the software is downloaded.
8. Minor defects are not a reason for withdrawal.
9. If the customer is a consumer, the statutory warranty regulations apply without limitation.
If the customer is a consumer, when they make a remote purchase, they have a statutory right of withdrawal, about which COMINTO will provide information below in accordance with the legal standards.
|Right of withdrawal|
|You have the right to cancel this contract within fourteen days without giving a reason.|
|The withdrawal period is fourteen days from the date of the conclusion of the contract.|
|To exercise your right to withdrawal, you have to inform us [Cominto GmbH Klosterstr. 49, 40211 Dusseldorf, Tel. +49 211 – 6000 16 81, Fax +49 211 – 6000 16 89, firstname.lastname@example.org] of your intention to withdraw from this contract in an unambiguous manner (e.g. by post, fax or email). You may use the attached withdrawal form template for this purpose, but this is not compulsory.|
|In order to comply with the withdrawal period, it is sufficient for you to send us notice that you are exercising your right of withdrawal before the withdrawal period has expired.|
|Consequences of withdrawal|
|If you choose to withdraw from this contract, we will refund all payments we have received from you, including shipping costs (except for additional costs arising in the event of selecting a method of shipping different from the most cost-efficient standard delivery offered by us), without delay, and at the latest within fourteen days from the date on which we received the notice of withdrawal from this contract. The repayment will be made using the same payment method that you used for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for this repayment.|
The right of withdrawal expires in accordance with § 356 para. 5 BGB before the expiry of the said period, if the consumer
– has expressly agreed that COMINTO should begin with the execution of the contract before the end of the withdrawal period, and
– the consumer confirms they are aware of the fact that they lose their right of withdrawal with the start of the execution of the agreement.
This is done by a confirmation (“Check”) of the corresponding declarations, without the acceptance of which the immediate download of the contract software offered by COMINTO is not possible.
1. COMINTO shall be liable without limitation for intent and gross negligence by COMINTO, its legal representatives or agents and claims for damages by customers arising from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations). Essential obligations are those whose fulfilment is necessary to achieve the objective of the Agreement. Other claims for compensation are excluded. In case of negligent breach of a contractual obligation, COMINTO is be liable only for the extent of the damage which is foreseeable and typical for the type of transaction, unless there are damage claims by the customer from injury to life, body or health.
2. COMINTO is not liable for damages that could have been prevented if the customer had taken reasonable measures – especially regarding program and data backup.
3. The provisions of the Product Liability Act remain unaffected.
1. COMINTO will treat the customer information communicated in connection with the business relationship according to the relevant data protection regulations.
2. COMINTO is entitled to use the customer as a reference on the website or in other publications for the acquisition of COMINTO software. The reference can include both the name as well as any logo of the customer. The customer can object to a reference. COMINTO will then no longer use the reference in future.
1. The contractual relationship shall be governed by German law, the CISG is excluded. The place of fulfilment is Düsseldorf.
2. Side agreements made verbally shall not be valid.
3. The contract language is German. If these T&C (in German) have been translated into another language and made available to the customer, the German version shall govern the contractual relationship with COMINTO. This applies in particular, if there are anomalies or inconsistencies between the German version and a translated version.
4. Amendments and additions to this contract must be made in writing in order to be legally valid.
5. If individual provisions of this agreement are invalid, the validity of the remaining provisions shall not be affected.
6. If the customer is a merchant or legal entity under public law or has no general jurisdiction in Germany, Düsseldorf shall have exclusive jurisdiction.
7. General terms and conditions of the customer do not apply.
8. The European Commission provides a platform for online dispute resolution (OS), which can be accessed via the following link: http://ec.europa.eu/consumers/odr/
Düsseldorf, 29 November 2018