Updated: 11/01/2006

Validity

The below delivery and payment terms exclusively apply when accepting orders and making deliveries.

Electronic deliveries

If the delivery is made electronically (e.g. by e-mail), the delivery has taken place as soon as the data has been duly sent. If the delivery is not received by the buyer, we will repeat dispatch upon arrangement – using a different medium if necessary (e.g. fax or post). This case does not entitle the buyer to withdraw from the purchase contract. The buyer is obliged to inform us if the electronic dispatch is not received.

Deliveries

If no other arrangements are made in writing, dispatch takes place at the risk and on account of the recipient. If no other details are provided, the prices include packaging and shipment. The goods remain the property of Revolver Software GmbH up until full payment of the invoice sum.

Payment

If no other arrangements are made in writing, invoices are due for payment immediately upon receipt, in the invoiced currency, without discount and free of bank charges. All additional expenses incurred due a payment not being able to be successfully processed (e.g. returned debit) will be charged to the buyer.

Returning software licenses

The right of return for software licenses is void as soon as the seal is broken by the buyer, or as soon as we duly send the activation code by e-mail. This also applies to private persons.

Returns

A credit note covering the value of the goods is exclusively issued when the goods are returned punctually, if a right of return has already been granted for the order or if we have issued a return authorization. The acceptance of unauthorized returns is subject to our own discretion.

Place of fulfillment and court of jurisdiction

The place of fulfillment is the business premises of Revolver Software GmbH. The district or regional court responsible for the Revolver Software GmbH business premises is the place of jurisdiction for traders or judicial persons under public law. Business is exclusively based on German law.

Cancellation right for private persons

According to the Distance Selling Act, private persons have the right to cancel orders placed using our Internet pages within 14 days of receipt of the goods. The cancellation right for software is void as soon as the seal has been broken or the activation code has been sent by e-mail. You can validate your cancellation in writing, by e-mail or by returning the goods.

Severability clause

If individual clauses in these general terms of business are, or become, invalid or ineffective, this does not affect the validity of the remaining clauses.

Updated: 04/30/2010

Validity

The terms for software rental apply to all contracts between Revolver Software GmbH, hereinafter referred to as the “lessor”, and the leaseholder of Revolver software, hereinafter referred to as the “lessee”. Revolver software is hereinafter referred to as “software”. The Revolver Software GmbH general terms of business also apply.

Subject of the contract

The lessee receives non-exclusive usage rights for the software (from version 8.1.1) including all updates and version changes during the contract period.

The software and documentation is subject to copyright laws. The lessee may not pass the software license code onto third parties under any circumstances.

The installation program and current versions will be provided for download by the lessee on the lessor’s website.

A rental fee increase is concluded for a period of three years from the order date.

The rental fee is paid in advance by the lessee for the first year. Monthly payment is possible from the second year. Payment is made by direct debit or credit card.

Scope of services

The number of parallel users is specified in the scope of rental. This determines how many users can access the software at the same time (competitive user principle).

A number of service credits are included in the scope of rental. A service credit corresponds with 15 minutes service time with qualified service staff. The service credits can be used for user support by telephone, remote installation and remote maintenance, online training, alignment advice and alignments. Service credits are valid for one year and cannot be transferred into the next year.

The lessor provides the lessee with all free updates during the contract period. The number, time and contents of the updates are at the discretion of the lessor.

The lessor provides the lessee with services in accordance with the booked service level. Telephone support is available from Monday to Friday between 9:00 and 17:00 CET (GMT+1). Telephone support is based on a call-back system; support staff cannot be called directly.

The lessee is entitled to free support by e-mail. The lessee is entitled to support by telephone according to the booked package fee. The lessee must provide the assigned customer number to take advantage of support; otherwise he/she does not have a right to support services.

Service restrictions

The following services are not included in the contract:

Individual customizations and additional requirements by the lessee: these will be offered and invoiced separately at cost.

Telephone support, alignments, advice and training using the booked or purchased service credits.

Addressing the lessee’s faults or damages if they are not the responsibility of the lessor.

Addressing the lessee’s faults or damages that are caused by interference with the software by the lessee or a third party (e.g. interference with the program code or database).

Maintaining the software to make it interoperable with other software, which is not part of this maintenance contract.

Maintenance and service for out-of-date versions of the software.

Contract period and cancellation

The minimum contract period is one year from the order date. Cancellation is possible to the end of the month after the first year. Cancellation must be made in writing and contract can be cancelled by either party. After cancellation, the lessee still has reader access to the software and the possibility to export data.

The following applies to customers who bought the software before 1.5.2010: read and write access to the software is still available after cancellation but updates are no longer possible.

Any additional service credits used will be invoiced for the exact month after cancellation. A refund for unused service credits is not possible.

It is possible to change to a larger package at any time. It is only possible to change over to a smaller package from the second contract year. The service credits are established for each month when changing, and aligned to suit the new package. Any additionally used service credits will be invoiced.

Rental interest payment arrears

If any collected rental amounts are returned or if payment is delayed in any other way, the lessee receives a reminder by e-mail and is obliged to pay the rental amount to the lessor within one week of receipt of the reminder plus a 15.00 Euro charge for bank and processing fees. If payment is not made, the lessor has the right to promptly deactivate the license code.

The lessee’s cooperation duties

The lessee is obliged to promptly notify the lessor of any errors in the software after the lessee company has noticed the error.

In the case that the lessor requires software data from the lessee for maintenance, this data will be promptly provided. If the lessor requires the cooperation from the customer to address any errors, the customer is obliged to entrust sufficiently qualified employees to cooperate in addressing the error.

Liability

Claims to replacement of damages against the lessor and liability for consequential damages of any kind are excluded. The lessee is responsible for bearing the risk of commercial use. The lessee is responsible for undertaking regular and sufficient data security measures.

Final clauses

Should any clauses of this contract be ineffective or void, this does not affect the validity of the remaining terms of the contract. In this case, legal and authorized regulations must be agreed which come as close as possible to the economic intention. The place of fulfillment and court of jurisdiction is, if legally permitted, Aachen. Additional arrangements must be made in writing. German law is hereby agreed as applicable.

Updated: 11/01/2006

Use of your data

We save and use your personal data exclusively for processing your order and all connected procedures. Your e-mail address is exclusively used for further, specific information concerning your order.

If requested, we will send you a newsletter at irregular intervals to the e-mail address provided. The provision of advertisements can of course be cancelled at any time.

Circulation of data

We will not pass your personal data including your e-mail address onto third parties under any circumstances.

Exceptions are service partners who require your data to process your order. This includes transport companies (e.g. Deutsche Post AG) and our contractually associated partners for financial services (direct debit process, credit card). Transmission of your data to service partners takes place according to the terms of BDSG (Federal Data Protection Laws) and the scope of transmission is restricted to the necessary minimum.

Exchange of information

We are, of course, prepared to provide you with information on the data we have saved at any time, in accordance with BDSG. Please contact us by e-mail.

Legal basis

The collection and processing of personal data takes place exclusively within the scope of the legal regulations of the Federal Data Protection Laws (BDSG) and the Information and Data Protection Laws for Telecommunications (TDDSG).

Data transfer

We use a secure online transmission mode, a so-called “Secure Socket Layer” (SSL) transfer, to process your personal details. This transmission mode is supported by most browsers. All information transferred with this secure method is encrypted before it is sent to us. This ensures that no unauthorized persons can use your details.

Your data is then saved on the server for order processing. The data is protected against unauthorized access with passwords and the exclusive use of the SSL mode. For additional security, your account details or credit card numbers are not saved by us, but immediately sent to a financial service provider commissioned to collect the payment.

Retention of data

Your satisfaction and protection of your privacy is our top priority. We exclusively use your data to process your orders.