1. General Information – Scope of validity
1.1 These general terms and conditions of business are applicable to our agreements regarding the sale of software. In particular, the subject matter of these agreements is not the installation and maintenance of software, unless agreed otherwise.
1.2 The following general terms and conditions of business are applicable to all agreements between us and the client. In each case, the version applicable at the time of concluding the agreement is authoritative.
1.3 Deviating, contradictory or supplementary general terms and conditions of business shall not become a valid part of the agreement, even if we are aware of these, unless we expressly consent to their validity in writing.
2. Conclusion of the agreement/Delivery
2.1 Our offers are subject to change without notice. The offer on our homepage is non–binding. We reserve the right to make changes. The agreement with the client shall be effected only by the declaration of acceptance by us (in electronic form or by e–mail as well) or by the provision of services.
2.2 With the order, the client declares his binding offer of agreement. We will immediately confirm receipt of the client's order. The client must check to see that the software specifications meet his goals and requirements before the agreement is concluded. He is conversant with the functional characteristics and specifications of the software.
2.3 The client shall be immediately informed if the software is not available or only partially available.
2.4 Unless agreed otherwise, the client is authorized to use the software on one (1) workstation and (1) Laptop Computer. The client has no claim to the transfer of the source code for the software.
2.5 We shall provide all deliverables and services using state–of–the–art technology.
2.6 Delivery or service deadlines specified shall not be binding unless we provide written commitment for the same.
2.7 The software may be obtained via downloads, or by physical delivery (on CD–ROMs or diskettes). Usage instructions and documentation are provided within the User Guide imbedded in the software.
3. Retention of title/Utilization rights
3.1 We shall retain the title to the software.
3.2 We are authorized to withdraw from the agreement and demand the return of the software if the client's conduct is contrary to the terms of the agreement, especially in the case of delay in payment. The client may also be obligated to delete the software and provide proof of having done so.
3.3 The software is legally protected. We are exclusively entitled to the copyright, patent rights, trademark rights and all other ancillary copyrights to the software. Any rights that a third party is entitled to have been procured by us.
The client may use the software supplied on licensed workstations for his own purposes (non–exclusive license). In addition, the client is permitted to make a backup copy. If the client changes the hardware installed, he is obligated to uninstall the software from the hardware swapped out.
Other acts of utilization and exploitation by the client are not permitted. In particular, there shall be no assignment whatsoever of additional copyright–protected utilization and exploitation rights to the software (such as leasing, hiring out, distribution etc.) and/or to the source code beyond the non–exclusive license.
3.4 The client is obligated to take appropriate measures to prevent unauthorized third party access to the software purchased. The client is not entitled to change or in any other way edit the software. Reverse engineering the transferred software into other forms of code (de–compiling) is likewise not permitted outside the limits set by § 69e UrhG1. Furthermore, changing or removing the so–called copyright note and/or copy protection and the like is prohibited.
4. Passage of risk
4.1 The risk of accidental loss and accidental deterioration of the software sold shall pass to the client upon delivery of the software.
4.2 Default of acceptance on the part of the client shall be equivalent to delivery.
5. Warranty
5.1 Legal warranty law on the sale of goods shall apply unless provided otherwise below.
5.2 It is pointed out that software errors cannot be ruled out under all conditions of use given the state of the technology. The quality of the software is standard for software of this kind and is as agreed upon. The software meets the requirements for ordinary use as set out in the agreement. It is, however, not error–free, which is normal. A functional impairment of the software resulting from hardware defects, environmental conditions, faulty operations etc. is not a defect.
5.3 Public statements regarding technical data, specifications and performance figures, especially in advertising, are not a specification of the quality of the software.
5.4 The warranty is valid for one (1) year from the date of delivery.
5.5 Our warranty does not cover defects caused by external factors or by non–compliance with conditions of utilization. The warranty becomes void if the client modifies the software himself or has it modified by a third–party without our permission.
6. Liability
6.1 We are liable to the following extent only, regardless of the legal ground:
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The liability for intention and breach of guarantee is unlimited.
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In case of gross negligence and negligent breach of a substantial duty (cardinal duty), we are liable only to the extent of the typical damages foreseeable at the time of concluding the agreement.
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We are not liable for slightly negligent breaches of negligible contractual duties.
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We are not liable for the loss of data and/or programs, databases etc. through the installation of the software, especially if the loss is due to the client's omission to use anti–virus software or implement backup strategies to ensure the restoration of lost data. The plea of comparative negligence on the part of the client remains open to us.
6.2 The limitations on liability apply in favor of our vicarious agents as well.
6.3 The limitations on liability do not apply to claims arising out of product liability and to personal injury, injury to health or loss of life attributable to us. Statutory regulations shall apply in these cases.
6.4 In any case, liability shall be restricted to a maximum of twice the purchase price.
6.5 We are not responsible for the third party contents of any websites to which we provide access via links. We do not adopt the third–part contents. We will immediately disable links to any external sites if it comes to our notice that their contents are unlawful.
6.6 War, civil war, export restrictions and trade restrictions due to a change in political circumstances as well as strikes, lockouts, operational disturbances, reduction of operations and other such events that make the performance of the agreement by us impossible or unreasonable shall be considered as force majeure and shall release us from the performance of the agreement for the duration of their occurrence. The parties to the agreement are obligated to inform each other about these events and to adjust their obligations to the changed circumstances in good faith.
7. Data protection
The client explicitly consents to the gathering, processing and use of personal data for the purpose of executing the order. The relevant statutory data protection regulations shall be complied with.
8. Final provisions
8.1 Should a term be or become invalid, the remaining terms shall remain valid. The ineffective term shall be replaced by an effective term coming closest to the ineffective term in the economic sense.
8.2 Amendments and supplements to these general terms and conditions of business are effective only if confirmed in writing by us. This applies to the amendment and revocation of this written form requirement as well.
8.3 Nevada State law shall apply exclusively to all legal relations between the client and us.
8.4 The place of jurisdiction is the State of Nevada, Clark County, USA.
We're convinced that our customers are interested in making a well-informed purchase decision. Therefore, we encourage you to explore the product pages of our website and to view the product demo prior to making a purchase decision to obtain comprehensive information about our product and insure that our product meets your needs.
Because of these qualities, we believe that it is up to the customer to make responsible purchases.
We're sorry, but we cannot give a refund for the following reasons:
You have chosen the wrong product during the purchase process.
You have bought the wrong version for your operating system.
Your computer doesn't meet minimum system requirements.
You have changed your mind after you purchased the product.
NOTE: Charge backs to credit cards or stop payments on checks as a means to "return" software will be construed as a fraud and prosecuted to the fullest extent of the law.
Software applications are non-tangible irrevocable goods; we operate a strict refund policy. Why is this policy imposed?
We take the creation and support of software extremely seriously. It is our intention to provide a quality product. We have state-of-the-art support staff to provide product support.
Packaged Software Returns:
In keeping with software industry standards, we will gladly accept returns of packaged Software within 30 days of purchase in an
unopened package only.
For Software returns (packaged versions only), simply indicate the reason for your return on a piece of paper, along with your full name, address, e-mail address, and phone number. Wrap this paper securely with the unopened packaging. Send the package to the following address:
CK Systemz, LLC
Attn: Returns Manager
1000 N. Green Valley Pkwy, Suite 440, #386
Henderson, Nevada 89074
We will make a full refund (less any applicable shipping and handling costs) once we have received and processed the returned item.
Software Downloaded and Purchased Online
Software downloaded and purchased online through our website is
considered opened at the time the Registration Key is purchased. Downloaded Software includes Software that has been transferred or copied to a computer, calculator, or system via e-mail, a link cable (such as a USB cable), or any other method.
Refunds for Software downloaded and purchased online are not available once the purchase process has been completed. All online purchases are final and refunds are provided only for accidental duplicate orders.
If you purchase our product online, after your payment has cleared you will receive an installation key with the purchase code to activate the software. Once this installation key has been delivered to you, no refunds will be given. The product is considered delivered once the company’s server has sent the Installation Key to the designated email address of the purchaser and at that point the purchase is considered final. We have this policy since it would be impossible for you to return your purchased version of our software.
SPAM – The installation key is delivered via email. Please be sure that your email account can receive email of this nature and if the key is delivered to you and falls into your SPAM, you are responsible for rectifying this situation so that you can have access to your purchase. We will do everything possible through our support ticket system to make your Installation Key available to you. Once the Installation Key is released to you via email, it is considered “delivered” and the company has no recourse to recover the software from the purchaser.
Support
Packaged Software that has been opened or Software downloaded and purchased online, is (1) provided with free ticket system support through the web site and (2) may only be replaced with identical Software or media within 30 days of purchase.
Online Help
For Software replacement instructions, simply go to support and request a software ticket at
www.cksystemz.com.
Acceptance of these Terms and Conditions/Refund Policy
It is your responsibility to familiarize yourself with this Terms and Conditions/Refund policy. By placing an order for our product, you indicate that you have read this policy and that you agree with and fully accept the terms of this policy.
If you do not agree with or fully accept the terms of this policy, we ask that you do not place an order with us.
Please send any questions regarding our policy via our support ticket system at
www.cksystemz.com.
