General Terms & Conditions
Contents
1. 13 3 VERBI offers free online support only for the current and the previous version of the software 13 4 Furthermore individual support services consulting are of charge and require an individual separate agreement with VERBI 13 5 By violation of the Terms and Conditions VERBI reserves the refusal of support services 15 Data Protection 15 1 The Customer is herewith informed that VERBI collects stores processes and if necessary passes on to third parties the Customer s data to the extent necessary for the performance hereof and subject to the applicable data protection and data privacy laws 15 2 VERBI is entitled to raise save and use the personal data as far as this is necessary to process your order and to deduct via invoicing Dissemination to third parties does not take place if it has not been explicitly indicated and the customer has agreed to it 15 3 Customers can view their personal data free of charge at any time at VERBI Written inquieries can be sent to VERBI GmbH Bismarckstra e 10 12 10625 Berlin Germany or via e mail to info maxada de 16 Defects of quality and defects in title 16 1 VERBI shall supply the Software to the Customer in a condition free from defects in quality or defects in title Defects affecting the suitability for use of the Software to a minor extent only shall not be considered as defects for the purposes of this agreement Functional impairment caused by the hardware and so2. 23 User Right of Withdrawl Cancellation 23 1 If section 23 4 and 23 5 do not apply you can cancel your contract up to two weeks after the beginning of the cancellation period without providing a written reason for example through a letter or an e mail or by returning the software This period begins at the earliest with the receipt of these instructions It shall be sufficient to submit the request for cancellation within the designated time period to VERBI GmbH Bismarckstra e 10 12 10625 Berlin Deutschland or by email to info maxqda de 23 2 In the case of an effective revocation the mutually provided services shall be returned If you cannot return the already provided license in whole in part or only in a deteriorated condition you must provide compensation where applicable 23 3 Your right to return the product is forfeited when we or one of our agents has with your explicit consent initiated the implementation of services prior to the end of the trial period or when you yourself prompted it 23 4 The right to return the software exists provided that the methods of data delivery Cds DVDs CD ROMs remain unopened by the customer and during the delivery of goods or inactivated due to the fact that its form does not lend itself to be returned meaning the BA MAX DA The Art of Data Analysis ERBi Software Consult Sozialforschung GmbH purchase of software and software licenses by means of a download The
3. VERBI GmbH or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose 17 10 VERBI total liability to you for actual damages for any cause whatsoever will be limited to the greater of 500 US Dollars or the amount paid by you for the software that caused such damage 18 Basis of Bargain The Limited Warranty Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between VERBI and you VERBI would not be able to provide the Software on an economic basis without such limitations 19 Outside of the USA Consumer End Users Only The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer i e a person acquiring goods otherwise than in the course of a business 20 Third Party Software MAXQDA and MAXQDAplus are trademarks or registered trademarks of VERBI Third party trademarks trade names product names and logos may be the trademarks or registered trademarks of their respective owners BA MAX DA The Art of Data Analysis ERBi Software Consult Sozialforschung GmbH 21 Limitation period 21 1 Any claims which the Customer may have for reason of defects in quality or defects in title section 7 hereof shall become statute barred two years after delivery In the event that a d
4. as soon as access is given to the necessary data 8 4 Delivery dates shall be deemed to be non binding unless VERBI has explicitly declared any such delivery dates to be binding in writing Delivery dates shall be subject to VERBI receiving any articles to be supplied in a correct condition and on time 8 5 Delivery dates shall be extended by the period during which VERBI is for any circumstances beyond its control labour dispute force majeure or any other hindrance beyond VERBI s control prevented from performing its obligations hereunder plus a reasonable start up period following elimination of such hindrance 8 6 Partial shipments shall be permitted on condition that the parts delivered can be fully used in their own right VERBI shall be entitled to issue a separate invoice for every partial shipment 9 Ownership 9 1 VERBI retains all right title and interest including all intellectual property rights in and to the Software and all copies thereof The foregoing license gives you limited license to use the Software All rights not specifically granted in this EULA including Federal and International Copyrights are reserved by VERBI and its suppliers Your possession installation or use of the Software does not transfer to you any title to the intellectual property in the Software and you will not acquire any rights to the Software except as expressly set forth in this Agreement 9 2 The ownership and the copyright of the s
5. day of the relevant half year The base rate applicable on 1 January 2012 is 0 12 6 Discount Levels 6 1 VERBI offers special discounts for different groups of customers The purchaser License holder will take care that the license will only be made accessible to the authorized group of people 6 2 Educational Educational pricing is available for educational institutions like universities colleges any kind of schools and their employees 6 3 NGO GOV The NGO GOV pricing level applies to public institutions charitable organizations NGOs and their employees 6 4 Commercial Commercial pricing applies to all costumers except those meeting the criteria for NGO GOV Educational or Student pricing 6 5 Student Student licenses are personal licenses which can only be purchased by students who verified their student status during the order process Recipient of the invoice and the delivery must be the student with his her private address Institutions are not allowed to purchase student licenses 7 Types of license acquisition 7 1 Purchase Purchased licenses may be used without a time limit They include all services listed in sections 13 and 14 7 2 Leasing Subscription Leasing licenses are valid for one year beginning on the date of purchase The leasing subscription is automatically extended for another year unless the contract is cancelled at least two months in advance of the scheduled extension Le
6. General Terms amp Conditions Date revised last August 25 2015 Content General Terms amp COnditioNS meme mene re ei aE p EEE E eer en ree eee ere Rene 1 Tte SUbject mattei rires aa o E EE E Ae sani eae eee 2 DO Te E E E E E 2 3 Entry into a Contract Offer Confirmation and Acceptance cccccccecceeeeeeeteeeeseeeeeeeees 3 4 C st mer Warranties ession oa ena aaa ra aaa Eaa D Na arai a ia 3 5 Terms of payment reservation of ownership setting Off ccccceeeceeeeeeeeeeeeeteteteeeneeen 3 6 Discount Ns sansa Fase aks Stas beads ale A ETEA eE E 4 7 Types o f license acqUiSit ON eiorinn eono eni a a iE eaaa EEEE 4 8 Delivery and scope of performance wiscc tcscdecncicccescthen Geadsiassodediieeoedn eddie isd bedicdedae Ee aiconbece 5 9 OWES escena EA ES 5 10 Cop rightand LICENSE isic aona en aeiae aaeain aaa Saan 6 11 Conditions of Use according to the license type c ccececeeeeeeeeeeeeeeseeceeeeeeeeeeeeenseesseeeaes 7 12 Activating the SOWA E rone a aaen a aaa E Ti aiea 9 13 Updates dnd Upgrades sireisas eeina aiaa EEEa 9 14 SUPPOrt SEVI CES eee eee en ene eS iE ne ne ee one veneer 9 15 Data el 91 22 G ater ene ete eee ee rere 10 TG Defects Or quality and defects iN title sssrinin saananira ni 10 17 Limited Liability Limited Warranty and Disclaimer c cccccceeeeeeeeeeeeeeeeeeeeeeeteeeteeees 11 18 Basis of Bargain eaten eee ee een ee een ee eee ee eee eee ene ee 12 19 Outs
7. NERBi Software Consult Sozialforschung GmbH 17 4 VERBI does not accept any liability for the loss of data or damages done to the systems due to the use of the product 17 5 VERBI shall have no responsibility if the Software has been altered in any way if the media has been damaged by accident abuse or misapplication or if the failure arises out of use of the Software with other than a recommended hardware configuration 17 6 To the extent to which liability is limited or excluded this shall also apply to personal liability on the part of VERBI s employees representatives or agents 17 7 Notwithstanding the foregoing statutory liability for personal injury and liability under the product liability act shall remain unaffected 17 8 USA only Some states do not allow the exclusion of implied warranties so the above exclusion may not apply to you This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state 17 9 Neither VERBI nor its Suppliers shall be liable to you or any third party for any indirect special incidental or con sequential damages including but not limited to damages for loss or business loss of profits business interruption or the like arising out of the use of or inability to use the software and based on any theory of liability including breach of contract breach of warranty tort including negligence Product liability or otherwise even if
8. They offer full functionality and are available in two versions a The Student License may be used on 2 private computers owned by the student The two installations may not be used simultaneously Under no circumstances may they be used by another person The license is valid for 2 years starting with the date of purchase The semester license is available as the basic version MAXQDA and the extended version MAXQDAplus b The Semester License may be used on 1 private computer owned by the student The license is valid for 6 months starting with the date of purchase The student license is only available as the basic version MAXQDA All student licenses are personal licenses which may only be purchased by students who verified their student status during the order process Recipient of the invoice and the delivery must be the student with his her private address The purchasing of student licenses by institutions is not permitted Student licenses may never be sold to a non student or in some way be shared with them The use is limited to private purpose i e schoolwork preparations for qualification etc The use for professional activities and commercial purpose is prohibited Student licenses cannot be upgraded to new versions 11 6 Campus License 11 6 1 The Campus License is available only for educational institutions schools colleges universities It is serverbased and can only be obtained on an annual payment basis lease op
9. asing licenses include all services listed in sections 13 and 14 Leasing licenses include free upgrades to new versions of the software The leasing option is only available for at least 10 licenses BA MAX DA The Art of Data Analysis NERBi Software Consult Sozialforschung GmbH 7 3 Upgrade Registered license holders of a purchase license receive a reduction on the original price for the number of already existing licenses upgrade price The eligibility to purchase an upgrade is to be proven by stating the license number s The upgrade right expires when the license holder perceived his right to upgrade for two program versions subsequently 8 Delivery and scope of performance 8 1 The delivery will be done according to the delivery information on the website of VERBI The customer usually receives a download link to download the software from a website As an additional option he can order an installation CD which he will receive by postal mail In both cases the installation requires to be unlocked with a serial number which the customer will receive via e mail 8 2 Orders will usually be processed within three workdays after entrance of the order Strong demand or supply shortage may exceed the delivery date 8 3 As far as software is offered to a client electronically with a download link the customer is responsible to download the software The client alone decides about when and where to download the software
10. ch repair or replacement The Customer shall grant to VERBI a reasonable period of grace for repair replacement 16 5 In the event of failure to repair or replace as aforesaid the Customer shall be entitled to reduce his payment s or to cancel the agreement 17 Limited Liability Limited Warranty and Disclaimer 17 1 The warranty period by VERBI expires 24 months after the product has been received by the customer when the customer is an end user The end user has the choice of rectifications of defects or replacement VERBI has the right to reject the chosen type of remedy if the cost associated with the chosen type is disproportionate to the remedy offered by the other remedy offered and no disadvantages arise from this decision for the customer Is the performed fulfillment not satisfactory the customer has the right to request a reduced price or revoke the contract Should the customer be entitled to a refund rather than replacement VERBI is only liable for the amount paid for the software at the time of purchase not for any further damages For the rest any other liabilities in conjunction with defective or wrong deliveries or breach of contracts in conjunction with the fulfillment and any other liability claims due to negligence are excluded from these Terms and Conditions 17 2 The warranty period by VERBI expires after six 6 month in case the customer is not an end user In this case the customer has to inspect the software recei
11. e and accurate in all material respects and that it is adequate for VERBI to carry out the order Additional costs incurred by VERBI as a result of false or incomplete information shall be for the account of the Customer 4 2 The customer ensures that he selects the correct discount level according to 6 when placing his order Additional costs incurred by VERBI as a result of false or incomplete information shall be for the account of the Customer 5 Terms of payment reservation of ownership setting off 5 1 Unless otherwise indicated all prices specified by VERBI on the VERBI Website are deemed to be in the currency quoted there With respect to delivery and supply the prices indicated at the time of the order shall apply For all displayed prices typological errors and other mistakes are reserved 5 2 Orders from European countries have to be placed in EURO or in the appropriate European currency orders placed in US Dollars violate our General Terms and Conditions Any financial loss due to currency differences have to be refunded to VERBI by the ordering party These conditions are also eligible for all deliveries to European countries regardless of the location of order placement US Dollar currency orders as well as deliveries are solely allowed out of American South and East Asian Ocianean and African countries 5 3 Unless otherwise indicated the prices indicated are understood as exclusive of VAT EU customers have to add
12. efect in title consists of a material right of any third party entitling such third party to claim the surrendering of the software the statutory periods of limitation shall apply 21 2 Any other claims which the Customer may have under contractual aspects or from an obligatory relationship section 311 subsection 2 of the German Civil Code 311 Abs 2 BGB shall become statute barred one year after the statutory date of commencement of the period of limitation Claims shall at the latest become statute barred on expiration of the maximum statutory periods section 199 subsection 3 subsection 4 of the German Civil Code 199 Abs 3 Abs 4 BGB 21 3 The statutory periods shall apply to cases of personal injury including violation of an individual s freedom and to cases of willful action and gross negligence 22 High Risk Activities 22 1 The Software is not fault tolerant and is not designed or intended for use in hazardous environments requiring fail safe performance including without limitation in the operation of nuclear facilities aircraft navigation or communication systems air traffic control weapons systems direct life support machines or any other application in which the failure of the Software could lead directly to death personal injury or severe physical or property damage collectively High Risk Activities VERBI GmbH expressly disclaims any express or implied warranty of fitness for High Risk Activities
13. es 13 1 License holders of a MAXQDA license receive program updates within the purchased program version without charge As soon as updates are available they can be downloaded by using the update function within the software 13 2 Registered license holders of a purchase license receive a reduction on the original price for the number of already existing licenses upgrade price The eligibility to purchase an upgrade is to be proven by stating the license number s The upgrade right expires when the license holder perceived his right to upgrade for two program versions subsequently 13 3 VERBI is entitled to create software updates by own discretion Licensees that have not paid any update fees for example subscription have no right to updates of the program 14 Support services 14 1 VERBI offers free online support to licensees of a MAXQDA license The online support offers technical assistance to questions about the functions as well as difficulties with the installation and activation of the software product The online support does not offer consulting BA MAX DA The Art of Data Analysis ERBi Software Consult Sozialforschung GmbH or research consulting Before utilizing the support the given information by VERBI installation guides manuals FAQs etc are to be consulted 13 2 To receive technical support the client is obliged to register the software online at http Awww maxqda com support register
14. ftware environment made available by the Customer operator error defective external data computer network malfunction or any other reason belonging to the Customer s sphere of responsibility shall not be considered as defects for the purposes of this agreement 16 2 VERBI does not warrant the proper functioning of software that has been modified by the Customer unless the Customer demonstrates that the defect reported was not caused by such modification 16 3 The Customer shall take reasonable precautions in the event that the Software fails to work correctly in part or in full He shall test the Software thoroughly in order to ensure it s suitably for the purpose intended by him before using it in operations The Customer shall also save his data in a manner consistent with the latest state of the art he should do so after each work session in which he used the software He shall ensure that he latest data in machine BA MAX DA The Art of Data Analysis ERBi Software Consult Sozialforschung GmbH readable form from the data stocks available can be reproduced with reasonable effort In the event of a loss of data VERBI s liability shall be limited to the damage which would have occurred even with the Customer performing data backup procedures 16 4 VERBI shall initially eliminate any defects in quality by repair The Customer shall be entitled to demand repair or a new program unless VERBI is entitled by law to refuse su
15. ide of the USA Consumer End Users Only cccccccccccccssececsseeeeseeecsseeecsseesesseeseaes 12 20 Third Party Software on ic2s 2caiczcavecdainnsscciescnnacedsesnascdasbensessnsusniinsearcadsbeeesddvanensbeneeteaiancvardads 12 21 Limitation pernod sss a E e E EET 13 22 High Risk ACHVITIES iiciin eain a ei a ee iE e ESEE Eai EENES EE 13 23 User Right of Withdrawl Cancellation ccccccccccceeeeeeeeeeeeeeceeeeeeeeeeeeeeeeceeeeneseneeneeeens 13 24 Miscellaneous PrOVISIONS lt css lt 2ecceescnsecetsecenscteeseeeasensnensncnsecasstertecesaneseseeescenmenenaceaes 14 BA MAX DA The Art of Data Analysis ERBi Software Consult Sozialforschung GmbH 1 Subject matter 1 1 Provider of goods or services according to this contract is VERBI Software Consult Sozialforschung GmbH hereinafter referred to as VERBI represented by the Chief Executive Officer 1 2 VERBI is manufacturer und author of the standard software MAXQDA and MAXQDAplus hereinafter referred to as the software Product information support and warranties are provided by VERBI 1 3 If products are purchased in the MAXQDA Online Shop the seller of the products and therefore contracting partner of the customer is cleverbridge AG located in Cologne Germany and Chicago USA Questions regarding orders can be directed to cleverbridge via e mail cs cleverbridge com 2 Scope 2 1 The General Terms and Conditio
16. lems to contact the MAXQDA online support in order to work out a satisfying individual solution 11 3 Network Licenses Network Licenses are serverbased licenses which allow the simultaneous use of the software in the amout of the number of purchased licenses starting with 5 licenses The total access may be twice as high as the number of purchased licenses concurrent floating use Network licenses need to be set up and managed with our license management tool MAXServer This requires the server PC to have a Windows environment Windows 7 or newer 11 4 PC Lab Licenses The PC Lab License is a special license to equip teaching classrooms of educational institutions The license is serverbased and may be accessed by up to 30 computers of the PC Lab The license holder guarantees that this license type is only made available to computers who are physically located in the same classroom The use of the license is strictly limited to teaching purposes It may not be used for research projects except of teaching related research projects PC Lab Licenses need to be set up and managed with our license BA MAX DA The Art of Data Analysis NERBi Software Consult Sozialforschung GmbH management tool MAXServer This requires the server PC to have a Windows environment Windows 7 or newer 11 5 Student Licenses Semester License Student Licenses and Semester Licenses are drastically discounted special licenses for students
17. local tax EU customers can avoid this tax by sending us a valid VAT number of their institution Prices include shipping costs 5 4 The payment of the purchase price falls due immediately upon entry into the contract and shall take place in the manner specified on the VERBI Website With the exception of purchases BA MAX DA The Art of Data Analysis ERBi Software Consult Sozialforschung GmbH on account payments shall take place prior to delivery Where the Customer has purchased Products or Services with recurring payment obligations subscriptions the prices are due at the agreed interval s and the Customer shall pay these or make the corresponding purchase price available using the payment option he she it has selected for debiting by VERBI 5 5 Where the Customer defaults he shall pay VERBI late payment interest of five percentage points 5 over the base rate applicable at the time of the default Where the Customer is not a consumer the interest rate shall be eight percentage points 8 over the base rate Base rate means a variable interest rate set at half yearly intervals by the German Central Bank Bundesbank which increased by a fixed margin gives the late payment interest rate The base rate is adjusted on 1 January and 1 July every year by the percentage points by which the interest rate for the most recent main refinancing operations of the European Central Bank has risen or fallen prior to the first calendar
18. ns of VERBI regulate the legal relationship between VERBI and the client The following provisions are addressed both to consumers and to businesses Where reference is made to Customers this shall unless otherwise specified mean both consumers and also businesses A consumer is a natural person who enters into a legal transaction for a purpose that cannot be attributed to that person s trade business or profession A business is a natural person or legal entity or partnership with legal capacity that enters into a legal transaction in the course of his her its trade business or profession 2 2 The General Terms and Conditions apply exclusively and will be the foundation of every contract with VERBI as a contract partner contradictory or divergent conditions of the client will not be acknowledged by VERBI unless VERBI has produced a written statement as acknowledgment These terms apply even if VERBI is aware of conflicting or deviating terms by the customer 2 3 Any agreement between clients and VERBI need to be a written agreement and can not be waived orally 2 4 The Terms and Conditions also apply to all future affairs with the customer 2 5 In the event that any provision hereof is or becomes invalid or in the event that the contract is incomplete the validity of the remaining provisions shall not be affected thereby The parties hereto shall replace such invalid provision with a provision that reflects the meaning and purpose in a la
19. o comply with this EULA VERBI may terminate the license and you must destroy all copies of the Software 10 9 VERBI GmbH reserves the right to periodically audit you to ensure that you are not using any Software in violation of this agreement During your standard business hours and upon prior written notice VERBI may visit you and you will make available to VERBI GmbH or its representatives any records pertaining to the Software to VERBI 11 Conditions of Use according to the license type 11 1 Single User Licenses The Single User License may be used by one person He or she may install the license on two computers Both installations may not be used simultaneously Under no circumstances they may be used by different persons 11 2 Portable Licenses The portable license may be installed on a USB flash drive and may be used directly from it on different computers that fulfill the system requirements for MAXQDA to run The customer installs the software on its own hardware and has to assume full responsibility for it A portable license makes MAXQDA a physical item tied to the specific USB flash drive it is installed on Under no circumstances does VERBI take any responsibility in case the MAXQDA license is not available due to loss theft or damage of the USB flash drive the software is installed on Regardless of the legal responsibility of the license holder we recommend users who cannot access their MAXQDA license because of hardware prob
20. oftware product including but not limited to pictures photographies animations videos audio music text and applets that are included in the software product the printed escort material and all copies of the softwareproduct belong to VEBRI BA MAX DA The Art of Data Analysis ERBi Software Consult Sozialforschung GmbH 9 3 The software product is to be treated like any other copyright protected material with the exception that a copy of the software is created for back up or archiving purposes Through ownership the installation or use of the software the client acquires apart from the user rights that are granted because of the agreement no rights of the intellectual property 10 Copyright and License 10 1 The Software program and manual supplied by VERBI is protected by copyright For the purposes of the relationship between the parties hereto VERBI shall be solely entitled to the rights relating to the Software as well as any other documentation made available during the phase of preparing and implementing this agreement 10 2 VERBI shall grant to the Customer a non exclusive right without any geographical or time restrictions to use the Software for his own purposes and as described in this contract and in the manual The Customer shall be entitled to copy the software within the scope of its contractual use as contemplated herein He shall be entitled to load the Software into the RAMs and hard di
21. se Terms and Conditions furthermore do not include the supply of goods that were made to specific customer specifications or were clearly tailored to suit personal needs 23 5 VERBI provides a fully function 30 Day trial version in which the user can thoroughly and without limits test the features of the software and the adequacy of its performance for his or her own needs prior to officially ordering the software A return policy for this download order does not exist see section 22 4 23 6 When no party is answerable for example due to acts of God disputes miscellaneous unforeseeable problems and service errors for various reasons that cannot be overcome through economically feasible expenditures or when the overtaken services are in longer terms not produced in a timely manner or impossible to produce within an adequate grace period both parties are entitled to terminate the contract without notice In these cases the customer retains the claim to rendered services until the effective date of cancellation 23 7 VERBI retains notwithstanding all other claims i e damages claims the right to terminate the license contract without notice through a written message to the customer without complying to other termination periods or providing another message in the case that the customer in such a way committed a breach of contract that is unreasonable for VERBI to continue the license contract in particular when the customer commi
22. se engineer or reuse any part of the Foxit PDF SDK in any other application than in MAXQDA 10 7 The Customer shall only be entitled to pass the Software on to a third party if such third party declares that he accepts the validity of these General Terms and Conditions In the event that the Customer passes the Software on to a third party he shall discontinue once and for all the use of the Software and shall not keep any copies thereof The Customer shall also pass on to such third party the data media and the manuals You may not rent lease or sublicense the Software BA MAX DA The Art of Data Analysis NERBi Software Consult Sozialforschung GmbH 10 8 VERBI shall be entitled to revoke the license rights for a material reason A material reason Shall in particular be deemed to exist if the Customer is in default with the payment of a substantial part of the remuneration or if the Customer fails to abide by the Terms and Conditions of the license and fails to immediately remedy such default after VERBI s written request including VERBI s announcement to terminate the license otherwise In the event that the license is terminated the Customer shall return to the Licensor the original software as well as any copies thereof and delete any programs stored At the Licensor s request the Customer shall confirm in writing that he has returned such software and deleted such programs as aforestated In the event that you fail t
23. sion in as far as possible This provision shall also apply to any loopholes BA MAX DA The Art of Data Analysis NERBi Software Consult Sozialforschung GmbH
24. sks of the hardware used by him 10 3 The Customer shall be entitled to make the number of backup copies necessary for reliable operation Such backup copies shall be marked as such and as far as technically possible shall be provided with the same copyright notice which also appears on the original data medium The Customer shall not be entitled to copy the user s manual for any purposes other than the Customer s internal purposes 10 4 The Customer shall not be entitled to change or obscure in any manner any copyright notices trademarks other legal reservations serial numbers or other features used for program identification purposes 10 5 Any other form of using the software including but not limited to its compiling editing arranging or modifying in any other manner whatsoever other than decompiling pursuant to section 69e of the German Copyright Law 69 UrhG or the offline or online dissemination of the software in any other manner as well as the renting or lending out thereof shall be subject to the written consent of the Licensor You may not modify the Software or create derivative works based upon the Software You may not decompile reverse engineer disassemble or otherwise reduce the Software to a human perceivable form 10 6 Specific license restrictions apply for Foxit PDF SDK integrated part of MAXQDA Foxit PDF SDK remains the intellectual property of Foxit You are not allowed to redistribute modify rever
25. the software 12 1 When purchasing a MAXQDA license the user receives a serial number This represents the key to use the software according to the license terms 12 2 The customer needs to activate the software with a serial number VERBI explicitly points out that a connection to the internet is required to activate the software 12 3 When the user activates the software online his her entered name and e mail address operating system IP address and MAXQDA serial number are transferred to the VERBI activation server By using MAXQDA the customer agrees to the transfer of this information VERBI will store the information and is entitled to use it to process support requests and to verify compliance with the license conditions The data is not disclosed to a third party 12 4 By using MAXQDA the user agrees that the software automatically and regularly checks the users compliance with the license terms by comparing current license information with the information on the VERBI activation server VERBI will inform the user if his her license does not comply with the license terms and is entitled to demand proper licensing and or prevent the further use of the software 12 5 When the user deactivates the software on her his system with the appropriate feature of the software the same information as listed above is transferred to the VERBI activation server This allows the user to activate the software on a new system 13 Updates and Upgrad
26. tion 11 6 2 The leasing period is for one year at a time beginning on the invoice date The leasing license is extended automatically for an additional year unless the subscription is cancelled in writing at least two months ahead of the end of the current leasing period 11 6 3 The price of the campus license depends on the number of authorized users which is calculated based on the number of faculty staff and students The purchaser of the license is responsible for recalculating the number of authorized users on a yearly basis and providing the information to VERBI 11 6 4 The purchaser of the license is permitted to make the software available on a server for all faculty members and students of the educational institution It is furthermore permitted to allow for external access to the software via VPN Virtual Private Network Campus licenses need to be set up and managed with our license management tool MAXServer This required the server PC to have Windows Windows 7 or newer 11 6 5 Campus licenses include free upgrades to new software versions Free updates and E mail support are also included for all authorized users The BA MAX DA The Art of Data Analysis NERBi Software Consult Sozialforschung GmbH 11 6 6 The purchaser of the license is responsible for ensuring that only authorized users access the software The use of the software for commercial purposes is not permitted in any situation 12 Activating
27. ts a violation of his obligations that is capable of remedy according to the contract and after the customer has received a notification of this violation from VERBI nothing has been remedied within 30 days 24 Miscellaneous provisions 24 1 All legal relationships arising under this contractual relationship shall be subject to the laws of the Federal Republic of Germany excluding the unified law governing the international purchase of movable goods and the law governing international contracts of purchase for movable goods 24 2 The place of jurisdiction for all disputes arising hereunder shall be Berlin in as far as the Customer is a merchant or has a legal standing equivalent to this or in the event that the Customer has his place of business or his branch abroad 24 3 This Agreement is governed by the laws of Germany without reference to conflict of laws principles The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded 24 4 This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties 24 5 In the event that any provision hereof is or becomes invalid or in the event that the contract is incomplete the validity of the remaining provisions shall not be affected thereby The parties hereto shall replace such invalid provision with a provision that reflects the meaning and purpose in a lawful sense of such invalid provi
28. ved from VERBI immediately upon receipt for any defects This inspection will generally be completed within 14 days In order to maintain his warranty rights the customer must notify VERBI of visible defects in the software in writing within 14 days of receiving the software VERBI shall initially eliminate any defects in quality by repair The Customer shall be entitled to demand repair or a new program unless VERBI is entitled by law to refuse such repair or replacement The Customer shall grant to VERBI a reasonable period of grace for repair replacement In the event of failure to repair or replace as aforesaid the Customer shall be entitled to reduce his payment s or to cancel the agreement 17 3 VERBI shall pay damages or refund futile expenditure for whatever legal reason including but not limited to failure to fulfill obligations tortuous act to the following extent only e In the case of willful action and in the case of a guarantee concerning agreed properties to the full amount e In the case of gross negligence to the amount of the typical or foreseeable damage to be prevented by the VERBI s obligation to exercise due care e In any other case always subject to violation of a material contractual obligation and in the case of default to the amount of typical and foreseeable damage however limited to an amount of EUR 20 per case and EUR 20 for all cases of damage under this agreement BA MAX DA The Art of Data Analysis
29. wful sense of such invalid provision in as far as possible This provision shall also apply to any loopholes 2 6 During the installation process of the software the customer has to agree with additional end user license agreements EULA BA MAX DA The Art of Data Analysis NERBi Software Consult Sozialforschung GmbH 3 Entry into a Contract Offer Confirmation and Acceptance 3 1 An order placed by the Customer represents an offer addressed to VERBI for the purchase of Products and Services under these Terms and Conditions All orders placed by Customers require subsequent acceptance by VERBI The customer order is accepted through the download authorisation the sending of the ordered goods or the provision of a Service In principle this only happens and the Contract only comes into existence when the payment by the Customer for the Products and Services at the price applicable upon purchase has been credited to a VERBI account or there has been successful authorisation of the credit card or other form of payment by the Customer accepted by VERBI In the case of purchase on account where offered the download authorisation the provision of the Service or the sending of the ordered goods occurs without receipt of payment in advance 3 2 Pricing information given by phone is without obligation 4 Customer warranties 4 1 The Customer warrants that all the information he provided when placing his order was up to dat
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