Table of Contents

1. Scope
2. Subject of the contract
3. Conclusion of contract
4. Cancellation right
5. Compensation
6. Delivery of the software
7. Granting of usage rights
8. Obligations to cooperate of the licensee
9. Liability for defects
10. Applicable Law
11. Place of jurisdiction
12. Alternative dispute settlement

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of Thorsten Sass, acting under "Sass Projects" (hereinafter "Licensor"), apply to all contracts that a consumer or entrepreneur (hereinafter "Licensee") with the licensor with regard to the licensor concludes software products (hereinafter "software") displayed in its online shop. The inclusion of the licensee's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.

2) Subject of the contract

2.1 The subject of the contract is the provision of the software offered by the licensor to the licensee in electronic form, with the granting of certain rights of use that are more precisely regulated in these terms and conditions.

2.2 The licensee does not acquire any intellectual property in the software. The source code of the software is not part of the provided software.

2.3 The respective product description in the online shop of the licensor is decisive for the quality of the software provided by the licensor. The licensor does not owe any further quality of the software.

2.4 Installation is not part of the contract. In this respect, the licensor refers to the installation instructions. This also applies in particular to the hardware and software environment in which the software is used.

2.5 Unless otherwise stated in the licensor's product description, the licensee does not receive any additional support services such as updates to the software version purchased or individual application support from the licensor.

3) Conclusion of contract

3.1 The software products described in the online shop of the licensor do not represent binding offers on the part of the licensor, but serve for the submission of a binding offer by the licensee.

3.2 The licensee can submit the offer using the online order form integrated in the licensor's online shop. After placing the selected software in the virtual shopping cart and going through the electronic ordering process, the licensee submits a legally binding contract offer for the software contained in the shopping cart by clicking the button that concludes the ordering process.

3.3 The licensor can accept the licensee's offer within five days,

• by sending the licensee a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the licensee is decisive, or
• by leaving the ordered software to the licensee, whereby access by the licensee is decisive, or
• by asking the licensee to pay after submitting his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the licensor does not accept the licensee's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the licensee is no longer bound by his declaration of intent.

3.4 If you choose a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the licensee does not have a PayPal account - under the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the licensee pays using a payment method offered by PayPal that can be selected in the online ordering process, the licensor already declares the acceptance of the licensee's offer at the point in time at which the licensee clicks the button that concludes the ordering process.

3.5 The period for accepting the offer begins on the day after the offer is sent by the licensee and ends at the end of the fifth day following the sending of the offer.

3.6 When submitting an offer via the licensor's online order form, the text of the contract will be saved by the licensor after the contract has been concluded and sent to the licensee in text form (e.g. email, fax or letter) after his order has been sent. The licensor does not make the text of the contract accessible beyond this. If the licensee has set up a user account in the licensor's online shop before submitting his order, the order data will be archived on the licensor's website and can be accessed free of charge by the licensee via his password-protected user account by providing the corresponding login data.

3.7 Before the binding submission of the order via the online order form of the licensor, the licensee can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The licensee can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

3.8 Only german and english is available for the conclusion of the contract.

3.9 The order processing and contact usually take place via email and automated order processing. The licensee must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the licensor can be received at this address. In particular, when using SPAM filters, the licensee must ensure that all e-mails sent by the licensor can be delivered.

4) Cancellation right

Consumers generally have a right of withdrawal. More detailed information on the right of cancellation can be found in the licensor's cancellation policy.

5) Compensation

5.1 For the provision of the software with the granting of the necessary rights of use, the licensor receives a flat-rate license fee, the amount of which can be found in the respective product description.

5.2 The prices given by the licensor are total prices and include the statutory sales tax.

5.3 In the case of payments in countries outside the European Union, additional costs may arise for which the licensor is not responsible and which are to be borne by the licensee. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).

5.4 Various payment options are available to the licensee, which are specified in the licensor's online shop.

6) Delivery of the software

6.1 The licensor effects the delivery by making a digital copy of the software available to the licensee to download from the Internet. For this purpose, the licensor provides the licensee with a link by email, via which the licensee can initiate the download of the digital copy and save the copy at a storage location of his choice.

6.2 The point in time at which the software is made available on the network and the licensee is informed of this is decisive for compliance with any delivery dates.

7) Granting of usage rights

7.1 The licensor grants the licensee a simple, unlimited, transferable right to use the software in the agreed hardware and software environment for private and / or business purposes.

7.2 The licensee is not granted editing rights.

7.3 Renting out the software is not permitted.

7.4 The licensee is prohibited from removing and / or changing any existing copy protection.

7.5 The licensee undertakes to take appropriate technical and organizational measures to ensure that the software is used as intended.

7.6 The licensee is entitled to make a copy of the software for backup purposes. The reproductions of the software for a proper data backup are part of the intended use.

7.7 If the licensee exercises his right to transfer the rights of use to a third party, he has to impose his contractual obligations on the third party. With the transfer, the license holder's rights of use expire. All existing copies of the software must be deleted.

7.8 The granting of rights only becomes effective in accordance with Section 158 (1) of the German Civil Code (BGB) when the licensee has paid the remuneration due in full.

7.9 If the licensee seriously violates the agreed rights of use, the licensor can extraordinarily terminate the granting of the rights of use to the software concerned. This requires an unsuccessful warning with an appropriate deadline by the licensor.

7.10 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 writing on request.

7.11 The other legal and contractual regulations remain unaffected.

8) Obligations to cooperate of the licensee

8.1 The licensee has to inform himself about the essential functional features of the software and bears the risk of whether it corresponds to his wishes and needs. The establishment of a functional and adequately dimensioned hardware and software environment for the software, also taking into account the additional load caused by the software, is the sole responsibility of the licensee.

8.2 The licensee must observe the instructions given by the licensor for the installation and operation of the software.

8.3 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. through daily data backup, fault diagnosis, regular checking of the data processing results) and to make a suitable backup of his data before installing the software.

9) Liability for defects

If the software is defective, the provisions of statutory liability for defects apply.

10) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

11) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or a special fund under public law with headquarters in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the business location of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.

12) Alternative dispute settlement

12.1 The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The licensor is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.