General business terms and conditions
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.
(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
Phone +49 711 2172 805-0
Fax +49 711 2172 805-9
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 (Cancellation policy)
You can find the cancellation policy at:
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.
(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
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
For more information to Privacy Polic, please visit:
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: August 2022
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
EULA – End User License Agreement
1 Scope of rights of use (purchase contract)
(1) The number and scope of the rights of use to be transferred are specified in the respective purchase contract with elixxier Software GmbH – hereinafter referred to as elixxier – and the General Terms and Conditions / EULA. The following regulations also apply to software add-ons and updates, avatars integrated into the program, light-set and workshop add-on programs. The consumer acquires the simple, non-exclusive right to use the contractual software, i.e. to load it to the contractually agreed extent into the main memory of a computer and a mobile computer (e.g. notebook) and to install it permanently on mass storage devices to the agreed extent. Further rights of use shall not be transferred. elixxier points out that, according to the state of the art, it is not possible to create computer software in such a way that it works faultlessly in all applications and hardware combinations. The object of the contract is therefore only software that is basically usable in the sense of the program description and the operating instructions.
(2) The rights of use shall be transferred without time limit subject to complete and unconditional payment of the remuneration to be paid under the contract for the provision of the software. Until this point in time, the use by the consumer is tolerated by elixxier and can be terminated at any time after setting a deadline with the threat of rejection.
(3) Software may be passed on and/or sold within the scope of these end customer license conditions. In this case, however, the consumer is obliged to hand over the original data carrier and all backup copies as well as the manual/brief instructions to the purchaser/transferee and to irretrievably delete the software from his hardware. Furthermore, the consumer is obliged to transfer this end customer license agreement to the third party.
(4) The software may not be temporarily made available to third parties for commercial use by way of the ASP (Application Service Provider) or in any other way. No sublicenses may be granted.
(5) In the event that a statutory right of revocation is exercised, the consumer shall be obligated to irretrievably delete any software already installed from his hardware in addition to any existing obligations to return received services.
(6) The online community exchange platform is not part of these end customer license agreement. For use, separate terms and conditions, data protection and user regulations must be accepted during registration.
2 Verification Rights of elixxier, Online Authentication
In order to secure its copyright to the purchased software, elixxier performs encrypted online verification and activation after the program has been installed on your computer system. It is therefore imperative that your computer system is able to access the Internet at a time close to the installation process of the program and that you agree to an interactive verification of the software.
Verification will also take place again if essential components are replaced on your computer or add-ons are installed.
If the verification is not possible due to a lack of Internet contact with the computer, there may be functional limitations. The elixxier does not assume any responsibility for this.
No personal data is transferred from your computer to elixxier that is not directly connected with the verification and activation of the program.
3 New Software Updates
(1) elixxier will, at its own discretion, provide updates free of charge which fix possible minor errors of the old versions and contain product improvements. In this case, the respective provisions of the end customer license terms shall apply, which must be accepted by the customer upon installation of the software release. Software updates are a voluntary service of elixxier which are only granted during the product life cycle (usually until the release of a new paid version “Upgrade” – approx. every 1-2 years), a claim by the customer does not exist.
(2) The right to use the previous software, which is technically replaced by the delivered releases, expires within two weeks after the consumer has productively used the provided software, but no later than three calendar months after delivery of the software to the consumer. The consumer is entitled to make one copy of the software each for archiving or backup purposes.
(3) Insofar as the consumer passes on or sells the software to third parties, this process is to be notified to elixxier, stating the name and address of the third party. The third party is only entitled to new software releases if the transfer of the software has been properly registered with elixxier.
4 Regulations for test software
(1) The consumer shall be granted the simple, spatially unlimited right to use the software for the duration of the agreed test period. The right only includes the right to load and use the software on a computer. No other right of use is transferred.
(2) Without the prior consent of elixxier, the consumer is not entitled to transfer the right of use to third parties or to grant them corresponding rights of use.
(3) The consumer undertakes not to make the software and documentation accessible to third parties either in the original or in the form of complete or partial copies without the express consent of elixxier.
(4) The purpose of the transfer of rights is to enable the consumer to test the software for a limited period of time.
(5) After expiry of this period, the consumer is obliged to immediately delete the test version together with all copies, unless the consumer has acquired a further right of use to the software at this point in time.
(6) elixxier can extend the right of use at any time or cancel it before the end of the period.
(7) elixxier reserves the right to limit or extend the scope of services and functionality of the trial version.
5 Evaluation licenses
elixxier does not grant any evaluation licenses.
6 Decompilation and software changes
(1) The software is provided with copy protection. The removal of copy protection or similar protection routines is only permissible if this protection mechanism impairs or prevents the trouble-free use of the software. The consumer bears the burden of proof for the impairment or prevention of trouble-free usability by the protective mechanism. The consumer must inform elixxier in text form (§ 126 b BGB) of the software changes made and the malfunction symptoms that have occurred, by means of a detailed explanation.
(2) The corresponding actions according to paragraph 1 may only be transferred to commercially operating third parties who are in a potential competitive relationship with elixxier if elixxier does not want or cannot carry out the desired software changes or error corrections for an appropriate fee. elixxier must be granted a sufficient period of time to check the acceptance of the order as well as the name of the third party.
(3) If a decompilation is to be carried out, the consumer must request the necessary information from elixxier.
(4) Copyright notices, serial numbers as well as other features serving the software identification may not be removed or changed under any circumstances.
7 DISCLAIMER OF WARRANTY
THE OWNER DOES NOT GUARANTEE THE FOLLOWING: THAT THE SOFTWARE WILL BE FREE FROM “BUGS”, ERRORS, OR OMISSIONS, THAT IT WILL PERFORM WITHOUT INTERRUPTION, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT NEW RELEASES AND/OR UPGRADES OF THE SOFTWARE WILL BE PROVIDED. THE SOFTWARE, ANY INFORMATION, CODES, AND/OR EXECUTABLES PROVIDED, IS SUPPLIED AS IS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER FURTHER DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE RECIPIENT ACCEPTS ANY AND ALL RISK ASSOCIATED WITH THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, OR INCIDENTAL LOSS OF BUSINESS PROFITS, SPECIAL DAMAGES ARISING FROM THE USE (OR INABILITY TO USE) THE SOFTWARE, OR FROM ERRORS OR DEFICIENCIES IN IT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE OWNER’S LIABILITY EXCEED THE SUM PAID BY YOU FOR THE SOFTWARE.
8 Severability and CISG
(1) The parties agree with respect to all legal relations from the EULA for the law of the Federal Republic of Germany. The application of the CISG is expressly excluded to the extent.
(2) If any provision of this EULA is or becomes invalid, then the validity of the EULA for the rest are not thereby affected.
(3) Only the German version of the EULA is legally valid and binding. Language translation is for information only.
Copyright (c) 2020 by elixxier Software GmbH
All rights reserved.
Stand EULA: Jan. 2020