OCAD AG - Online Payment

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General terms and conditions

1. Scope of application

1.1 All offers, orders, goods and services of OCAD Inc. shall be governed exclusively by the following terms and conditions. In any event, they shall take precedence over differing terms and conditions, even those sent by the buyer or printed on its correspondence. Amendments and subsidiary agreements shall only be deemed valid if confirmed in writing by OCAD Inc.

1.2 In addition to the terms and conditions listed here, the licensing terms enclosed with the respective OCAD editions shall apply. Opening the disk package or activating the software constitutes acceptance of the licensing terms. Subsequent return or exchange for a different product is not possible.

2. Offers and specifications

2.1 Offers made by OCAD Inc. shall always be without obligation and are subject to change.

2.2 All details concerning the OCAD editions received by the customer within the scope of this ordering process are without obligation. Minor deviations from the pictures or descriptions provided by us are possible. In particular, we reserve the right to make modifications that improve the functionality of OCAD; and to correct errors and omissions in descriptions, pictures and displayed prices excepted.

3. Software usage and warranty

The licensee shall use the software at his/her own risk. OCAD Inc. and/or its resellers make no guarantees as to the suitability, reliability, obtainability, accessibility and/or accuracy of the OCAD software; nor with regard to associated information, products and services. The OCAD software and the associated information, products and services are sold "as seen" without any guarantee whatsoever. OCAD Inc. and/or its resellers hereby exclude any and all guarantees and warranties associated herewith, provided that this is legally permissible.

In particular, OCAD Inc. does not warrant or guarantee that
a) the data you enter in OCAD will be stored correctly and be accessible at all times;
b) errors and defects will be eliminated by OCAD.

In no case shall OCAD Inc. and/or resellers be held liable for (a) any direct, indirect, incidental, or consequential damages or punitive compensation of damages, (b) any other damages of any kind, including, but not limited to, damages from loss of use, lost data, or lost profits, which may be incurred from, or be related in any way to, the use or the services of OCAD, the delay or inability to use OCAD, the provision of services or the fact that no services have been rendered, or for damages from information, software, IT hardware, products, or services that became accessible through OCAD, or for damages incurred otherwise through the use of OCAD, no matter whether this is based on the contract, offense, negligence, or another legal reason, even if OCAD Inc. and/or its resellers had been informed of the possibility of such damages. In particular, the liability for slight and gross negligence of auxiliary staff is excluded.

OCAD Inc. wishes to expressly point out that according to current technical standards, it is impossible to produce computer software that is completely free of defects under all conceivable conditions. Any warranty provided by OCAD Inc. shall relate to software that can be used strictly in accordance with the program description.
OCAD Inc. does not guarantee that the program functions meet the customer’s requirements or that they are suitable for a specific purpose. 
Unless guaranteed in writing, OCAD Inc. shall not accept any warranty for the compatibility of the delivered software with other programs or hardware components.
The fact that OCAD Inc. is acting in a capacity as a product service provider shall not give rise to any obligation or guarantee for solving or remedying problems associated with OCAD.

4. Exclusion of liability

4.1 If you are not satisfied with, or do not agree to any part of the OCAD terms of use or any provisions thereof, your only option is to stop using OCAD.

4.2 You alone are responsible for the quality, reliability, and correctness of the data you enter. OCAD may only be used to enter data that you are authorized to enter. A review of the contents is unacceptable for the Licensor and is therefore rejected.

4.3 The maximum amount of any reimbursements and damage compensations claims in the event of a court case is limited to the purchase price of the respective license.

4.4 Should the data you enter result in direct or indirect damage to OCAD Inc. and/or its service partners, you undertake to pay for the incurred damage.

5. Terms of delivery

The delivery will be processed immediately following receipt of the order. Delays during customs clearance may delay delivery. The goods are delivered at the customer’s expense and at his/her own risk.

 

6. Import and export

6.1 Import duties and taxes are levied by the customs authorities of the importing country. Depending on the country, these can be anywhere between 20-200% of the purchase price. The customer is responsible for paying import duties and taxes, as well as complying with import and export regulations of his/her respective country.

6.2 This software is subject to export restrictions which are to observed by the Licensee. In particular, the Licensee is not entitled to export this software to a country that is specified in an embargo list according to US laws, EU laws, and national laws. Information on the US embargo regulations is available under http://www.bxa.doc.gov.

 

7. Prices and terms of payment

Unless stated otherwise, all prices are quoted in Swiss francs (CHF) or Euros (€) excluding VAT, charges, customs and excise duties, transport, packaging, insurance, installation, commissioning, training and user support. Unless stated to the contrary on the invoice, net payment without deductions shall be due within thirty (30) days.

8. License Terms

OCAD Inc. (hereinafter also referred to as the "Licensor") licenses the enclosed OCAD software to you (the user/Licensee) exclusively on the basis of the software license terms outlined below. If you do not agree to these terms, you are not permitted to install or use the OCAD software. The OCAD software is not sold, but only licensed for utilization purposes.

 As far as OCAD software is used as a test version you are entitled to test the software for a maximum period of 21 days. A reinstallation or use of the test version after expiration of the test period is not admitted.

8.1 Granting of a License

8.1.1 You (a company or natural person), hereinafter also referred to as "Licensee", are entitled to use the software according to the number of purchased licenses (the number/type of the purchased licenses is specified in the invoice/license certificate, or an electronic confirmation you receive from OCAD Inc. or one of its authorized resellers) if and to the extent that you comply with the following terms. Moreover, you are entitled to make one (1) backup copy of the software, which must be marked as such.

8.1.2 The purchase of one license entitles a user (primary user) to install and use the software on one data processing unit, which may be a workstation or a laptop.
For schools, there is an exception to the above rules: If OCAD is installed in a classroom, it may be installed on an unlimited number of machines in the same classroom.

8.1.3 Moreover, the primary user is entitled to install and use the software on a second computer, if and insofar as this second computer is being used exclusively by the primary user.

8.1.4 A software copy is in use or deemed to be in use on a computer if the copy is loaded into the temporary memory (e.g., working memory, RAM) or installed on a permanent storage medium (hard disk, CD-ROM, DVD-ROM, or another permanent storage medium).

8.1.5 A single license may only be installed on a data processing unit that is not used as server.

8.1.6 Leasing or commercial resale of the software is not permitted.

8.1.7 The documentation may only be used within the scope of the normal contractual use of the software. Separate use or utilization of the documentation is expressly prohibited.

8.1.8 You are not permitted to transfer or sell your software license key without the approval of OCAD Inc. However, you are entitled to transfer the software (including all predecessor versions) permanently if you transfer all documentation and media, do not retain any copies, and make sure that this license agreement is applied. OCAD Inc. shall be informed by e-mail about the permanent transfer, specifying the recipient.

8.1.9 Due to obvious damage of the permanent volume on which OCAD was installed and activated, OCAD Inc. is able to apply an additional activation of OCAD. Therefore an e-mail containing the kind of damage, the license name and the license number of the affected OCAD license must be sent to OCAD Inc.

8.1.10 The software or parts of the software may not be copied, modified, compiled, de-compiled, or integrated in other programs without the express approval of OCAD Inc.

8.1.11 To use a product designated as an upgrade or update, the Licensee must be the holder of a full license for the product that OCAD Inc. designates as eligible for upgrade and update. After executing the upgrade or update, the Licensee is no longer entitled to use the product that constituted the basis for the upgrade or update eligibility (including the license) or transfer it to a third party.

8.1.12 Notwithstanding all other claims (e.g., damage compensation claims), OCAD Inc. has the right to terminate this license agreement with immediate effect, by serving a written notice to the Licensee and without observing any other notice period or sending any other notification in the event that the Licensee breaches the agreement to such an extent that OCAD Inc. cannot reasonably be expected to continue this license agreement, in particular if the Licensee

·         has committed a breach of his obligations under this agreement that is capable of remedy and does not remedy the situation within 30 days after having received a notification about this violation from OCAD Inc.;

·         has committed a breach of his obligations under this agreement that is incapable of remedy.

8.1.13 To facilitate the performance of this agreement and to enable technical support, the Licensee is obligated to register by e-mail or via the online registration form.


8.2. Term of the license

8.2.1 The license is granted for an unlimited term. For Products on subscription base the license is granted for the paid time frame.

8.2.2 If the Licensee violates a provision of this agreement, the license will automatically expire without notice of termination. In the event of termination, the Licensee shall destroy the software and all copies of the software.

8.2.3 The Licensee may terminate the license agreement at all times by destroying the software and all copies.

8.3 Copyright

8.3.1 The software enclosed with these license terms, including all components, especially the Java applets, Flash applets, and the documentation, are property of OCAD Inc. and are protected by national and international copyrights and other intellectual property rights. OCAD Inc. in Baar, Switzerland, is entitled to the rights resulting from the copyright.

In the event that there are any other license terms governing the use of the software, these shall be stated in a separate written software agreement that must be signed by OCAD Inc. or an authorized third party. These shall also constitute part of the agreement.

8.3.2 The software contains copyrighted material and operational secrets that the Licensee undertakes to protect.

8.3.3 The original software, as well as parts thereof, and the individual modules of the software shall not be transferred to third parties. This applies both to free transfer of the software and to sale or letting to third parties.

8.3.4 Every violation of the stated copyright is subject to prosecution under civil and criminal laws.

8.4 License violations

8.4.1 In the event of violations of the license agreements, the Licensor or an authorized agent of the Licensor shall be entitled to withdraw the license and declare it null and void.

8.4.2 In the event of violations of this license, the Licensor shall be entitled to promptly initiate legal steps. Moreover, the Licensor shall be entitled to claim compensation for incurred damages.

8.4.3 In case a license is withdrawn due to license violations, any payments made for purchased licenses will not be refunded.

9 Separate provision, provision changes and support

9.1 If you have concluded a separate agreement for the purchase of this software with the Licensor, the provisions of the respective agreement shall have priority over the provisions of these license terms.

9.2 Amendments and supplements to this license agreement must be made in writing. A waiver of the written form must also be made in this form.

9.3 Technical support for the installation and registration of the product is only provided free of charge via the Web site of OCAD Inc. If additional technical support is desired or requested and provided, this usually takes place on the basis of a separate written agreement, subject to charges. All information about consulting times, consulting modes, and terms and conditions is available on the Internet at www.ocad.com.

9.4 The manufacturer of the software is OCAD Inc. Mühlegasse36, 6340 Baar, Switzerland.

10 Data protection

You hereby expressly permit OCAD Inc. to collect and store data and information about you (e.g., name, address, and e-mail address) and use and process them at the company and affiliated companies. Please note that the collected data may be transferred to third parties that OCAD Inc. may engage to fulfill its contractual and non-contractual rights and obligations, for the purpose of fulfilling these rights and obligations. For example, such third parties may be resellers, supply companies, marketing representatives, and credit card companies.

11 Right of revocation

This contract may be cancelled without giving written grounds by returning goods in the original packaging and sealed volume within 10 days of their receipt by the intended recipient. Observation of the time limit is fulfilled by the timely return of the goods to the following address:

OCAD Inc.
Mühlegasse 36
6340 Baar
Switzerland

Send your return parcel properly stamped and with the original invoice (delivery note) included. Unstamped returns will not be accepted. We reserve the right to invoice for any costs arising from improperly returned goods.

12 Choice of law and legal venue

12.1 This agreement is governed by the laws of Switzerland, under exclusion of law of conflict and UN sales laws. The application of the latest valid version of the Convention for the International Sale of Goods (CISG) of April 11, 1980 is excluded.

12.2 In the event of legal disputes, the courts of Baar, Switzerland shall have jurisdiction. However, OCAD Inc. may also appeal to the court at the customer's domicile.

13 Validity

Should any of the above terms prove inoperative, this fact will have no effect on the overall effectiveness of the contract and these GTB.


Baar November 30th 2011

 

 

 

 
I accept your general terms and conditions as well as your conditions of delivery