table of contents
- Contractual object
- Conclusion of contract
- Right of withdrawal
- Delivery of the software
- Granting of rights of use
- Cooperation obligations of the Licensee
- Liability for defects
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Dornheim Medical Images GmbH (hereinafter referred to as "Licensor") apply to all contracts which a consumer or entrepreneur (hereinafter referred to as "Licensee") concludes with the Licensor with regard to the software products (hereinafter referred to as "Software") presented by the Licensor in its online shop. The inclusion of the Licensee's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
1.3 Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Contractual object
2.1 The subject of the contract is the transfer of the software offered by the Licensor to the Licensee in electronic form, under granting of certain rights of use more precisely regulated in these GTC.
2.2 Licensee shall not acquire any intellectual property rights in the Software. The source code of the Software is not part of the licensed Software.
2.3 The respective product description in the Licensor's online shop is decisive for the quality of the software provided by the Licensor. The Licensor does not owe any further quality of the software.
2.4 The installation is not part of the contract. In this respect the Licensor refers to the installation instructions. This applies in particular to the hardware and software environment in which the software is used.
2.5 Unless otherwise stated in the Licensor's product description, the Licensee shall not receive any additional support services such as updates to the purchased software version (Updates) or individual application support from the Licensor.
3) Conclusion of contract
3.1 The software products described in the Licensor's online shop do not represent binding offers by the Licensor, but serve to submit a binding offer by the Licensee.
3.2 The Licensee may submit the offer via the online order form integrated into the Licensor's online shop. After placing the selected software in the virtual shopping cart and completing the electronic ordering process, the Licensee submits a legally binding contractual offer with regard to the software contained in the shopping cart by clicking the button completing the ordering process.
3.3 The Licensor may accept the Licensee's offer within five days,
- by sending the Licensee a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Licensee is decisive, or
- by providing the ordered software to the Licensee, whereby the access by the Licensee is decisive, or
- by requesting payment from the Licensee after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the licensor does not accept the Licensee's offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the Licensee is no longer bound by his declaration of intent.
3.4 The period for acceptance of the offer shall commence on the day after the Licensee has sent the offer and shall end on the fifth day following the day on which the offer is sent.
3.5 If an offer is submitted via the Licensor's online order form, the text of the contract shall be stored by the Licensor and sent to the Licensee in text form (e.g. e-mail, fax or letter) together with these GTC after dispatch of the order.
3.6 Prior to binding submission of the order via the Licensor's online order form, the Licensee may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the zoom function of the browser, which enlarges the display on the screen. The Licensee can correct his entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
3.7 Only the German language is available for the conclusion of the contract.
3.8 The order processing and establishment of contact usually take place via e-mail and automated order processing. The Licensee must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Licensor can be received at this address. In particular, when using SPAM filters, the Licensee must ensure that all e-mails sent by the Licensor can be delivered.
4) Right of withdrawal
Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Licensor's revocation instructions.
5.1 The Licensor shall receive a flat license fee, the amount of which is specified in the respective product description, for the provision of the software by granting of the necessary rights of use.
5.2 The prices quoted by the Licensor are total prices and include statutory sales tax.
5.3 For payments in countries outside the European Union, additional costs may be incurred in individual cases for which the Licensor is not responsible and which shall be borne by the Licensee. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
5.4 The Licensee has various payment options at his disposal, which are specified in the Licensor's online shop.
5.6 If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The Licensor reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Licensor will inform the Licensee in his payment information in the online shop about a corresponding payment restriction.
5.7 If the SEPA direct debit payment method is selected, the invoice amount shall be due for payment after a SEPA direct debit mandate has been issued, but not before expiry of the period for prior notifications. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the expiry of the period for prior notifications. Pre-notification is any notice (e.g. invoice, policy, contract) from the Licensor to the Licensee announcing a debit by SEPA direct debit. If the direct debit is not honoured due to a lack of sufficient account coverage or due to the indication of incorrect bank details, or if the Licensee objects to the direct debit although he is not entitled to do so, the Licensee shall bear the fees resulting from the reversal of the debit entry by the respective credit institution if he is responsible for this.
6) Delivery of the software
6.1 The Licensor shall effect delivery by providing the Licensee with a digital copy of the Software for downloading via the Internet. For this purpose, the Licensor shall provide the Licensee with an e-mail link via which the Licensee can initiate the download of the digital copy and store the copy in a storage location of his choice.
6.2 Compliance with any delivery dates shall be determined by the time at which the Software is made available for retrieval on the network and the Licensee is informed accordingly.
7) Granting of rights of use
7.1 The Licensor grants the Licensee a non-exclusive, indefinite, transferable right to use the Software in the agreed hardware and software environment for private and/or business purposes.
7.2 The Licensee shall not be granted a right of processing.
7.3 The leasing of the software is not permitted.
7.4 The Licensee is prohibited from removing and/or modifying any existing copy protection.
7.5 The Licensee undertakes to take appropriate technical and organizational measures to ensure that the intended use of the Software is ensured.
7.6 The Licensee is entitled to make one copy of the Software for backup purposes. The copies of the software used for a proper data backup are part of the intended use.
7.7 If the Licensee exercises his right to transfer the rights of use to a third party, he shall impose his contractual obligations on the third party. With the transfer, the Licensee's rights of use expire. All existing copies of the software must be deleted.
7.8 According to § 158 para. 1 BGB (German Civil Code), the granting of rights only becomes effective when the Licensee has paid the owed remuneration in full.
7.9 If the Licensee seriously violates the agreed rights of use, the Licensor may terminate the granting of the rights of use to the affected Software extraordinarily. This presupposes an unsuccessful warning with a reasonable deadline set by the Licensor.
7.10 In the event of termination, the Licensee is obliged to delete all existing copies of the Software and to confirm this to the Licensor in text form upon request.
7.11 The other statutory and contractual provisions shall remain unaffected.
8) Cooperation obligations of the Licensee
8.1 The Licensee must inform himself about the essential functional features of the Software and bears the risk of whether these correspond to his wishes and needs. The Licensee is solely responsible for setting up a functional hardware and software environment for the Software that is sufficiently dimensioned to take into account the additional load caused by the Software.
8.2 The Licensee shall observe the instructions given by the Licensor for the installation and operation of the Software.
8.3 The Licensor recommends the Licensee to take reasonable precautions in the event that the Software does not work properly in whole or in part (e.g. by daily data backup, fault diagnosis, regular checking of the data processing results) and to make a suitable backup of his data before installing the Software.
9) Liability for defects
If the software is defective, the provisions of statutory liability for defects shall apply.
10) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
11) Place of jurisdiction
If the Licensee acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Licensor. If the Licensee is domiciled outside the territory of the Federal Republic of Germany, the Licensor's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Licensee's professional or commercial activity. In the aforementioned cases, however, the Licensor shall in any case be entitled to appeal to the court at the Licensee's place of business.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: ec.europa.eu/consumers/odr This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
12.2 The Licensor is not obliged to participate in a dispute resolution procedure before a consumer mediation body, but is prepared to do so in principle.