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General Terms and Conditions

1.) Subject of use

Due to the effective conclusion of the contract, VAPdesign grants the user the non-exclusive authorization for the intended use of the ordered software and / or the ordered or included data. Program modules and data are protected by copyright and may only be used by the user against payment of a license fee (conclusion of contract) for their own use. Own use includes projects or tasks for which the user, as a planner, controller or performer, is wholly or partially responsible or for which he has been commissioned to work on it. Multiple use on multiple servers and / or for other projects require additional licenses. The ordered software will be delivered in the form of original data carriers or via link for download. The supplied data must be checked by the user during use and adapted to the project conditions. The use of the supplied software extends in each case to the business case defined at the conclusion of the contract, unless expressly agreed otherwise. The authorization also includes the production of a backup copy of the original data medium or the right to copy the data carriers to the hard disk for backup purposes.

2.) Copyright of the Software and the Data

Unless otherwise agreed in writing, this is a simple, non-limited, non-transferable, non-cancellable, non-sublicensable license to use the software solution offered in the hardware and software environment (server) agreed with VAPdesign. Besides the granted simple usage grant, VAPdesign reserves all rights. In particular, programs, program parts, copyrighted data and / or the accompanying documentation may not be reproduced, published or made available to third parties without the consent of VAPdesign. Excluded are backup copies for your own use. The granted use license is not transferable without the express written consent of VAPdesign. The user is not entitled to reverse engineer, decompile or modify the software in any way whatsoever. The user is not entitled to rent, lease or transfer the software and / or data to third parties. The user is not entitled to change, edit, sell, rent or otherwise transfer the supplied software for use. Third parties are also companies in which the purchaser participates directly or indirectly. According to the purpose transfer rule, VAPdesign collectively grants the right of use only to the extent absolutely necessary for the purpose of the contract.

3.) Service life

The license for use is granted indefinitely and begins with the effective conclusion of the contract.

4.) Warranty

Any defects in the delivered software or data are to be reported as soon as possible, whereby the user has to participate in the determination of the exact source of error (esp. Through protocols, screenshots, etc.). A breach of the obligation to cooperate leads to the loss of the warranty claim. Recoverable defects are primarily remedied by replacing the defective program parts or data. The warranty period is 6 months, whereby the proof of the defect lies with the user. In the case of an ongoing maintenance contract, the warranty period is extended (see below). For software parts or data that was not developed by VAPdesign (purchased components), VAPdesign does not assume any warranty. The liability for the correctness of the data lies with the publisher of the data, the controls and examinations by VAPdesign do not justify joint liability.

5.) Maintenance

When a software maintenance contract is concluded with VAPdesign, the warranty period is extended to a total of 12 months, and the user receives every new software update of the same major version during this period free of charge. Excepted from this free of charge regulation are chargeable additional modules, chargeable extended functions, chargeable developments in the underlying e-commerce platform and other fee-based customizing work, which will be activated and / or carried out if necessary against payment.

6.) Liability

Apart from personal injury, we are only liable if at least gross negligence is proven to us by the injured party. Claims for compensation become statute-barred after 6 months from knowledge of the damage and the damaging party, however, at least 3 years after the performance of our service. Under no circumstances will VAPdesign be liable for any errors, malfunctions or damage resulting from improper or illegal use of the software supplied. The user undertakes to secure his data by means of corresponding backup copies and periodic duplicate copies.

7.) Retention of title, Lien, Jurisdiction

The goods and the associated rights of use remain the property of VAPdesign until full payment of the purchase price and all associated costs and expenses. The user is not entitled to withhold payments due to incomplete total delivery, or warranty claims or complaints or to offset other claims. A resale is only permitted if we have been informed of this in good time, quoting the name or the company and the exact (business) address of the buyer and we agree to the sale. In the case of our consent, the purchase price claim is already deemed assigned to us and we are always authorized to inform the third party debtor of this assignment. In case of default, we are entitled to assert our rights under the reservation of title. It is agreed that the assertion of the reservation of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract. For any disputes arising from this contract is exclusively Austrian law and the jurisdiction Graz agreed. The UN Sales Convention is excluded, the provisions of the UN Sales Convention are not applicable.

VAPdesign - E-BUSINESS INDIVIDUAL SOLUTIONS: Your partner for bespoke business software development exactly tailored to your business: marketplace systems & trading platforms, crowdinvesting solutions & crowdfunding platforms, e-commerce, e-collaboration, e-procurement, public relations- & public affairs solutions database design and system integration. VAPdesign is your software architect. We plan and develop individual software and implement them with optimal technologies and methods. Together with you, VAPdesign draws up tailor-made individual software based on your specifications, which is tailored precisely to your requirements and wishes. For e-business solutions VAPdesign uses the HTML5, JavaScript / jQuery, CSS3 and ASP.NET technologies. As a relational database management system, VAPdesign uses only Microsoft SQL Server: VAPdesign creates intelligent, business-critical applications based on SQL Server with a scalable hybrid database platform that integrates everything from in-memory performance and enhanced security to the analysis of large amounts of data directly in the database. VAPdesign can give you a wealth of options to make your workflow more efficient. Use the know-how of VAPdesign and have VAPdesign develop a customized web application. So you can easily capture your data, evaluate and make it accessible to different groups of people.