Terms And Conditions
Preamble
These General Terms and Conditions (GTC) apply to all contracts between customers and
JaJuMa GmbH
Badstr. 19
71134 Aidlingen
Aidlingen, Germany
Register court: Stuttgart
Register number: HRB 758194
(hereinafter "Licensor") in relation to the software products presented in the online shop www.jajuma.de (hereinafter "Software").
"Customer(s)" (hereinafter "Licensee") is a party that has created an account on the website www.jajuma.de in order to purchase a licence for the software and/or service(s) provided by JaJuMa. The Customer may be a company or an individual who purchases the Software and/or Service(s) in the course of its business.
JaJuMa does not sell software to consumers.
1) Subject matter of the contract
1.1 The subject matter of the Agreement is the provision of the Software offered by the Licensor to the Licensee in electronic form with the granting of certain rights of use, which are regulated in more detail in these Terms and Conditions.
1.2 The Licensee does not acquire any intellectual property rights to the Software.
1.3 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.
1.4 Unless otherwise stated in the Licensor's product description, the Licensee shall not receive any additional support services from the Licensor, such as updates to the software version (updates) or individual application support.
1.5 Installation and other support services may be offered and purchased as additional services as specified in the Licensor's product description.
2) Delivery of the software
2.1 Delivery shall be made by the Licensor making a digital copy of the Software available to the Licensee for download via the Internet. For this purpose, the Licensor shall provide the Licensee with a link in the customer account via which the Licensee can initiate the download of the digital copy and save the copy at a storage location of his choice.
2.2 The time at which the software is made available on the Internet and this is communicated to the Licensee shall be decisive for compliance with any delivery dates.
3) Granting of rights of use
3.1 The Licensor grants the Licensee a simple, perpetual, non-transferable right to use the Software in the agreed hardware and software environment.
3.2 A licence entitles the licensee to use the software in one productive Magento installation and in staging/testing/development environments.
3.3 The Licencee may not install the product on a Magento version other than the one specified at the time of purchase.
3.4 The Licensee may not sell, distribute, sub-licence, rent, lease, lend or otherwise use the software or the associated documentation in any way contrary to the above paragraph.
3.5 The Licencee may not make the product accessible via a public network
3.6 The Licensee may not modify the Product or create derivative works from it, unless these are intended for personal use or for business purposes only.
3.7 The Licensee undertakes to take appropriate technical and organisational measures to ensure that the software is used as intended.
3.8 The Licencee is entitled to make a copy of the software for backup purposes. The copies of the software used for proper data backup are part of the intended use.
3.9 If the Licensee seriously violates the agreed rights of use, the Licensor may extraordinarily terminate the granting of the rights of use to the software concerned. This requires an unsuccessful warning with a reasonable deadline set by the Licensor.
3.10 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.
3.11 The other statutory and contractual provisions shall remain unaffected.
4) Obligations of the Licensee to co-operate
4.1 The Licensee must inform himself about the essential functional features of the Software and bears the risk as to whether these correspond to his wishes and requirements. It is the sole responsibility of the Licensee to set up a functional hardware and software environment for the Software that is sufficiently dimensioned, also taking into account the additional load caused by the Software.
4.2 The Licensee must observe the instructions provided by the Licensor for the installation and operation of the Software.
4.3 The Licensor recommends that the Licensee take appropriate precautions in the event that the Software does not work properly in whole or in part (e.g. by daily data backups, fault diagnosis, regular checks of the data processing results) and to carry out a suitable backup of its data before installing the Software.
5) Compatibility & Warranty
The licensor tests the software in standard Magento installations without third-party extensions and cannot guarantee compatibility with third-party extensions. If you are unsure whether our extensions are compatible with already installed extensions, please contact us before your purchase. We cannot refund purchases due to incompatibility with third-party extensions unless we have confirmed compatibility with the specific extensions prior to your purchase.
5.1 The Licensor grants the Licensee a warranty for the error-free functioning of the Software. The warranty period is one year and begins on the date of conclusion of the licence agreement between the Licensor and the Licensee.
5.2 The Licensee may complain about an error in the Software in writing, by e-mail or via the support system.
5.3 The Licensor does not guarantee the error-free functioning of the Software and/or the investigation of support requests if:
- the Licensee is not using the latest version of the Software;
- the Licensee is not using the latest version of Magento and/or PHP;
- the Licensee is using an edition of the Software that does not correspond to the edition of Magento used
- the Licensee is using a customised Magento;
- the Licensee has modified/customised the Software.
5.4 Furthermore, Licensor does not guarantee the error-free functioning of its software in combination with third-party products.
6) Support & Update Policy
6.1 Unless otherwise agreed, the Licensor offers basic support for 12 months via support ticket from the conclusion of the licence agreement
6.2 The Licensee has the option of purchasing additional support in the form of Installation Service, Priority Support or similar for an additional charge.
6.3 The Licensee has the option of downloading the latest version of the software via his customer account for 12 months from the conclusion of the licence agreement
7) Liability for defects
7.1 The Licensor, its employees, agents or distributors shall not be liable for any consequential, incidental, indirect, special or punitive damages (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data or pecuniary loss) arising in connection with this Agreement, the Product or the use of or inability to use the Product.
7.2 The Licensor shall not be liable for any criminal prosecution arising out of the use of the Product for any illegal use or otherwise.
7.3 Notwithstanding the foregoing, Licensor's total liability under or in respect of this Agreement shall, without exception, be limited to the amount of the price paid by the Licensee to the Licensor for the Product.
8) Refunds
8.1 The software offered by the Licensor is non-tangible, irrevocable (i.e. open source and downloadable) goods for which no refunds can be granted.
9) Applicable law
9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods.
10) Place of jurisdiction
10.1 The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Licensor.
