{"id":8,"date":"2016-05-31T14:55:33","date_gmt":"2016-05-31T12:55:33","guid":{"rendered":"https:\/\/eurotext.de\/nl\/agb\/"},"modified":"2020-07-01T07:22:18","modified_gmt":"2020-07-01T07:22:18","slug":"algemene-voorwaarden","status":"publish","type":"page","link":"https:\/\/eurotext.de\/nl\/algemene-voorwaarden","title":{"rendered":"Algemene voorwaarden"},"content":{"rendered":"<p><span style=\"color: #ff9900;\"><em>This is a translation of terms and conditions originally written in German. In the event of legal proceedings, the original German terms and conditions apply, as does German law.<\/em><\/span><\/p>\n<h1>Algemene voorwaarden<\/h1>\n<ul>\n<li><a href=\"#\u00fcbersetzung\">Translations<\/a><\/li>\n<li><a href=\"#software\">Software Applications<\/a><\/li>\n<\/ul>\n<hr \/>\n<h2><b><span id=\"\u00fcbersetzung\" class=\"sta-anchor \" aria-hidden=\"true\"><\/span>Eurotext AG General Terms and Conditions for Translations<\/b><\/h2>\n<p>&nbsp;<\/p>\n<h3>\u00a71 Subject matter and scope<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 Eurotext AG provides translation, interpreting, and foreign language services. If the subject matter of the Agreement is translations or supplying of other linguistic work products, the term Work is used hereinafter.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 These General Terms and Conditions (GTCs) apply to all of our business relationships with our Clients. These GTCs only apply if the Client is an entrepreneur under BGB \u00a7 14, a legal entity under public law, or a special fund under public law under BGB \u00a7 310(1).<\/p>\n<p>(3)\u00a0\u00a0\u00a0 Our GTCs apply exclusively. Deviating, conflicting, or additional general terms and conditions of the Client or of third parties shall not apply, even if we do not specifically reject the application thereof in the individual case. General terms and conditions of the Client or of third parties shall only be incorporated in the Agreement if and in the extent to which we expressly consent to their applicability.<\/p>\n<h3>\u00a72 Termination of the Agreement<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 Our offers and presentations of services are conditional and nonbinding if they are not expressly identified as being binding or contain a specific deadline for acceptance.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 Placement of an order by the Client is considered to be a binding contractual offer. We may accept this contractual offer within 14 calendar days of receipt if the placement of the order does not render this impossible.<\/p>\n<p>(3)\u00a0\u00a0\u00a0 Acceptance may be declared by using our written order confirmation or by the performance of the service for the Client or by an effective offer to perform.<\/p>\n<p>(4)\u00a0\u00a0\u00a0 The Client shall provide to us all information and documents that are needed to prepare the translation or perform the other services (diagrams, explanations of abbreviations, company-specific lists of specialized terminology, previous translations, etc.). This shall be done promptly and without being requested to do so.<\/p>\n<h3>\u00a73 Procedures<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 The Client shall provide the original text to us free of charge.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 In matters that do not involve the translation per se, it is the responsibility of the Client to respect the rights of third parties.<\/p>\n<p>(3)\u00a0\u00a0\u00a0 Our services will be performed in accordance with the principles of good professional practice. Unless otherwise agreed, technical terms and expressions will be translated into the conventionally used, lexicographically acceptable, and generally understood version.<\/p>\n<p>(4)\u00a0\u00a0\u00a0 We shall translate the Work ourselves, or arrange to have it translated by third parties, duly observing any moral rights to the work, without additions, abridgments, or other changes in the original text, and as stipulated in the individual order.<\/p>\n<p>(5)\u00a0\u00a0\u00a0 We are responsible for ensuring that translations do not contain errors or defects that destroy or reduce the value of the translation with respect to the original text.<\/p>\n<p>(6)\u00a0\u00a0\u00a0 We shall provide the Work in the agreed format and by means of the agreed medium.<\/p>\n<h3>\u00a74 Granting of rights<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 In the event that we obtain any copyrights or similar intellectual property rights through performing the translation, we shall assign to the Client all exclusive usage rights, not limited with regard to time, territory, and content.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 The assignment of these rights shall occur upon payment of all invoices pertaining to the order. We shall retain usage rights to services and works provided by us that have not yet been fully paid for upon the termination of the Agreement.<\/p>\n<p>(3)\u00a0\u00a0\u00a0 The Client may assign all rights thereby granted to it to third parties, or it may grant usage rights to these rights to third parties. Our approval is not required for this purpose.<\/p>\n<p>(4)\u00a0\u00a0\u00a0 If the Client edits the Work, or arranges to have the Work edited, the Client shall refrain from adversely altering the Work in ways that are suitable for jeopardizing our intellectual or personal rights.<\/p>\n<h3>\u00a75 Delivery, late delivery<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 Place of performance for all responsibilities arising from the contractual relationship is the location of the headquarters of Eurotext AG, unless otherwise stipulated.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 At the request of the Client, and at Client\u2019s expense, the Work will also be delivered to other destinations, or the service will be performed at a different location. Unless otherwise agreed, we may specify the type of delivery (specifically: freight forwarder, delivery route, packaging). Depending on the Agreement with the Client, translations shall be delivered via an FTP server, our translation portal, email, regular mail, or courier. The delivery period is deemed to be met as soon as the item is available for pickup on the agreed servers, sent via email, or handed over to the agreed freight forwarder. Delivery periods and dates are based on the time of hand-off to the carrier, driver, or third parties otherwise responsible for transport.<\/p>\n<p>(3)\u00a0\u00a0\u00a0 The delivery period shall be agreed upon on an individual basis. If this is not the case, the delivery period will be approximately <strong>3<\/strong> weeks from the execution of the Agreement.<\/p>\n<h3>\u00a76 Transfer of risk<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 The risk of accidental destruction and accidental deterioration of the Work shall be transferred to the Client by no later than the handover to the Client. If an acceptance process is to be performed, this process shall govern the transfer of risk.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 However, upon shipment the risk of accidental destruction and accidental deterioration of the Work, as well as the risk of delay, shall already be transferred to the Client<\/p>\n<ul>\n<li>upon delivery of the work to the person responsible for carrying out the shipment;<\/li>\n<li>when made available for pickup on the agreed servers;<\/li>\n<li>when the electronic transfer process is initiated.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<h3>\u00a77 Prices, responsibility for expenses, payment terms<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 Unless otherwise agreed, our current prices at the time when the Agreement is executed shall apply.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 The prices apply to the deliverables stated in the order confirmations. Additional or special products or services shall be invoiced separately. The prices are quoted in euros excluding applicable value-added tax. Unless otherwise agreed, early-payment discounts are already included in the invoiced amounts.<\/p>\n<p>(3)\u00a0\u00a0\u00a0 The client is responsible for paying taxes and other official fees.<\/p>\n<p>(4)\u00a0\u00a0\u00a0 The invoice amount shall be paid in full within 14 calendar days of invoicing and delivery of the goods \/ performance of the services, unless otherwise agreed.<\/p>\n<h3>\u00a78 Offsetting, retention<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 The Client is only entitled to offsetting upon counterclaims if the Client\u2019s counterclaims are not contested or are found to be final and binding by a court of law. In the event of defects in the goods\/service provided, the Client retains its opposing rights.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 The Client only has retention rights if its claim is found to be final and binding by a court of law or is not contested. In the event of defects in the goods\/service provided, the Client retains its opposing rights.<\/p>\n<h3>\u00a79 Defective performance and warranty in the case of translations<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 Unless otherwise stipulated below, the provisions of law apply to the rights of the client in the event of defects.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 The Client must submit complaints about the Work\u2019s failure to comply with the requirements of \u00a7 3 without delay, and within 14 calendar days of delivery of the complete Work, stating the reasons in detail in writing. If a complaint is not submitted, or not submitted within the specified time period, the Work is deemed to be accepted.<\/p>\n<p>(3)\u00a0\u00a0\u00a0 In the event of justified complaints, the Client has the right to correction of the existing translation or retranslation within a reasonable time period.<\/p>\n<p>(4)\u00a0\u00a0\u00a0 If the defect is not successfully corrected, the Client may withdraw from the Agreement or may demand an appropriate reduction in the price. Unless otherwise indicated in these GTCs, further claims by the Client are barred.<\/p>\n<p>(5)\u00a0\u00a0\u00a0 Deviating from statutory requirements, warranty claims expire within one year.<\/p>\n<h3>\u00a710 Other liability<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 Unless otherwise provided for in these GTCs, including the following provisions, we shall be liable to the extent provided for under law in the event of a breach of contractual and non-contractual duties.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 We shall be liable in accordance with the provisions of law for compensation for damages \u2013 regardless of the legal grounds \u2013 in the event of acts of intent and gross negligence. However, we shall not be liable for cases of simple negligence on the part of our company bodies, legal representatives, employees, or other persons assisting us in performing our obligations, except<\/p>\n<ol>\n<li>for damages arising from harm to life, limb, or health,<\/li>\n<li>for damages arising from breach of a key contractual duty (an duty that must in all cases be fulfilled in order for the Agreement to be performed and whose fulfillment is routinely assumed and trusted to occur by the parties to the Agreement).<\/li>\n<\/ol>\n<p>(3)\u00a0\u00a0\u00a0 In the case of liability under subsection 2, sentence 2, however, our liability is limited to damages that we have foreseen upon execution of the Agreement as a possible consequence of breach of contract or that we should have foreseen upon the exercise of due diligence. Indirect damages and consequential damages resulting from defects in our contractual service, moreover, are only subject to compensation if such damages would normally be expected to occur if our contractual service were used as intended.<\/p>\n<p>(4)\u00a0\u00a0\u00a0 The limitations of liability resulting from subsection 2 do not apply if we fraudulently conceal a defect or if we have provided a guarantee of the Work\u2019s suitability for use. The same applies to the rights of the Client under the Produkthaftungsgesetz [German product liability law].<\/p>\n<p>(5)\u00a0\u00a0\u00a0 The Client may only withdraw from or terminate the Agreement as a consequence of a breach of a duty that does not comprise a defect if we are accountable for the breach of the duty. The Client does not have an unrestricted right to termination. Otherwise, the statutory requirements and legal consequences apply.<\/p>\n<p>(6)\u00a0\u00a0\u00a0 The above exclusions from and limitations to liability apply to the same extent to our company bodies, legal representatives, employees, and other person assisting us in performing our obligations.<\/p>\n<p>(7)\u00a0\u00a0\u00a0 If we provide technical information or provide advice and such activities are not included in the contractually agreed scope of services that we are to provide, this shall be done free of charge and excluded from any liability.<\/p>\n<h3>\u00a711 Intellectual property rights and naming of copyright holders<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 If the item\/service being provided infringes a commercial intellectual property right or a copyright held by third party, we shall, at our discretion and at our expense, modify or replace the item\/service being provided so that rights of third parties are no longer infringed but the item\/service being provided continues to perform the contractually agreed functions, or we shall procure the usage right for the Client by entering into a license Agreement. If we are not able to do so within a reasonable time period, the Client may withdraw from the Agreement or reduce the compensation accordingly. Any rights of the Client to compensation for damages are subject to the restrictions of \u00a7 10 of these GTCs.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 The Client shall name the translator in an appropriate manner as the translation service provider without being expressly instructed to do so. If license Agreements are entered into with third parties, the Client shall likewise impose a corresponding requirement on the licensee.<\/p>\n<h3>\u00a712 Handling data and confidentiality<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 In performing their contractual obligations, the parties agree to comply with statutory provisions and requirements pertaining to data protection, in particular the provisions of the Bundesdatenschutz- und Telemediengesetz [German federal data protection and telemedia law].<\/p>\n<p>(2)\u00a0\u00a0\u00a0 The parties to the Agreement shall treat as confidential all information and factual knowledge concerning the parties to the Agreement, manufacturing methods, business and operating secrets, data, and documents, provided that this information comes from the respective other party to the Agreement. Each party to the Agreement shall ensure that such a disclosure, even by third parties who work at or on behalf of a party to the Agreement, cannot occur.<\/p>\n<p>(3)\u00a0\u00a0\u00a0 Excluded from the requirement to treat as confidential are data and information that<\/p>\n<ol>\n<li>were already known to the recipient previously and to which a duty to treat as confidential did not exist, or<\/li>\n<li>were generally known or will become generally known, without the recipient being responsible therefor, or<\/li>\n<li>were communicated to or provided to the recipient by a third party without being subject to confidentiality requirements, or<\/li>\n<li>must be provided to government agencies pursuant to statutory requirements, or<\/li>\n<li>were released for publication in writing by the party providing the information, and<\/li>\n<li>are non-protected ideas, concepts, empirical knowledge, other methods and techniques, and information that is of a general nature or is obvious.<\/li>\n<\/ol>\n<h3>\u00a713 Final provisions<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 The laws of the Federal Republic of Germany apply to these GTCs and to all legal relationships between us and the Client. International uniform law does not apply. If this law makes reference to provisions of foreign law, such references shall not apply.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 If the Client is a merchant as defined by the Handelsgesetzbuch [German commercial code], a legal entity under public law, or a special fund under public law, the sole \u2013 including international \u2013 jurisdiction for all disputes arising directly or indirectly from this contractual relationship is the location of the headquarters of Eurotext AG. However, we also have the right to initiate legal proceedings in the Client\u2019s place of general jurisdiction. This provision does not apply to mandatory statutory requirements pertaining to exclusive jurisdictions.<\/p>\n<p>(3)\u00a0\u00a0\u00a0 Changes and amendments to this Agreement must be in writing. This clause itself may only be modified in writing.<\/p>\n<p>(4)\u00a0\u00a0\u00a0 If parts of this Agreement are or become null and void, the remaining parts of this Agreement are not affected thereby. In place of the clause that has become null and void, both parties shall agree to a clause that is in effect for both and that comes closest to the economic purpose of the part that is no longer in effect.<\/p>\n<p>(5)\u00a0\u00a0\u00a0 If the Agreement or these GTCs contain gaps in their provisions, the legally applicable provisions that come closest to those that would fill these gaps and that the parties to the Agreement, had they noticed the gaps in the provisions, would have agreed upon based on the economic objectives of the Agreement and the purpose of these General Terms and Conditions shall apply.<\/p>\n<p><em>Disclaimer: This is a translation of terms and conditions originally written in German. In the event of legal proceedings, the original German terms and conditions apply, as does German law.<\/em><\/p>\n<hr \/>\n<h2><span id=\"software\" class=\"sta-anchor \" aria-hidden=\"true\"><\/span>General Terms and Conditions of Use for Eurotext AG Software Applications<\/h2>\n<p>&nbsp;<\/p>\n<h3>\u00a71 Subject matter and scope<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 Eurotext AG offers translation processes and modular translation services for content management systems, enterprise resource planning systems, product information management systems, shop software systems, and other IT systems. Software modules that integrate and utilize the translation services of<br \/>\nEurotext AG by means of its translation portal are provided for our contractual partners to use. If the subject matter of the Agreement is the supply of or permission to use modular translation solutions, the term<br \/>\n<em>Software Application<\/em> is used below.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 The source and object code of the Software Application is not part of the subject matter of the Agreement, unless the subject and object code are expressly provided in open form for use.<\/p>\n<p>(3)\u00a0\u00a0\u00a0 The performance description in effect when the Agreement was executed definitively describes the functionality of the Software Application of the Agreement. We are not obligated to provide any Software Application functionality beyond this description. An obligation to provide such functionality may not be derived by the contractual partner from other representations concerning the Software Application in the advertising and public statements of Eurotext AG, its employees, or contractual partners, unless we have expressly agreed in writing to the extended functionality.<\/p>\n<p>(4)\u00a0\u00a0\u00a0 These General Terms and Conditions (GTCs) apply to all of our business relationships with the contractual partner in conjunction with the supply of or permission to use Software Applications. Our GTCs only apply if the contractual partner is an entrepreneur as set forth under BGB \u00a7 14, a legal entity under public law, or a special fund under public law under BGB \u00a7 310(1). Our GTCs apply exclusively. Deviating, conflicting, or additional general terms and conditions of the contractual partner or of third parties shall not apply, even if we do not specifically reject the application thereof in the individual case. General terms and conditions of the contractual partner or of third parties shall only be incorporated in the Agreement if we expressly consent to their applicability.<\/p>\n<h3>\u00a72 Execution of contract, transmission by email, downloading<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 The contract between the parties is executed upon the sending of an email or the downloading of the Software Application to or by the contractual partner. The Software Application, including its installation instructions, may be downloaded from the Download area of our Internet portal and from the Download areas of our partners. The Software Application is provided for use in the version that is current at the time of the download, subject to deviating agreements.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 Eurotext AG reserves the right to discontinue the download offer at any time.<\/p>\n<p>(3)\u00a0\u00a0\u00a0 Installation and configuration of the software, instruction and training, and software maintenance are not included in the Agreement unless expressly provided for in a separate agreement.<\/p>\n<p>(4)\u00a0\u00a0\u00a0 The contractual partner will continue to be offered software updates for downloading. These updates may contain bug fixes and new functionalities.<\/p>\n<h3>\u00a73 Rights to use the Software Application<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 The Eurotext AG Software Application is protected by copyright. Eurotext AG is the holder of rights derived from this copyright. If the rights are held by third parties, Eurotext AG has obtained corresponding rights to commercial utilization.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 The contractual partner obtains simple rights to use the Software Application that cannot be sub-licensed and cannot be assigned and that are limited to the term of the Agreement subject to the provisions set forth below.<\/p>\n<p>(3)\u00a0\u00a0\u00a0 Unless otherwise agreed, the contractual partner shall only use the Software Application for interfacing with the Eurotext AG translation portal and for using this portal. The contractual partner may only utilize the Software Application for its own business activities.<\/p>\n<p>(4)\u00a0\u00a0\u00a0 The contractual partner may install and operate the Software Application for the contractually intended purpose, and may make the necessary copies of it.<\/p>\n<p>(5)\u00a0\u00a0\u00a0 The contractual partner is not authorized to make changes in the Software Application. This does not apply<\/p>\n<ol>\n<li>to changes that are necessary to correct defects if Eurotext AG is late in correcting the defect, refuses to correct the defect, or cannot correct the defect due to the initiation of insolvency proceedings;<\/li>\n<li>to changes that are necessary to correct incompatibility problems when the Software Application interacts with other programs that are required by the contractual partner and Eurotext AG is not willing or able to correct the problems in exchange for reasonable compensation therefor at market rates;<\/li>\n<li>to Software Applications in which the source and object code is provided in open form and with express permission to modify the software application or individual software components.<\/li>\n<\/ol>\n<p>(6)\u00a0\u00a0\u00a0 If during the term of use Eurotext AG creates new versions, updates, upgrades, or other newly supplied items relating to the Software Application, the above rights also apply to these new items.<\/p>\n<p>(7)\u00a0\u00a0\u00a0 The contractual partner is not entitled to any rights not expressly stated above. In particular, the contractual partner is not entitled to use the Software Application in a manner that goes beyond the<br \/>\nagreed-upon usage, nor is it entitled to make the software application accessible to third parties. In particular, it is not permitted to sell the Software Application or provide it for use for a limited time, and in particular renting, leasing, or lending are not permitted. This does not apply to the right of the contractual partner to have third parties install and configure the Software Application nor, if the requirements of paragraph 5 are met, to the right to make changes in the software application.<\/p>\n<p>(8)\u00a0\u00a0\u00a0 If the Software Application contains components that are licensed as open-source software<br \/>\n(\u201cOpen-Source Components\u201d) and components that may only be used subject to the license conditions in paragraphs 1\u20137 (\u201cproprietary components\u201d), the contractual partner may use the Open-Source Components to the extent described in paragraphs 1\u20137. The contractual partner may acquire further usage rights to the<br \/>\nOpen-Source Components from the respective holders of these rights if the contractual partner enters into licensing Agreements with these holders under the terms and conditions of the respective open-source licenses. In this case, the use of the Open-Source Components is not covered by these usage terms and conditions but rather is based solely on the respective open-source licenses.<\/p>\n<h3>\u00a74 Responsibilities of the contractual partner<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 The contractual partner has informed itself of the key functional features of the Software Application and accepts the risks associated with its needs and wishes; in cases of doubt, the contractual partner shall seek advice from us or from third parties competent in the field before entering into the Agreement.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 The contractual partner shall observe the instructions and documentation provided by us or by our partners for the installation and operation of the software. The contractual partner shall inform itself about current information and instructions available at regular intervals on the Internet at www.eurotext.de or www.eurotext-ecommerce.com and shall utilize this information in operating the software. Before using the Software Application, the contractual partner shall thoroughly test the software application to make sure that it is operating flawlessly and can be used in the existing hardware and software configuration.<\/p>\n<p>(3)\u00a0\u00a0\u00a0 The contractual partner will take the necessary steps to prevent unauthorized persons from using the Software Application.<\/p>\n<p>(4)\u00a0\u00a0\u00a0 The contractual partner is liable for ensuring that the Software Application is not used for illegal purposes or in violation of government regulations and regulatory requirements and that it does not create and\/or save similar data on the Eurotext AG translation portal.<\/p>\n<p>(5)\u00a0\u00a0\u00a0 The contractual partner shall treat the usage and access authorizations assigned to it and to the users, as well as agreed identification and authentication codes as confidential, protect them from access by third parties, and shall not disclose them to unauthorized users. This data shall be protected by suitable conventional measures. The contractual partner shall inform us without delay if there is a suspicion that access data and\/or passwords might have become known to unauthorized persons.<\/p>\n<p>(6)\u00a0\u00a0\u00a0 The contractual partner is responsible for ensuring that its technical system (hardware and software as well as telecommunications connection) meets the requirements needed for it to be used with the Software Application of the Agreement.<\/p>\n<p>(7)\u00a0\u00a0\u00a0 The contractual partner shall not engage in any unauthorized accessing of information or data nor shall it arrange for the unauthorized accessing of information or data, nor shall it intrude in an unauthorized manner in programs operated by us or arrange for unauthorized intrusion in programs operated by us, nor shall it penetrate our data networks in an unauthorized manner or assist in said unauthorized penetration of our data networks.<\/p>\n<p>(8)\u00a0\u00a0\u00a0 The contractual partner shall hold us harmless from claims of third parties that are based on illegal use of the Software Application by the contractual partner or that arise from disputes relating to data protection, copyright law, or other legal matters that are associated with the use of the Software Application and are caused by the contractual partner.<\/p>\n<p>(9)\u00a0\u00a0\u00a0 The contractual partner shall ensure that it observes all third-party rights to the material that it is using (for example, in the communication of third-party texts\/data to us).<\/p>\n<p>(10)\u00a0 The contractual partner shall, before sending data and information to us, check said data and information for viruses utilizing state-of-the-art virus protection programs.<\/p>\n<p>(11)\u00a0 The contractual partner shall take appropriate precautions for the possibility that the Software Application might not function properly. Specifically, the contractual partner shall back up its data at regularly scheduled intervals according to the importance of the data and shall make its own backup copies so that the data and information can be restored if they are lost. In addition, the contractual partner shall perform regularly scheduled malfunction diagnostics and checks of the results of data processing. If the contractual partner does not expressly inform us in advance, we will assume that all data from the contractual partner with which we can come in contact has been backed up.<\/p>\n<h3>\u00a75 Violations of the provisions of \u00a7\u00a7 3, 4 by the contractual partner<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 If the contractual partner violates the provisions of \u00a7 3 or \u00a7 4 for reasons attributable to the contractual partner, Eurotext AG may block the contractual partner\u2019s access to the Software Application and\/or the Eurotext AG translation portal if this is found to be necessary to correct the violation.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 If the contractual partner violates \u00a7 4 subsection 4 in an illegal manner, Eurotext AG may erase the data that are involved. In the event of an illegal action by a user, the contractual partner shall communicate to Eurotext AG, upon request and without delay, all information needed to enforce claims against the user, in particular the user\u2019s name and address.<\/p>\n<p>(3)\u00a0\u00a0\u00a0 Further rights and claims remain unaffected.<\/p>\n<h3>\u00a76 Warranty, violation of obligations<\/h3>\n<p><strong>(1) The following requirements apply to Software Applications that are provided free of charge as<br \/>\nopen-source software:<\/strong><\/p>\n<ol>\n<li>Unless otherwise confirmed in writing we and\/or third parties provide the Software Application \u201cas is\u201d without any voluntary or statutorily required warranties, neither express nor implied, \u2013 but not limited to \u2013 the implied warranty of market readiness or the usability for a particular purpose. The contractual partner bears the risk relating to the functionality and performance of the Software Application.<\/li>\n<li>We assume no liability \u2013 except in cases of acts of intent or fraud \u2013 for material and legal defects of the Software Application, in particular for its accuracy, freedom from defects, freedom from encumbering intellectual property rights and copyrights of third parties, completeness and\/or usability.<\/li>\n<li>Corrections of defects are only possible on the basis of a support agreement, which must be entered into separately, or \u2013 in a nonbinding manner \u2013 by means of updates, as long as the Software Application is available for downloading.<\/li>\n<\/ol>\n<p><strong>(2) In the case of Software Applications that are not provided free of charge as open-source software, deviating from paragraph 1, the following provisions apply:<\/strong><\/p>\n<ol>\n<li>In accordance with statutory requirements, we warrant the agreed functionality of the items covered by the Agreement, and we warrant that no third-party rights stand in the way of use by the contractual partner of the items covered by the Agreement in the scope set forth in the Agreement. The warranty that the items covered by the Agreement are unencumbered by third-party rights only applies to the country of destination in which the items covered by the Agreement are to be used that is agreed upon by the parties. Unless expressly agreed, the warranty applies to the country in which the contractual partner has its business headquarters.<\/li>\n<li>In the event of material defects, we initially warrant subsequent performance. To accomplish this, we shall, at our discretion, provide the contractual partner with a new, defect-free software version or we shall correct the defects; the correction of defects is also deemed to occur if we inform our contractual partner of reasonable options for avoiding the effects of the defect.<\/li>\n<\/ol>\n<p>In the event of legal defects, we initially warrant subsequent performance. To accomplish this, we shall, at our discretion, make it possible for the contractual partner to use the supplied items under the Agreement in a way that is legally unobjectionable or to use replaced or modified equivalent items under the Agreement.<\/p>\n<ol>\n<li>The contractual partner shall accept the new software version if the functional scope under the Agreement continues to be present.<\/li>\n<li>If the subsequent performance fails to remedy the problem, the contractual partner may set an appropriate time period in which the defect is to be corrected. If the subsequent performance also fails to remedy the problem in the time period set for correcting the defect, the contractual partner may withdraw from the Agreement or may reduce the compensation if the defect that is present is not insignificant. We shall compensate for damages or needless expenses resulting from a defect within the limits stipulated in \u00a7 7.<\/li>\n<li>If we perform services such as troubleshooting or debugging without being required to do so, we may seek compensation for same in accordance with our customary rates. This applies in particular if a defect is not detectable or if it cannot be attributable to us. Moreover, the additional expenses that we incur when the contractual partner fails to properly meet its responsibilities in accordance with these General Terms and Conditions must be compensated.<\/li>\n<li>If third parties exercise rights that prevent the contractual partner from utilizing the usage rights contractually granted to the contractual partner, the contractual partner shall inform us in detail in writing without delay. In doing so, the contractual partner shall empower us to enter into legal proceedings against third parties and to take independent out-of-court actions. If the purchaser is sued, it shall coordinate with us and shall only carry out proceedings relating to the suit, in particular acknowledgments and settlements, with our approval.<\/li>\n<\/ol>\n<p>We shall defend against these claims at our expense and shall release the contractual partner from all expenses and damages associated with its defense, provided that said expenses and damages are not the result of the contractual partner\u2019s breach of its duties.<\/p>\n<ol>\n<li>The contractual partner may only derive rights from other breaches of duties on our part if it has complained to us in writing of such breaches and has set a time period for remedying the matter. This does not apply if a remedy cannot be considered because of the nature of the breach of duties. The limits set in \u00a7 7 apply to compensation for damages or compensation for needless expenses.<\/li>\n<li>The limitation period for all warranty claims is one year, beginning with the delivery or availability for pickup of the items covered by the Agreement and the notification of the contractual partner thereof; the same limitation period applies to other claims of any type against us. In the event of acts of intent or gross negligence, fraudulent concealment of a defect, personal injuries, or legal defects under BGB \u00a7 438(1)(1a) and guaranties (BGB \u00a7 444), the statutory limitation periods apply; they also apply in claims under the Produkthaftungsgesetz [German product liability statute].<\/li>\n<\/ol>\n<h3>\u00a77 Limitation of liability<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 In all cases of contractual and non-contractual liability, we shall compensate for damages and needless expenses solely in accordance with the following limits:<\/p>\n<ol>\n<li>in the case of acts of intent, in the full amount, also in the case of a functionality guaranteed by us;<\/li>\n<li>in the case of gross negligence, only in the amount of the foreseeable damage that was to be prevented by the breached duty<\/li>\n<li>in other cases: only from violation of a key contractual responsibility if this threatens the purpose of the Agreement, but always only in the amount of the foreseeable damage;<\/li>\n<li>in addition, to the extent that we are insured for the damage that has occurred, within the scope of the insurance coverage and temporarily subject to payment of the insurance claim.<\/li>\n<\/ol>\n<p>(2)\u00a0\u00a0\u00a0 The limits of liability in subsection 1 do not apply to liability for harm to life, limb, or health or to liability under the Produkthaftungsgesetz [German product liability statute].<\/p>\n<p>(3)\u00a0\u00a0\u00a0 We reserve the right to objections on grounds of contributory negligence.<\/p>\n<p>(4)\u00a0\u00a0\u00a0 The limitation period for liability claims is one year. However, the statutory limitation period applies for claims under subsections 1a) and b) as well as 2. The limitation period in sentence 1 begins with the time stipulated in BGB \u00a7 199(1). It begins no later than the expiration of the maximum periods stipulated in<br \/>\nBGB \u00a7 199(3) and (4).<\/p>\n<h3>\u00a78 Handling data and confidentiality<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 In performing their contractual obligations, the parties agree to comply with statutory provisions and requirements pertaining to data protection, in particular the provisions of the Bundesdatenschutz- und Telemediengesetz [German federal data protection and telemedia law].<\/p>\n<p>(2)\u00a0\u00a0\u00a0 The parties to the Agreement shall treat as confidential all information and factual knowledge concerning the parties to the Agreement, manufacturing methods, business and operating secrets, data, and documents, provided that this information comes from the respective other party to the Agreement. Each party to the Agreement shall ensure that such a disclosure, even by third parties who work at or on behalf of a party to the Agreement, cannot occur. In addition, the applicable security requirements with regard to the responsibility to treat the data and documents of a party to the Agreement as confidential must be observed if they were communicated by the other party in a timely manner.<\/p>\n<p>(3)\u00a0\u00a0\u00a0 Excluded from the requirement to treat as confidential are data and information that<\/p>\n<ol>\n<li>were already known to the recipient previously and to which a duty to treat as confidential did not exist, or<\/li>\n<li>were generally known or will become generally known, without the recipient being responsible therefor, or<\/li>\n<li>were communicated to or provided to the recipient by a third party without being subject to confidentiality requirements, or<\/li>\n<li>must be provided to government agencies pursuant to statutory requirements, or<\/li>\n<li>were released for publication in writing by the party providing the information, and<\/li>\n<li>are non-protected ideas, concepts, empirical knowledge, other methods and techniques, and information that is of a general nature or is obvious.<\/li>\n<\/ol>\n<h3>\u00a79 Final provisions<\/h3>\n<p>(1)\u00a0\u00a0\u00a0 The laws of the Federal Republic of Germany apply to these GTCs and to all legal relationships between us and the contractual partner. International uniform law does not apply. If this law makes reference to provisions of foreign law, such references shall not apply.<\/p>\n<p>(2)\u00a0\u00a0\u00a0 The sole \u2013 including international \u2013 jurisdiction for all disputes arising directly or indirectly from this contractual relationship or in conjunction to this contractual relationship is the location of the headquarters of Eurotext AG, provided that an applicable normative document does not mandate a different jurisdiction. Eurotext AG may also initiate legal proceedings against the contractual partner at the location of its headquarters.<\/p>\n<p>(3)\u00a0\u00a0\u00a0 Changes and amendments to this Agreement must be in writing. This clause itself may only be modified in writing.<\/p>\n<p>(4)\u00a0\u00a0\u00a0 If parts of this Agreement are or become null and void, the remaining parts of this Agreement are not affected thereby. In place of the clause that has become null and void, both parties shall agree to a clause that is in effect for both and that comes closest to the economic purpose of the part that is no longer in effect.<\/p>\n<p><em>Disclaimer: This is a translation of terms and conditions originally written in German. In the event of legal proceedings, the original German terms and conditions apply, as does German law.<\/em><\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This is a translation of terms and conditions originally written in German. In the event of legal proceedings, the original German terms and conditions apply, as does German law. 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