General Terms and Conditions

Preamble

(1) The following terms and conditions apply to all contracts with Papoo Software & Media GmbH, Auguststr. 4, 53229 Bonn (hereinafter referred to as "Papoo Software"). Insofar as the Customer is a merchant within the meaning of the German Commercial Code (HGB), i.e. operates a commercial business, they shall also apply to all future business relations, even if they are not expressly agreed again. The nature and scope of the services owed in each case shall be agreed in the respective offers or individual agreements.

(2) Deviations from these Terms and Conditions shall only be effective if confirmed in writing by Papoo Software. Employees of Papoo Software are not authorized to make verbal collateral agreements or give verbal assurances that go beyond the content of the respective contract, including these Terms and Conditions.

(3) A consumer within the meaning of these General Terms and Conditions is a natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions of Business is any natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its independent professional or commercial activity.

(4) For the sake of clarity, the General Terms and Conditions are divided into three parts: Part I. deals with the use of software purchased via the website ccm19.de, Part II. contains the license terms (EndUser License Agreement) for the use of the software and Part III. provides generally applicable explanations and conditions for the use and maintenance of the software.

Part I.

Note: The following terms and conditions also contain statutory information on your rights in accordance with the provisions on distance contracts and electronic commerce.

§ 1 General

(1) The following terms and conditions apply to the purchase and rental of software of any type and content from Papoo Software, primarily but not exclusively via the website ccm19.de.

(2) Papoo Software grants the Customer access to the ordered software via download, agency version or cloud version. The details of the service of the respective package and the duration of the access grant are bindingly presented in the item description.

(3) The customer shall be notified in writing or by e-mail of any changes to these terms and conditions that do not substantially modify the contract. If the customer does not object to these changes within four weeks of receipt of the notification, the changes shall be deemed to have been accepted by the customer. The customer shall be informed separately of the right of objection and the legal consequences of remaining silent in the event of changes to the terms and conditions. Significant changes to the contract can only be agreed by the conclusion of a new contract between the parties.

§ 2 Contractual partner

A contract is concluded with Papoo Software & Media GmbH, Auguststr. 4, 53229 Bonn, represented by the managing director Dr. Carsten Euwens.

§ 3 Order process

You place an order in the following steps:

Place items in the shopping cart for booking
click on "pay now
log in as an already registered customer with your user name and password or register as a new customer by entering your delivery and billing address
select the payment method
take note of our general terms and conditions and the cancellation policy and confirm this
additionally confirm that you expressly instruct us to commence performance of the contract before expiry of the withdrawal period
confirm the accuracy of your details by clicking on the "Order with obligation to pay" button at the end.

§ 4 Offer and conclusion of contract

(1) Your order represents a binding offer to us to conclude a contract with the selected content and the specified term. By placing an order, you make a binding declaration that you wish to purchase the item ordered.

(2) You will receive a copy of the order data with the order confirmation e-mail, which you can save. This confirmation of receipt expressly does not constitute acceptance of your offer.

(3) A contract that is binding for Papoo Software is only concluded when we accept your binding order by providing the purchased item or by confirming acceptance in text form by sending you a separate message. A notification on your order will be sent within five working days of receipt of the order at the latest.

(4) Notwithstanding the above, in the case of an order with the payment method prepayment, a contract is already concluded when the request for payment is sent. The request for payment will be sent within five working days of receipt of your order at the latest.

(5) The contract is concluded exclusively in German.

§ 5 Correction of input errors/saving of the contract text

(1) You can correct the contractual declaration submitted by you as part of the order at any time before sending it by clicking on the respective button. However, it is no longer possible to make corrections once the order has been sent.

(2) Your order data will be stored by us until the contract has been fully processed. If you lose your order documents, please contact us by e-mail. We will be happy to send you a copy of your order data as long as your contract has not yet been fully processed. Once the contract has been fully processed, we will delete the order data subject to the statutory retention periods and can no longer make it available.

§ 6 Right of withdrawal

(1) The statutory right of withdrawal for consumers when purchasing or renting digital content expires when we have started to execute the contract after you have expressly agreed that we may start to execute the contract before the expiry of the withdrawal period and have confirmed your knowledge that you lose your right of withdrawal by giving your consent at the beginning of the execution of the contract.

(2) In the case of services, the right of withdrawal for consumers shall expire if we have provided the service in full and you have given your prior consent to the start of performance of the service before the expiry of the withdrawal period.

§ 7 Rights of use

(1) When using software, the Customer shall be granted a non-exclusive, non-transferable right to access the software provided by Papoo Software for the duration of the respective contract, limited in time to the term of the contract.

(2) The right of use shall be limited to the respective agreed term and shall lapse without further legal action after the end of the term or termination of the contract for whatever reason. The right of use is not transferable, not even within the group, unless the customer has acquired an agency license or other individual licensing has been agreed.

(3) The link to the manufacturer in the Consent Banners may not be removed, changed, hidden or rendered inoperable without an additional license.

§ 8 Prohibition of transfer

The customer may not make available, transfer, sell, rent, lease or lend the right of use or the software as such to third parties.

§ 9 Term / Duration of the contract / Sliding tariffs

(1) Papoo Software offers the Customer different terms of use contracts. Irrespective of the selected term, the respective contract shall be extended for an indefinite period after the expiry of the first term, unless it is terminated by one of the parties with one month's notice to the end of the original contract term. Termination after renewal of the contract is then always permissible with one month's notice for both parties.

(2) The right to terminate the contract without notice remains unaffected by this.

(3) If the customer achieves more than the number of calls of the software on his Internet presence selected in the respective tariff, the customer can agree to an upgrade to the next higher tariff, so that a changeover is carried out without a further order (sliding tariff).

§ 10 Prices and agency version

(1) The prices stated on the product pages are gross prices including statutory VAT and all other price components.

(2) The software is made available exclusively via download. The dispatch of a data carrier is excluded.

(3) If the customer is an entrepreneur within the meaning of the preamble, the following download procedure shall apply: After receipt of payment, the customer shall be provided with the activation code for downloading the purchased content. Paragraph 2 shall apply accordingly with regard to the type of delivery. The customer can either pass on the activation code to the end user, in which case the end user must register when entering the activation code before the download process begins and agree to the license terms of the software. Alternatively, the Customer can also carry out the download for the end user himself, but this requires that the Customer enters the name and address of the end user during the registration process, agrees to the license terms and simultaneously informs Papoo Software that he is carrying out the download for the end user. In both cases, a contract is concluded exclusively between Papoo Software and the Customer. In particular, the end user does not become a contractual partner by downloading the content, but merely an authorized user.

§ 11 Payment

(1) Payment shall be made at the Customer's option by invoice, direct debit, Paypal or credit card and in advance. In the case of payment by credit card, your card will be charged immediately after the payment transaction. In the case of payment by direct debit, your card will be debited immediately. If you select the invoice payment method, the invoice amount must be received by Papoo Software within five working days. In the event of a later payment, the banner will be deactivated after these five working days. Reactivation is only possible after receipt of payment, which does not change the originally agreed contract period. If the PayPal payment method is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. PayPal is the online payment service that allows you to pay for your purchases quickly and easily. Please find out more about opening an account with PayPal on the Internet at: www.paypal.de.

(2) After successful payment, we will provide you with the license key and the program download for the purchased item within a few minutes.

§ 12 Warranty

(1) The statutory warranty rights apply to all download content provided.

(2) The customer may not enforce a reduction by deducting the agreed usage fee. Corresponding claims for enrichment or damages remain unaffected. The customer's right of termination for failure to grant use in accordance with Section 543 (2) sentence 1 no. 1 BGB is excluded, unless the repair or replacement delivery is deemed to have failed.

(3) If the customer is an entrepreneur within the meaning of the preamble, the following shall also apply:

(a) In the event of a defect in the delivered content, we shall have the choice of whether to remedy the defect by providing new software, a new program version or by bug fixing. If we offer the customer a new program version in which the identified defect does not occur, the defect shall also be deemed to have been remedied if the new program version has minor deviations in functionality or interface from the original version and the deviations are reasonable for the customer.

b) Obvious defects must be reported to us in writing within a period of five working days from receipt of the activation code, otherwise the assertion of a warranty claim in respect of such defects is excluded. Timely dispatch shall suffice to meet the deadline. The customer, who is an entrepreneur, shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.

c) The limitation period for warranty claims is one year from the date of activation. This does not affect any claims for damages arising from injury to life, body or health which are based on an intentional or negligent breach of duty by us or our legal representatives or vicarious agents as well as claims for other damages due to intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents.

§ Section 13 Liability

(1) The strict liability of Papoo Software for errors already existing at the time of conclusion of the contract in accordance with § 536 a paragraph 1 of the German Civil Code is expressly excluded. In all other respects, the following limitation of liability shall apply in principle and also to all additional or follow-up contracts such as AVV or others:

(2) Papoo Software shall be liable without limitation in accordance with the statutory provisions for damages to life, body and health based on negligent or intentional breaches of duty on the part of Papoo Software, its legal representatives or vicarious agents, as well as for damages covered by liability under the Product Liability Act. For damages that are not covered by sentence 1 and that are based on willful or grossly negligent breaches of contract and fraudulent intent, Papoo Software shall be liable in accordance with the statutory provisions. Papoo Software shall only be liable for damages that are based on the absence of a guaranteed quality but do not occur directly in the Software if the risk of such damage is clearly covered by the quality guarantee.

(3) Papoo Software shall also be liable for damages caused by simple negligence, insofar as the resulting damages are based on the violation of rights which are to be granted to the Customer according to the content and purpose of the contract and/or on the violation of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely (cardinal obligations). In this case, compensation shall be limited to the greater of the following amounts: o the fee for the software that caused the damage or is directly related to it. The fee applicable at the time the claim arises shall be decisive. o In the case of maintenance contracts, the amount of compensation shall be limited to the average annual/monthly fee.

(4) Any further liability is excluded regardless of the legal nature of the claim asserted. Compensation for consequential damages, financial losses, loss of profit, unrealized savings, loss of interest and damages from third-party claims, including from the title of product liability against the client, is excluded in any case. Liability for the destruction of data or software shall only be assumed, irrespective of the reason for liability, if the Customer has fulfilled its obligations for the proper operation of a data center (e.g. documented data backup and outsourcing in at least three generations). This shall also apply if Papoo Software has previously been advised of the possibility of such damage. Papoo Software shall not be liable to the Customer for any damage in connection with or as a consequence of the results of the use of the Software. The Customer and its employees remain responsible for checking the results obtained with the Software. Papoo Software's liability is limited to the correction of errors and defects in the purchased software in accordance with the provisions of the contract. The Customer shall be solely responsible for checking the input of the data for the Software and the resulting output data and shall indemnify Papoo Software in the event of claims for damages based on the use of the programs or the data obtained with them. Papoo Software is also not liable for damage or loss of data due to failures or errors of the web server (including PHP and MySQL) on which the software runs or due to errors in the browser software used and its guest system.

§ 14 Cloud Version and Service Level Agreement

(1) Papoo Software shall make the Software provided to the Customer available, inter alia, by way of provision via a data center rented by Papoo Software (Cloud Version). The Customer can operate the Software via a standard web browser. The connection is made via the Internet. The data center is connected to the Internet via several independent connections and has an emergency power supply and other standard features such as access controls and water-free extinguishing equipment. The server clusters are equipped with redundant hard disks on which the data is mirrored. This prevents data loss due to failure of a hard disk and operation can be maintained if a hard disk fails.

(2) The services of Papoo Software under this contract are limited to the data communication between the transfer point of the own data communication network operated by Papoo Software and the server provided for the Customer. It is not possible for Papoo Software to influence data traffic outside its own communications network. Successful forwarding of information from or to the computer requesting the content is therefore not owed in this respect.

(3) Papoo Software shall provide the aforementioned services with an overall availability of 99.5% on an annual average. The availability is calculated on the basis of the time allotted to the respective calendar month in the contractual period minus the maintenance times. Papoo Software is entitled to carry out maintenance work on Tuesdays and Thursdays between 06:00 and 10:00 a.m. for a maximum of 10 hours per calendar month. During maintenance work, the aforementioned services may be temporarily unavailable under certain circumstances. For unplanned maintenance work on the system that goes beyond this, maintenance windows within the support times will be proposed to the customer if availability could be impaired during the upcoming maintenance work. The Customer will be informed of such unscheduled maintenance work as early as possible. Papoo Software reserves the right to carry out such a maintenance measure without consulting the Customer if the urgency of the maintenance measure requires this, for example because a critical security gap in a software package must be closed by installing an update and the security and integrity of the system would otherwise be jeopardized.

§ 15 Retention of title:

The Software shall always remain the property of Papoo Software. Irrespective of the term, the Customer only acquires a temporary right of use.

§ 16 References

Papoo Software may name the Customer as a reference customer for advertising purposes, even when using a white label. This also applies if the Customer uses CCM19 for its own customers, these sites may also be named as CCM19 reference customers, even when using a white label. Papoo Software has the right to name the Customer on its websites, in social media channels, in press releases, in print projects, in the context of presentations or in other media, unless the Customer expressly prohibits this in writing, and to use the Customer's logo and or screenshots of the respective website on which the CCM19 banner is used.

§ 17 Final provisions

(1) The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, unless the protection afforded by mandatory provisions of the law of the country in which the Customer, who is a consumer, has his habitual residence is withdrawn.

(2) In the case of contracts with merchants, i.e. customers who operate a commercial business or are classified as merchants for other legal reasons in the German Commercial Code, as well as with legal entities under public law, Bonn shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

(3) Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.

Part II.

EndUser License Agreement (EULA)

Preamble

Papoo Software is the owner of the license rights and marketing rights to the software "CCM19" and any individual modules and the associated documentation. The Customer is the user of the software and thus the owner of the associated rights of use, which are listed below.

§ 1 Subject matter of the contract

The subject matter of this contract is the temporary transfer of the software provided by Papoo Software in the version ordered and the granting of a right to use this software under the terms of this contract.

Papoo Software shall provide the programs in machine-readable form with the user documentation. The documentation is supplied as a machine-readable document. Use of the software is only possible after acceptance of the provisions of this user agreement. By using the software, the customer expressly declares that he has read and accepted this user agreement.

§ 2 Rights of use

Papoo Software grants the Customer the non-transferable, personal and non-exclusive right to use the Software provided by Papoo Software and the user documentation belonging to this Software in accordance with the terms of this Agreement for the duration of the respective term of the Agreement. The Customer is not authorized to permit third parties to use the Software. The Customer shall be responsible for the use of the Software and for the results achieved with it. The customer is also responsible for the selection and use of other software, hardware and services in connection with the contractual software, i.e. the customer himself must ensure the necessary compatibility.

If the customer acquires an agency license, this entitles him, notwithstanding the above, to also use the software with his customers. The software may only be used by a maximum number of users equal to the number of licenses. The customer is not entitled to pass on the agency license as such, but only to install and operate individual licenses on the systems of its customers. Furthermore, the Customer is obliged to hand over these GTC to its customers for their information and the Customer's customer undertakes to use the licenses only in accordance with these GTC and the other conditions of Papoo Software.

§ 3 Scope of the right of use

Use is understood to mean the loading and execution of the program from servers in the system environment currently supported by Papoo Software as well as the use for solving tasks. The Customer may only modify and edit the software for his own use, but may not reproduce it (with the exception of making a backup copy) and may not make the source code available to third parties. He may not use the program to create identical or essentially similar software. The above shall apply in the case of the purchase of an agency license with the proviso that the customer must impose the restriction of use on its customers.

§ 4 Rights to the software

The Customer acknowledges that he is not entitled to any rights to the Software other than those agreed in this Agreement and that all other rights, in particular all rights of use and disposal of the Software, belong exclusively to Papoo Software.

§ 5 Warranty

(1) If the Customer is a consumer, the statutory provisions on liability for defects shall apply.

(2) If the Customer is an entrepreneur, the following shall apply: Papoo Software draws attention to the fact that, given the state of the art, it is not possible to create software in such a way that error-free operation can be guaranteed in all applications and combinations. However, Papoo Software guarantees that it is constantly working to improve the Software and is grateful for any error messages. Papoo Software warrants that the Software can be used in accordance with the currently released documentation and in the current system environment and that it essentially fulfills the functions specified therein. A defect shall only be deemed to exist if the subject matter of the contract does not comply with the generally known documentation valid at the time of downloading the subject matter of the contract, although the subject matter of the contract is used under the known conditions of use.

If the Customer is an entrepreneur, the warranty is limited to 12 months after delivery of the Software, unless a separate contract has been concluded for further maintenance of the Software. Papoo Software will either replace software for which a defect within the meaning of the above point is reported within 12 months of its installation with a defect-free copy or remedy the defect, provided that:

the software has always been used properly and in accordance with the instructions,
the Software has not been edited, further developed or linked with other software, except via the freely available interfaces,
the defect complained of is reproducible at Papoo Software;
the system environment specified in the current documentation is sufficiently configured (e.g. operating system, PHP/MySQL versions).

Papoo Software does not warrant that all program errors can be eliminated; furthermore, Papoo Software shall not be liable for errors, malfunctions or damage caused by improper operation. Papoo Software is not liable for errors or damage caused by errors in the server operating system or in the browsers used to operate the software.

It is expressly noted in this context that no warranty or compensation will be provided for errors that occur as a result of changes or adaptations to the program by the customer himself. If the Customer suspects a defect in the software that is covered by the warranty, he must inform Papoo Software immediately and send it a precise description of the error. Papoo Software shall analyze the information provided by the Customer and make the necessary corrections to the Software or take such other measures as it deems appropriate to avoid and/or prevent such defects in the Software.

If Papoo Software determines that suspected errors in the Software are not defects covered by the warranty, that they are due to input errors or improper use of the Software or that they are caused by the hardware, Papoo Software may charge a reasonable fee for the personnel and computer time used to investigate the suspected errors and the associated expenses. The Customer shall reimburse these at the currently valid rates, unless individual rates have been agreed.

§ 6 Requirements for using the software

The customer guarantees the following technical requirements for the installation, trouble-free operation and use of the software.

Web server with PHP version 7.2 or higher, a MOngoDB database version 4.0 or higher, e-mail system. Use of the software via web browser: Firefox version 90.0 or higher, Chrome version 90.0 or higher, Internet Explorer Edge version with Chrome Engine or higher in each case with JavaScript enabled.

§ 7 Liability

The strict liability of Papoo Software for errors already existing at the time of conclusion of the contract in accordance with § 536 a paragraph 1 of the German Civil Code is expressly excluded. In all other respects, the following limitation of liability shall apply:

(2) Papoo Software shall be liable without limitation in accordance with the statutory provisions for damages to life, body and health resulting from negligent or intentional breaches of duty on the part of Papoo Software, its legal representatives or vicarious agents, as well as for damages covered by liability under the Product Liability Act. For damages that are not covered by sentence 1 and that are based on willful or grossly negligent breaches of contract and fraudulent intent, Papoo Software shall be liable in accordance with the statutory provisions. Papoo Software shall only be liable for damages that are based on the absence of a guaranteed quality but do not occur directly in the Software if the risk of such damage is clearly covered by the quality guarantee.

(3) Papoo Software shall also be liable for damages caused by simple negligence insofar as the resulting damages are based on the violation of rights that are to be granted to the Customer according to the content and purpose of the contract and/or on the violation of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely (cardinal obligations). n this case, the compensation shall be limited to the greater of the following amounts: o the remuneration for the Software that caused the damage or is directly related to it. The fee applicable at the time the claim arose shall be decisive. In the case of maintenance contracts, the amount of compensation shall be limited to the average annual/monthly fee.

(4) Any further liability is excluded regardless of the legal nature of the asserted claim. Compensation for consequential damages, financial losses, loss of profit, unrealized savings, loss of interest and damages from third-party claims, including from the title of product liability against the client, is excluded in any case.

Liability for the destruction of data or software shall only be assumed, irrespective of the reason for liability, if the Customer has fulfilled its obligations for the proper operation of a data center (e.g. documented data backup and outsourcing in at least three generations). This shall also apply if Papoo Software has previously been advised of the possibility of such damage.

Papoo Software shall not be liable to the Customer for damages in connection with or as a consequence of the results of the Software. The Customer and its employees remain responsible for checking the results obtained with the Software. Papoo Software's liability is limited to the correction of errors and defects in the purchased software in accordance with the provisions of the contract.

The Customer shall be solely responsible for checking the input of the data for the Software and the resulting output data and shall indemnify Papoo Software in the event of claims for damages based on the use of the programs or the data obtained with them. Papoo Software is also not liable for damage or loss of data due to failures or errors of the web server (including PHP and MySQL) on which the software runs or due to errors in the browser software used and its guest system.

§ 8 Data backup

It is the customer's responsibility to avoid data loss by making regular data backups.

§ 9 Duration of the agreement

The right of use is limited in time to the duration of the respective contract term and ends after the termination of the same without further legal action, irrespective of this, Papoo Software may also terminate the contract for use during the term for good cause with immediate effect, without the Customer being entitled to even partial repayment of the fee. Good cause shall include in particular

(1) a serious breach of contract by the customer which is not remedied despite a reasonable grace period,

(2) the opening of preliminary, composition or insolvency proceedings against the customer's assets or the rejection of such proceedings for lack of assets to cover the costs. Upon termination of the contract, the Customer shall delete the Software from the web server, confirm this in writing at the request of Papoo Software and also delete the Software on data carriers together with the documentation, including all reproductions (copies), even if only partial.

§ 10 Documents

The Customer may make copies, extracts or even partial copies of documents, records, notes, drafts, descriptions, diagrams, programs, etc., which he has received from Papoo Software, in whatever form, only if and to the extent that this is necessary for the performance of this contract. The Customer shall store all items listed in this clause carefully and protect their contents from being disclosed to unauthorized persons. The Customer acknowledges Papoo Software's exclusive ownership of these items and shall hand them over to Papoo Software upon termination of the contract and shall have no right of retention to them.

Part III.

Generally applicable explanations and conditions of the Software Usage Agreement and the Software Maintenance Agreement

§ 1 Remuneration and terms of payment

Invoices issued by Papoo Software shall be payable without any deductions and free of charges no later than 14 days after the invoice date or on the due date. If a direct debit order is issued, the amount shall be debited at the beginning of each month or on the date of the first entry.

§ 2 Confidentiality, security

(1) The parties undertake to maintain confidentiality for an unlimited period of time with regard to business or trade secrets which are subject to data protection, which constitute know-how relevant to competition or which are marked as confidential (hereinafter referred to as "confidential information") and which are provided or become accessible to them.

(2) The confidential information may only be used within the scope of the purpose of the contract. Beyond that, it may neither be recorded nor passed on or used for own purposes. Papoo Software shall ensure through appropriate contractual agreements with the employees and agents working for it that they also refrain for an unlimited period of time from any exploitation, disclosure or unauthorized recording of confidential information. The transmission of confidential information shall not constitute the granting of a license unless expressly agreed otherwise.

(3) The duty of confidentiality shall apply to any way of obtaining knowledge, be it verbally, in paper form or in electronic form (by data transmission or on data carriers), by allowing inspections or in any other way by direct or indirect transmission.

(4) The parties shall take all reasonable precautions to prevent third parties from gaining access to confidential information of the other party (e.g. access control).

(5) In connection with individual business transactions, the parties are entitled to create files in physical or electronic form during the ongoing business relationship.

§ 3 Other provisions

(1) All rights and obligations of the contracting parties in connection with the agreed services are regulated in this contract.

(2) If a provision of this contract proves to be invalid or void, this shall not affect the validity of the remaining provisions of the contract. In this case, the parties shall agree on effective replacement provisions which come as close as possible to the invalid provisions in terms of their regulatory intentions and economic effects. The above shall apply accordingly to unintended loopholes.

(3) Amendments and additions to this contract must be documented in writing.

(4) This contract is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods of April 11, 1980 (UNCITRAL Sales Convention) and the international conflict of law rules applicable at the customer's place of business as well as the laws of the Federal Republic of Germany (for the Federal Republic of Germany - Introductory Act to the German Civil Code).

(5) Subject to a deviating - under German law - exclusive place of jurisdiction, the parties agree that the place of jurisdiction for all legal disputes arising from or in connection with this contract shall be the registered office of Papoo Software. Papoo Software shall remain entitled to bring actions against the Customer before the court having jurisdiction for the Customer's registered office.

General Terms and Conditions

Preamble

Part I.

Note: The following terms and conditions also contain statutory information on your rights in accordance with the provisions on distance contracts and electronic commerce.

§ 1 General

(1) The following terms and conditions apply to the purchase and rental of software of any type and content from Papoo Software, primarily but not exclusively via the website ccm19.de.

§ 2 Contractual partner

A contract is concluded with Papoo Software & Media GmbH, Auguststr. 4, 53229 Bonn, represented by the managing director Dr. Carsten Euwens.

§ 3 Order process

You place an order in the following steps:

Place items in the shopping cart for booking
click on "pay now
log in as an already registered customer with your user name and password or register as a new customer by entering your delivery and billing address
select the payment method
take note of our general terms and conditions and the cancellation policy and confirm this
additionally confirm that you expressly instruct us to commence performance of the contract before expiry of the withdrawal period
confirm the accuracy of your details by clicking on the "Order with obligation to pay" button at the end.

§ 4 Offer and conclusion of contract

(2) You will receive a copy of the order data with the order confirmation e-mail, which you can save. This confirmation of receipt expressly does not constitute acceptance of your offer.

(5) The contract is concluded exclusively in German.

§ 5 Correction of input errors/saving of the contract text

§ 6 Right of withdrawal

§ 7 Rights of use

(3) The link to the manufacturer in the Consent Banners may not be removed, changed, hidden or rendered inoperable without an additional license.

§ 8 Prohibition of transfer

The customer may not make available, transfer, sell, rent, lease or lend the right of use or the software as such to third parties.

§ 9 Term / Duration of the contract / Sliding tariffs

(2) The right to terminate the contract without notice remains unaffected by this.

§ 10 Prices and agency version

(1) The prices stated on the product pages are gross prices including statutory VAT and all other price components.

(2) The software is made available exclusively via download. The dispatch of a data carrier is excluded.

§ 11 Payment

(2) After successful payment, we will provide you with the license key and the program download for the purchased item within a few minutes.

§ 12 Warranty

(1) The statutory warranty rights apply to all download content provided.

(3) If the customer is an entrepreneur within the meaning of the preamble, the following shall also apply:

§ Section 13 Liability

§ 14 Cloud Version and Service Level Agreement

§ 15 Retention of title:

The Software shall always remain the property of Papoo Software. Irrespective of the term, the Customer only acquires a temporary right of use.

§ 16 References

§ 17 Final provisions

Part II.

EndUser License Agreement (EULA)

Preamble

§ 1 Subject matter of the contract

§ 2 Rights of use

§ 3 Scope of the right of use

§ 4 Rights to the software

§ 5 Warranty

(1) If the Customer is a consumer, the statutory provisions on liability for defects shall apply.

the software has always been used properly and in accordance with the instructions,
the Software has not been edited, further developed or linked with other software, except via the freely available interfaces,
the defect complained of is reproducible at Papoo Software;
the system environment specified in the current documentation is sufficiently configured (e.g. operating system, PHP/MySQL versions).

§ 6 Requirements for using the software

The customer guarantees the following technical requirements for the installation, trouble-free operation and use of the software.

Web server with PHP version 8.2 or higher, a MOngoDB database version 4.0 or higher, e-mail system. Use of the software via web browser: Firefox version 90.0 or higher, Chrome version 90.0 or higher, Internet Explorer Edge version with Chrome Engine or higher in each case with JavaScript enabled.

§ 7 Liability

§ 8 Data backup

It is the customer's responsibility to avoid data loss by making regular data backups.

§ 9 Duration of the agreement

(1) a serious breach of contract by the customer which is not remedied despite a reasonable grace period,

§ 10 Documents

Part III.

Generally applicable explanations and conditions of the Software Usage Agreement and the Software Maintenance Agreement

§ 1 Remuneration and terms of payment

§ 2 Confidentiality, security

(4) The parties shall take all reasonable precautions to prevent third parties from gaining access to confidential information of the other party (e.g. access control).

(5) In connection with individual business transactions, the parties are entitled to create files in physical or electronic form during the ongoing business relationship.

§ 3 Other provisions

(1) All rights and obligations of the contracting parties in connection with the agreed services are regulated in this contract.

(3) Amendments and additions to this contract must be documented in writing.