Terms and Conditions

General business terms and conditions (AGB)

Only the German version is legally valid and binding. Language translation is for information only. 

Terms and conditions between the elixxier Software GmbH (hereinafter: elixxier) and the buyer / the buyer (hereinafter: consumers)

The following conditions regulate the business with private consumers under the Civil Code (BGB) and commercial consumers (merchants / entrepreneurs / institutions) within the meaning of the German Commercial Code (HGB).

All deliveries, services and offers of elixxier Software GmbH are based exclusively on these Terms and Conditions (Terms), and on the basis of the applicable license agreement (EULA, see below) the elixxier Software GmbH, as far as software and / or audio / video content delivered. They apply to all orders by consumers and are accepted with every order by the consumer. Differing terms and conditions shall only be confirmed in writing by the elixxier Software GmbH.

1. Subject matter when purchasing software on disk or download
(1) The consumer buys the goods specified in the purchase order software - so the program including executable object code including Manual / Quick Start Guide in file form. The following rules also apply to software add-ons and updates to the integrated avatars Lichtset- and workshop program, supplementary programs. Source codes are not supplied.

(2) For the quality of the delivered of elixxier software which is at shipping / opening the possibility to download the contract objects valid and available to consumers before the contract Product description significantly, which is also described in the manual / the brief instructions again.

(3) To install the software refers elixxier to those described in the / the Manual / Quick Start Guide Installation instructions, particularly on the environment, which must be available to the consumer.

2. Conclusion
(1) The offers of elixxier on the online platform (www.elixxier.com) are not legally binding offer, but rather a non-binding invitation to the consumer in elixxier products and / or services to order. The order of the consumer (binding offer) made by telephone, by mail or by sending a filled in by the consumer online order form from the virtual shopping cart.

After receipt of the order elixxier this is confirmed by elixxier immediately by e-mail, in which documents and lists the details of the order are (order confirmation). This order confirmation does not constitute acceptance of the offer.
A contract, which is the binding acceptance of the order of the consumer is done by delivery of the ordered product to the consumer. elixxier is entitled to accept the contract offer by the customer within 10 days after receipt of order.

(2) If in the period, which is between the access of the offer of the consumer and acceptance by elixxier, a new - improved - his version of a product available, elixxier is entitled to deliver this newer version, if the functionality and benefits of the newer product is substantially identical and the consumer, the use of the new product reasonable.

(3) The contract is concluded in the German language with the company:

elixxier Software GmbH
Hohner Straße 25
D-70469 Stuttgart

Phone +49 711 2172 805-0
Fax +49 711 2172 805-9
email info@elixxier.com
Web: www.elixxier.com

3. Purchase price and payment terms
(1) The obligatory payment by consumers purchase price results from the order confirmation. Prices for shipment to include the costs for transport and packaging for physical shipment, a (shipping). When it available for download on the Internet elixxier bear the costs thereof, to make the software available on the Internet. The consumer bears its costs for retrieval / download .

(2) Payments of the consumer must be made in advance, in accordance with the by elixxier accepted payment methods (bank transfer, bank transfer, PayPal, Credit Card) Unless otherwise agreed. elixxier reserves, in case of default deliveries, partial deliveries and / or services until full payment, as well as to demand statutory interest and compensation of further delay related harm. A discount will be granted.

(3) A right of retention of the consumer can not be invoked by this only because of counterclaims from the same contract. The consumer may only offset claims that are legally established or undisputed.

4. Delivery and delivery time
(1) apply the delivery times of elixxier.

(2) To the extent possible and reasonable, missing, wrong or damaged products and / or packaging on the waybill shall be noted before signing. If the consumer does not initiate such a report, this has no effect on its warranty rights.

(3) The supply of software can be carried out physically using data carriers or via download. If the software is delivered online (download), the software is deployed on a computer and the consumer asked the possibility of online purchasing of software. The obligation of elixxier for delivery in these cases is met if the consumer in writing, a link will be provided together with the information and the software can be transmitted using this link, to the computer of the consumer and stored there.

(4) elixxier supplies \"while stocks last\". If the product ordered is not available, because we are not supplied with this product by our suppliers without our own fault, we can withdraw from the contract. In this case, we will inform you immediately and may propose to supply a comparable product. If no comparable product is available or you do not wish to supply a comparable product, we will possibly refund already paid without delay.

(5) Should not be on stock all products ordered, we are not entitled to partial deliveries at our expense, as far as this is reasonable for you. If a delivery for other reasons be possible only in partial deliveries, we are to the extent that this is reasonable for you, also eligible.

(6) consumer defaults on acceptance or if he fails an act of cooperation or delayed delivery of another, to be justified by consumer reasons, the elixxier is entitled, including additional expenses to demand compensation for the resulting damage. The risk of accidental deterioration of the goods passes at this time on the consumer, to which he falls into default of acceptance.

5 Reservation of ownership and use rights
(1) The ownership of the delivered products is only upon full payment of the purchase price to the consumer. The rights to use the software to go until full, unconditional payment of the purchase price of elixxier transferred to the buyer.

(2) The assertion of title does not constitute withdrawal from the contract.

6. Right of revocation

A. For the shipment of goods

You have the right to withdraw within fourteen days without giving a reason this contract.
The withdrawal period shall be fourteen days from the date, have taken to buy, or a representative of your third party, other than the carrier, possession of the goods or has.

To exercise your right, you have to (elixxier Software GmbH, Hohnerstr 25, 70469 Stuttgart, Tel .: 0711-2172805-0, Fax:. 0711-2172805-9, email: support@elixxier.com) by means of a unique statement (eg a consigned by post mail, fax or email), inform them of your decision to withdraw from this contract. You can for the attached withdrawal form (see below), but this is not mandatory.

To safeguard the withdrawal period it is sufficient that you send your communication concerning the exercise of the withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal:
If you withdraw from this contract, we will reimburse all payments we receive from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than the offered by us, favorable Ground Shipping have), and repay immediately latest within fourteen days from the date on which the notification has been received of its cancellation of this contract with us. For this repayment we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case you will be charged fees for this repayment.
We may withhold reimbursement until we have received the returned goods back, or until you have demonstrated that you have returned the goods, whichever is the earlier.
You have to return the goods immediately and in any event not later than fourteen days from the date on which you inform us about the cancellation of this contract to us or to hand over. The deadline is met if you send the goods before the deadline of a fortnight.

You bear the direct cost of returning the goods.
You just have to pay for any diminished value of the goods, when this value is due to a loss necessary to ascertain the nature, characteristics and functioning of the goods handling.

Excluding the right of withdrawal
The right does not apply to contracts
- The supply of goods which are not prefabricated and for their production of an individual choice or decision by the consumer shall prevail or which are clearly tailored to the personal needs of the consumer,
- Articles which are not suitable due to their condition for a return

The right of revocation may not be granted
- If their seal has been removed from delivery to delivery of sealed goods which are not suitable for reasons of health or hygiene to return,
- The supply of goods if they were mixed after delivery due to their nature inseparably with other goods,
- The supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery

B. For the delivery of digital content

Withdrawal
You have the right to withdraw within fourteen days without giving a reason this contract.

The withdrawal period shall be fourteen days from the date of contract.
To exercise your right, you have to (elixxier Software GmbH, Hohnerstr 25, Stuttgart, Tel .: +4971121728050 Fax:. +4971121728059, Email: info@elixxier.com) by means of a clear statement (eg a by mail consigned by letter, fax or email) about your decision to withdraw from this contract, inform. You can sure use the attached model withdrawal form, but which is not required.
To safeguard the withdrawal period it is sufficient that you send your communication concerning the exercise of the withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal:
If you withdraw from this contract, we will reimburse all payments we receive from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than the offered by us, cheapest Ground Shipping have), and repay immediately latest within fourteen days from the date on which the notification has been received of its cancellation of this contract with us. For this repayment we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case you will be charged fees for this repayment.

Special Instructions:
Your right expires prematurely if we started with the performance of the contract after you have expressly agreed that we start with the execution of the contract before the end of the withdrawal period and you\'ve confirmed your knowledge that you by your consent at the start of execution the contract will lose your right of withdrawal.

-End Of cancellation

Note:
You have the possibility of buying our software for free 15 day trial, in full and without obligation. So you can convince yourself in the calm before the purchase of the quality. Go to our download page for the software is also available.

Sample withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back)

- At
elixxier Software GmbH
Hohnerstr. 25
70469 Stuttgart

Fax: 0711-2172805-9
Email: support@elixxier.com

- Hereby give notice (s) I / We (*) withdraw from my / our (*) contract entered into for the purchase of the following goods (*) / provision of the following service (*)

- Ordered on (*) / received on (*)

- Name / consumer (s)

- Address of the / consumer (s)

- Signature of / consumer (s) (only for message on paper)

- Date
___________
(*) Delete as appropriate.
Send us the revocation of the easiest by email.


7. Cooperation and Information Obligations of the consumer
(1) We encourage you to learn about the essential functional features of the products on the relevant product detail pages of www.elixxier.com; about doubts you should seek advice prior to the conclusion by employees of elixxier or by expert third parties.
(2) For software: The establishment of a functioning - and also taking into account the additional burden of the contractual items properly sized system environment of your computer for the use of the contractual items and online access for verification / authentication is your sole responsibility.
(3) For software: We recommend for following the instructions of elixxier in the manual / the brief instructions for installing and running the software; via the online help pages You can check on current evidence and take into account during operation.
(4) To the extent elixxier incumbent further obligations for the provision of the contractual items addition, they act as consumers thereto as necessary and reasonable extent with by example Provide data and telecommunication facilities.
(5) For software: you has the duty to secure the data on your computer system regularly against data loss.

8. Rights of the consumer
The rights of the consumer to the software are governed by the End User License Agreement (EULA) of the software manufacturer elixxier Software GmbH, which are included as Part II of this Terms and Conditions.

9. Verification rights elixxier, online authentication (with purchase of software)
To secure its copyright on the Software acquired the elixxier leads after installing the program on your computer system an encrypted online verification and validated by. It is therefore imperative that your computer system can be accessed in around the same time installation of the program on the Internet and you agree to an interactive verification of the software.

A verification takes place also another time at your computer major components are replaced or installed add-ons.

Should the verification lack Internet Contact your computer not be possible, it may cease to function correctly. For this purpose, takes over the elixxier no responsibility.

It is transmitted elixxier any personal information from your computer that are not directly related to the verification and activating the program in context.

10. Claims for defects / warranty
(1) In the event of a defect, the software is initially elixxier entitled under the legal provisions to remedy the defect or replacement. For this leaves elixxier the consumer to choose between an new, defect-free software version or eliminate the deficiency by replacement.
(2) The consumer is obliged to accept a new software version, if the contractual functions is maintained and the acquisition does not lead to significant disadvantages.
(3) In case of minor defects, the right to withdraw or to assert claims for damages is excluded, unless the damage is due to injury to life, limb or health, to a negligent breach of duty by elixxier or an intentional or negligent breach of duty by legal representatives or vicarious agents , The right to claim the reduction remains unaffected. Insignificant defects are minor errors that have no decisive effect on the usability of the software. Such errors are corrected as part of the normal development of the software in one of the next releases.
(4) The consumer bears the burden of proving that the defect can be represented by elixxier, if the defect is due to the fact that the consumer without the consent of elixxier changed the product, has used or repaired incorrectly or not the product the elixxier - installed according to instructions were processed, operated and maintained.
(5) The duration of the guarantee (for consumers in the strict sense) is two years from delivery of the contractual object - Deviating from this, the warranty period for entrepreneurs 1 year after delivery. A completed download process corresponds to the delivery. ,
(6) The warranty for free delivered software (ie the software that the consumer receives for testing purposes, or the software that is left to him in the context of software maintenance), is governed by the statutory provisions.
(7) The seller towards the consumer from any guarantees in the legal sense, unless expressly agreed otherwise. Manufacturer warranties remain unaffected.

11. Liability
(1) The liability of elixxier is governed by the statutory provisions, provided that in these conditions nothing deviating is regulated.
(2) Before the product marketed by elixxier software and new releases are put into operation, the installation instructions in the manual / Quick Start Guide or the online help pages are to be observed and advance to perform a backup to prevent data loss.
(3) The liability of elixxier for the recovery of data is the amount shall be limited to the costs necessary to restore the data, unless the consumer can prove that the damage is higher. The consumer is responsible for a regular data backup on their computer system.
(4) Any further liability is excluded

12. services
Services are rendered by elixxier or its agents. These are benefits which are not provided under the contract and in particular not under warranty. Service may be provided by telephone or via the Internet. For third-party products, only the provisions of the manufacturer apply.

13. Data Protection
The end customer data is processed automatically. elixxier keeps applicable for Germany Privacy Policy (Federal Data Protection Act - BDSG - German Telemedia Act - TMG -) in the collection, processing and use of personal data and the one present on the website\'s privacy policy (www.elixxier.com/datenschutz/).

The personal data collected will only be used for fulfillment of the contract. The consumer always has the right to demand information on the concerning him at elixxier stored data. After fulfillment of all contractual claims and after the contractual or statutory period reserves delete elixxier before the data. Credit card information is not saved after closing of elixxier.

This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses. "Cookies", text files that are stored on your computer and enable analysis of your use of the website. The information generated by the cookie about your use of this website are usually transferred to a server of Google in the US and stored there. In case of activation of IP anonymization on this website, your IP address from Google will be truncated within Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address is transmitted to a Google server in the US and shortened there. On behalf of the operator of this site Google will use this information to evaluate your use of the website, compiling reports on website activity and providing other with website and internet related services to the website operator. Is undertaken as part of Google Analytics that your browser sends IP address can not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser; but we point out that you possibly can use to their full extent in this case not all features of this website. You can also prevent the data generated by the cookie and relating to your usage of the website (incl. Your IP address) to Google and the processing of these data by Google, by downloading available at the following link browser plugin and install [http://tools.google.com/dlpage/gaoptout?hl=de].

To protect your privacy of used on this website Google Analytics code has been enhanced to an anonymous collection of IP addresses (so called. IP-masking).

For more information, please visit:
http://tools.google.com/dlpage/gaoptout?hl=de
http://www.google.com/intl/de/analytics/privacyoverview.html
http://www.elixxier.com/datenschutz/

14. Severability and UN Sales Law
(1) If any provision of the contract, the license agreement or a supplementary agreement of the contract are or become invalid, it shall not affect the validity of the remaining regulations thereby. Ineffective regulations are replaced by the corresponding legislation.
(2) The Parties agree with respect to all legal relationships from this contractual relationship, the application of the law of the Federal Republic of Germany. The validity of the UN Sales Convention is expressly excluded.
(3) Only the German version of the general terms and conditions shall be binding. A language translation serves only to inform the consumer.

Stand Conditions: May 2015

EULA - End User License Agreement

Only the German version of the EULA is legally valid and binding. Language translation is for information only.
Translation of EULA - End User License Agreement



§ 1 Scope of rights (contract)

(1) The number and scope of the transferred rights resulting from the contract of purchase with the elixxier Software GmbH - elixxier below - as well as the terms and conditions / EULA. The following rules also apply to software add-ons and updates to the integrated avatars Lichtset- and workshop program, supplementary programs. The consumer acquires the simple, non-exclusive right to use the contractual software, ie in a contractually agreed level in the memory of a computer and a mobile computer (eg notebook) to load and permanently install in the agreed scope on mass storage devices. Other rights are not transferred.

(2) The rights of use are subject to full and unconditional payment of the transfer of the contract for transfer of software royalties to be paid indefinitely. Until that time, the consumer use is tolerated by elixxier and may be terminated after formal notice with penalty at any time.

(3) software may be distributed and / or sold under this End User License Terms. The consumer, however, is obliged in this case to hand over original data carriers and all backup copies, and Manual / Quick Start Guide to the purchaser / transferee and to delete the software from its hardware irretrievably. In addition, the consumer is obliged to transmit this end customer license agreement to the third party.

(4) The third party software may not work temporarily in the way of the ASP be left to other way for commercial use (Application Service Provider) or. It may not sub-license will be awarded.

(5) In the case of the exercise of a statutory right of withdrawal, the consumer is obliged to delete next to any existing obligations return received benefits already installed software on its hardware irretrievably.


§ 2 Verification rights elixxier, online authentication
To secure its copyright on the Software acquired the elixxier leads after installing the program on your computer system an encrypted online verification and validated by. It is therefore imperative that your computer system can be accessed in around the same time installation of the program on the Internet and you agree to an interactive verification of the software.

A verification takes place also another time at your computer major components are replaced or installed add-ons.

Should the verification lack Internet contact the computer not be possible, it may cease to function correctly. For this purpose, takes over the elixxier no responsibility.

It is transmitted elixxier any personal information from your computer that are not directly related to the verification and activating the program in context.


§ 3 New Software Releases
(1) The consumer has the right, free to acquire new software releases, fix the possible low error of old versions and includes product enhancements. It then governed by the applicable provisions of the end-user license agreement that must be accepted with the installation of software releases from clients.

(2) The right to use the previous software, which is technically replaced by the releases delivered, expires within two weeks after the consumer the provided software productively used not later than three calendar months after delivery of the software to the consumer. The consumer is entitled to make archival or backup purposes one copy of the software.

(3) As far as the consumer passes on or sells the software to third parties, this process is naming the name and address of the display of the Third elixxier. The third party will only have a right to new software releases, when the transition of the software has been properly registered at elixxier.


§ 4 regulations for Test Software
(1) The consumer will transfer the simple, spatially unrestricted, time-limited to the duration of the agreed trial period license to use the software. The law covers only the power to load the software on a computer and use it. It is transmitted no other right of use.

(2) The consumer is not entitled without the prior consent of elixxier to transfer the right of use to third parties or to grant this corresponding rights.

(3) The consumer is committed to the software and documentation without the express consent of elixxier not make in the original or in the form of whole or partial copies available to third parties.

(4) The purpose of the transfer of rights to the consumer to enable the software to try out a limited amount of time.

(5) After this time, the consumer is obligated to immediately, together with all copies to delete the trial, unless the consumer has acquired at this time a continuing right to use the software.

(6) can elixxier the ceded right of use at any time, extend or terminate before the deadline.

(7) elixxier reserves the trial in their scope and functionality to limit or expand.


§ 5 Evaluation licenses
elixxier admits no evaluation licenses.


§ 6 Decompilation and Software Changes
(1) The software is copy-protected. The removal of copy protection or similar protection routines is only permitted if by such security interference-free software use is impaired or prevented. For the impairment or prevention of trouble-free usage by the protective mechanism of the consumer bears the burden of proof. The consumer must elixxier (126 b BGB §), the software changes and the faults found symptoms with detailed explanation in text form.

(2) The corresponding actions under para. 1 may only commercially operating third parties be left standing in a potential competition with elixxier when elixxier not want to make a reasonable fee the required software changes or bug fixes or can. elixxier should be allowed a reasonable time to examine the contract acquisition and notify the name of the third party.

(3) If a decompilation is to be made, the consumer has to request the necessary information at elixxier.

(4) Copyright notices, serial numbers and other features serving to identify the software may be removed or altered under any circumstances.


§ 7 Severability Clause and the CISG
(1) The parties agree with respect to all legal relations arising from the EULA that the law of the Federal Republic of Germany. The application of CISG is also insofar excluded.

(2) If any provision of the EULA be or become invalid, it shall not affect the validity of the EULA incidentally thereby.

(3) Only the German version of the EULA is valid and binding. A language translation for information purposes only.

Stand EULA: May 2015

Known from:

References
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