General Terms and Conditions of ITA Media GmbH

1
General
1.1
These terms and conditions between any customer and ITA Media Entwicklungs- und Vertriebsgesellschaft mbH - Försterweg 2, D-14482 Potsdam, HRB 22 980, registered at Potsdam district court and represented by the managing director Joachim Knaf - hereinafter ITA Media – contain all applicable regulations. They can only be modified by written agreements between the parties. Differing or conflicting conditions are not accepted by ITA Media, unless they are not explicitly approved by ITA Media.
1.2
The license code for the Software shall be delivered only on the condition that the customer accepts these terms and conditions.
2
Contract, subject-matter
2.1
Any order of the license key is a binding offer according to § 145 BGB. If a customer is accepting this offer ITA Media will send an email with the license code.
2.2
ITA Media is entitled to accept the offer within seven working days after receipt of the order. The contract is concluded when the ITA Media accepts the offer by sending the license code to the customer.
2.3
The customer buys from ITA Media only the license key. Any use of the software requires an additional license agreement between Nimblo OG, Science Park, Plüddemanngasse 39, A-8010 Graz, and the customer which takes place during the installation process of the software. All warranty claims due to the defectiveness of the software are handled through the license agreement between Nimblo and the customer.
3
Right of withdrawal
3.1

The software is only available for direct downloads from the Internet, so the right of withdrawal is excluded under § 312 BGB Abs.4 No.1.

4
Pricing and payment
4.1
Invoices are payable to ITA Media and payable immediately without deduction. In case of non-payment after a period of 30 days after the receipt of the invoice the customer defaults without any need for a warning. The interest to consumers is 5% and 8% for businesses on the base rate.
4.2
The prices quoted include VAT.
5
Limited liability
5.1
ITA Media is liable only for intent and gross negligence. In addition, ITA Media is liable for the negligent breach of duties, the fulfillment of the regularity of the contract, the violation endangers the achievement of the purpose and trust in its compliance with the customer. In the latter case, ITA Media shall be liable only for predictable, contract damages. ITA Media is not liable for the negligent injury other than the obligations referred to the preceding sentences. The liability exclusions may not apply to injury to life, limb and health. The product liability law remains unaffected.
5.2
Under the current state data communications over the Internet can not be guaranteed at all times. We respect neither liable for the continuous and uninterrupted availability of the online trading system.
6
Privacy Policy
6.1
Any personal data provided by the customer (title, name, address, birth date, e-mail address, telephone number, fax number, bank account, credit card number) is processed exclusively in accordance with the provisions of German data protection law.
6.2
Personal data are necessary for the establishment, content, or modification of the contract. Personal data will only be used to process the sales contracts concluded between ITA Media in order to deliver goods to the customer's address. A further use of the data for the purpose of advertising for updates, latest products and services of ITA media, requires the customer´s consent. The customer is requested to give his consent to record his personal before he orders any product. This consent is entirely voluntary, and can be revoked at any time by the customer.
7
Additional conditions
7.1
Amendments or additions to these terms and conditions are only binding in in written form. This also applies for the waiver of this requirement.
7.2
It is the law of the Federal Republic of Germany excluding the UN sales law.
7.3
Performance and exclusive jurisdiction for all disputes arising out of or in connection with this contract is Potsdam.
7.4
If any condition of this agreement may be ineffective or oppose the statutory requirements, the validity of the contract shall remain unaffected. The ineffective provision is replaced by the Parties through a legal condition that the economic meaning and purpose of the invalid condition comes closest. The above rule applies to regulation gaps.
Date: 01.05.2010