Terms and Conditions

For the use of Services and Software Products
by Excubits UG (haftungsbeschränkt).

Last Modified: 2017/08/10

Please read these Terms of Service (the "Terms") carefully because they govern your use of our Site www.excubits.com (and subdomains thereof), related services accessible via our Site and provided content (including products like software and its components). By using our Services and Products, you agree to be bound by these Terms and Conditions. If you don not agree to these Terms and Conditions, do not use the Services nor the products (including the provided Software). If you are accessing and using the Services and Products on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Conditions. This also includes the License of Software. Hence "you" and "your" will refer to that company or other legal entity.

We may modify the Terms and Conditions at any time, at our sole discretion. If we do so, we will let you know either by posting the modified Terms and Conditions on the Site or through other communications. It’s important that you review the Terms and Conditions from time to time.

§ 1 Definitions

For the Terms and Conditions the following definitions shall apply:

  • "Operator" means the Excubits UG (haftungsbeschränkt), represented by CEO Florian Rienhardt, Enggasse 5, 53127 Bonn, Germany.
  • "Customer" means any natural or legal person or any other association of persons, and any public special fund that get use of the website of the operator or acquire the services and products at excubits.com.
  • "Non-Customer" means any natural or legal person or any other association of persons, and any public special fund that is not a "Customer".
  • "Everyone" means a "Customer" and "Non-Customer".
  • "Customer Data" means any personal or company-related data that indicates a non-customer of his order to the operator or later.
  • "Software", "Services" is a collective term for the services and software products by the operator. Software includes the executable computer program, any provided digital service and any related printed, electronic and online documentation and any other files or (digital) information that may accompany the product or service provided by Excubits UG (haftungsbeschränkt).

For the definitions above and this terms of service it does not matter, whether the person acts non-commercial, commercial, as a public- or private sector entity or not.

§ 2 Scope

This Terms and Conditions apply to all services, products and agreements between the customer and the provider in the context of all services and products provided through at www.excubits.com and its sub domains. This also applies to all software downloads available at www.excubits.com and its sub pages/domains.

The operator contradicts explicitly other Terms and Conditions. They are not subject and will not apply.

The agreement on the basis of this Terms and Conditions shall be concluded for an indefinitely period. All customer rights under this agreement hold as long as they contain the terms of this Agreement. On any breach of contract caused by the customer, all the rights expire for licensed services and products.

The Operator operates a German Limited Company ( UG (haftungsbeschränkt) ) with the name Excubits UG (haftungsbeschränkt) at www.excubits.com.

You may use the Services and Software only if you are 18 years or older and capable of forming a binding contract with Excubits UG (haftungsbeschränkt) and are not barred from using them under applicable law.

§ 3 Trial/Demo Version / Beta Version / Licensed Version

The trial/demo versions are meant to only illustrative, evaluate and review the services and products offered by the operator. For using the trial version paragraphs §§1 - §§3 and §§6 - §§9 referencing this Terms and Conditions apply. The Customer shall explicitly (ie, by activating a selection box) agree to these Terms and Conditions before downloading and using the services and products. Any claim for using the services or products does not exist. The trial version can be tested for private non-commercial use without any limitation. In commercial environments testing is allowed for sixty (60) days, any further usage of the trial version is forbidden.

The beta demo versions are meant to only illustrate, evaluate, review and test beta versions of the service and products offered by the operator. For using the trial version paragraphs §§1 - §§3 and §§6 - §§9 referencing this Terms and Conditions apply. The Customer shall explicitly (ie, by activating a selection box) agree to these Terms and Conditions before downloading and using the services and products. Direct downloading is forbidden - even if possible. Any claim for using the services or products does not exist. The beta demo versions can be tested for private non-commercial use without any limitation. In commercial environments testing is allowed for sixty (60) days, any further usage of the beta version is forbidden. All software provided as beta comes without any warranty. The user shall install and use the beta demo products only on test systems, not on any production line systems. The beta software might contain bugs that crash the system and may also cause loss of data. Using beta software or products is at everyone's own risk.

To use the full featured and full range of services and software products sold by the operator, licensing of the products is required. Everyone can download and test a trial (demo) version offered on www.excubits.com. Everyone can download and install the trial version for testing. The trial versions only feature limited functionality or will limit functionality (e.g. turn them off) after a while.

§ 4 Prices, payment, contract, cancellation

In order to use the licensed versions by non-clients a license fee shall be paid for the relevant services and products. Acknowledging these terms and conditions is required. The customer shall enter personal information asked for in an order query form. Before submitting the web form containing the personal and ordering details, the customer shall explicitly (ie, by activating a selection box) acknowledge these terms and conditions and the privacy statement. Upon confirmation by activating the selection field the non-customer accepts the contract with the operator under involvement and recognition of these Terms and Conditions.

The customer shall pay the fee in advance. Available payment methods are PayPal and wire transfer. Without payment of the full invoiced amount, there will be no service or product (license) handed out. If the customer does not pay within 7 business days, the customer's order will be canceled.

Payment using wire transfer: After submitting the order the non-customer will receive an e-mail containing the details about the order. This information also includes an invoice with request to pay the amount of money referenced. The customer shall pay the amount using wire transfer and will receive the licensed version of the service or software if the invoice's amount was fully transferred to the operator's bank account. The customer shall use the invoice's id as a reference given for the money transfer, so the operator can identify it.

Payment using PayPal: After submitting the order the non-customer will receive an e-mail containing the details about the order. This information also includes an invoice with request to pay the amount of money referenced. The customer shall pay the amount using PayPal and will receive the licensed version of the service or software if the invoice's referenced amount was fully transferred to the operator's PayPal account. The customer shall use the invoice's id as a reference given for the money transfer, so the operator can identify it.

All indicated prices are final prices in Euro (EUR €), no specified VAT, since the operator pursuant exempt from VAT. § 19, para. 1 UStG referencing German legal TAX code.

All services and products that are not priced are provided free of charge. The Operator reserves the right to modify or limit free services and products at any time.

The operator shall provide the customer the service or product (license) after having received the invoiced amount. The delivery can be provided as an download from a server on the Internet or as an e-mail attachment. If a log-in is required the operator shall provide a username and password.

If a operator's supplier does not deliver ordered goods or commissioned service, the operator is entitled to withdraw the contract with the customer. In this case, the customer will be informed immediately that the ordered service or product is not available. Any payment by the customer will be refunded as soon as possible.

The customer is aware that software is never free of errors. A insignificant reduction in the quality of the software is not a defect. The customer shall describe defects, errors and their symptoms as accurately as possible. The customer is obliged to inspect the delivered services and products within 3 days after delivery and, if a defect is found, it has been reported immediately to the operator. If the customer fails to inspect and check the service or product, the service or product shall be deemed approved. The customer will fulfill its reporting obligations by reporting via an e-mail to in[email protected] The provisions of this paragraph shall not apply to defects fraudulently concealed by the operator.

§ 5 Conditions To Withdrawal

For contracts which we conclude with consumers using only distance communication (such as telephone or internet), the following right applies:

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BEGIN OF REVOCATION

Right to withdrawal

You can cancel your contract within 14 days without giving any
reasons by writing (e.g. letter, e-mail) or by returning the goods to:

Excubits UG (haftungsbeschränkt)
Enggasse 5
53127 Bonn
Germany
E-Mail: info@excubits.com

In your writing just state that you want to withdrawal.

The time limit begins after receipt of this notification in writing, but
not before receipt of the goods by the consignee (in case of recurring
deliveries of similar goods not before receipt of the first partial delivery)
and not before fulfilling our information obligations according to
§ 312c Abs. 2 BGB in connection with § 1, para. 1, 2 and 4 BGB-as well as
our obligations according to § 312e Abs. 1 Satz 1 BGB in connection
with § 3 BGB Information Regulations.

Please Note:

The right to withdrawal is not possible for virtual/digital goods that
can by their inherent nature not be sent back, or goods that were exclusively
produced, compiled and created for the customer; especially goods that have
been downloaded by the customer. As soon as you have downloaded the goods
it is not possible to withdrawal regarding this terms.

END OF REVOCATION
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§ 6 End User License Agreement

YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

ANY SOFTWARE PROGRAM PROVIDED BY EXCUBITS UG (HAFTUNGSBESCHRÄNKT) AND ITS RELATED MATERIALS ("HANDBOOK", "INFORMATION MATERIAL", "SOFTWARE PRODUCT" OR "SOFTWARE") IS A PROPRIETARY PRODUCT OF EXCUBITS UG (HAFTUNGSBESCHRÄNKT) AND IS PROTECTED BY COPYRIGHT LAWS. USE OF THIS SOFTWARE IS GOVERNED BY THIS LICENSE AGREEMENT AND APPLICABLE LAW INCLUDING COPYRIGHT LAW. ALL RIGHTS ARE RESERVED BY EXCUBITS UG (HAFTUNGSBESCHRÄNKT). THE SOFTWARE PRODUCT IS LICENSED, NOT SOLD.

§ 6.1 Grant of License

Excubits UG (haftungsbeschränkt) hereby grants to you a non-exclusive license to use its services and Software (from now on just "SOFTWARE"). The software is licensed, not sold. This agreement only gives you some rights to use the software. The software is licensed "as-is." You bear the risk of using it.

Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways:

  • use the SOFTWARE on a single Microsoft Windows driven Personal Computer or Server.
  • use the SOFTWARE on a second backup system so long as the first and second System are not used simultaneously.
  • copy the SOFTWARE for back-up and archival purposes. You may make one backup copy of the software. You may use it only to reinstall the software.
  • you may not reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation.
  • you may not remove logos, copyright information of the SOFTWARE.
  • you may not re-assemble and distribute the software in form of a (new) SOFTWARE package.
  • publish the software for others to copy.

You may use the SOFTWARE in its DEMO VERSION free of charge sixty (60) days after it is first installed and launched. At the end of trial period, your license to use the SOFTWARE is automatically terminated unless you have purchased a license version from Excubits UG (haftungsbeschränkt).

§ 6.2 Distribution

Unless explicitly stated in writing, Excubits UG (haftungsbeschränkt) does not grant permission to distribute the SOFTWARE for profit and non-profit in any form, including but not limited to, electronic information service distribution, bulletin board distribution, and magnetic or optical medium distribution.

You may permanently transfer ownership of the SOFTWARE and accompanying materials by delivering the original SOFTWARE media and materials to a third party who accepts the terms and conditions of this Agreement, and by simultaneously destroying all copies of the SOFTWARE and accompanying materials in your possession. Such a transfer terminates your license to use the SOFTWARE.

§ 6.3 Copyright

All title and copyrights in and to the SOFTWARE and any copies thereof are owned by Excubits UG (haftungsbeschränkt) or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.

§ 6.4 Warranty

EXCUBITS UG (HAFTUNGSBESCHRÄNKT) MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE FITNESS OF OUR SOFTWARE FOR ANY PARTICULAR PURPOSE. EXCUBITS UG (HAFTUNGSBESCHRÄNKT) CLAIMS NO LIABILITY FOR DATA LOSS OR OTHER PROBLEMS CAUSED DIRECTLY OR INDIRECTLY BY THE SOFTWARE OR THE USE OF IT. THE USER IS ASSUMING THE ENTIRE RISK AS TO THE SOFTWARE’S QUALITY AND ACCURACY.

IN NO EVENT SHALL EXCUBITS UG (HAFTUNGSBESCHRÄNKT) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID FOR THE LICENSE.

Excubits UG (haftungsbeschränkt) is not responsible for any damage to the purchaser's computer system or data and in no event will Excubits UG (haftungsbeschränkt), its officers, directors, employees or agents be responsible to the purchaser for any consequential, incidental, or indirect damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use or inability to use the Excubits UG (haftungsbeschränkt) product, even if Excubits UG (haftungsbeschränkt) has been advised of the possibility of such damages.

You shall backup your system frequently to ensure that in case of any damage caused by the software, so the loss is not too large/huge.

§ 6.5 Support Services

Because our SOFTWARE and SERVICES are provided "as is," we may not provide (special) support services for it. But you can contact Customer Care on general questions or for help. The conditions and the subject of the technical support will be negotiated with the customer from case to case and is subject of an additional support contract with extra fees.

§ 7 Governing Law

Any claim relating to Excubits UG (haftungsbeschränkt), its products, services or web site shall be governed by the laws of Germany without regard to its conflict of law provisions.

§ 8 Severability clause

If any provision in this Agreement is held invalid or unenforceable by a body of competent jurisdiction, such provision will be construed, limited or, if necessary, severed to the extent necessary to eliminate such invalidity or unenforceability. The parties agree to negotiate in good faith a valid, enforceable substitute provision that shall most nearly effects the parties’ original intent in entering into this Agreement or to provide an equitable adjustment in the event no such provision can be added. Please note that the other provisions of this Agreement will remain in full force and effect.

§ 9 Contact Information

If you have any concerns or questions about us, the company Excubits UG (haftungsbeschränkt), or these Terms or the Software/Services, do not hesitate and contact us at info@excubits.com.

§ 10 Online Dispute Resolution

Regarding Art. 14 Abs. 1 ODR-VO: The European Commission provides a website dedicated to helping consumers and traders resolve disputes out-of-court, for more information visit http://ec.europa.eu/consumers/odr/.

Alternative Dispute Resolution:

Excubits UG (haftungsbeschränkt) is not obliged to do so and therefore does not participate in a dispute settlement procedure before a consumer suppression office.