GENERAL TERMS AND CONDITIONS
General Terms and Conditions of Business and Licensing
- Scope of application and contracting party
The following General Terms and Conditions of Business and Licensing ("GCSD") shall apply to all contracts for the purchase of computer programs ("Software") concluded between the operator of the rapidlayouting.com online shop and companies for which the conclusion of the contract within the meaning of § 1 paragraph 1 no. 1 KSchG belongs to the operation of their company ("Customers").
The operator of the rapidlayouting.com online shop and contractual partner of the customer is
SWAP Architekten ZT GmbH; Neustiftgasse 32-34/2/8; 1070 Vienna (subsequently: "Provider")
The provider does not intend to enter into legal transactions with consumers.
- Conclusion of the contract
By submitting the online order form, the customer makes a binding purchase offer. The purchase contract is concluded when an order confirmation is sent by the provider to the e-mail address provided by the customer in the course of the order. The time at which the email arrives at the customer's mail server and is available for retrieval is decisive.
The contract is concluded in German. The contract text is not stored by the provider. More detailed information on the technical steps of the ordering process can be found on the information pages of the rapidlayouting.com online shop under the heading "
The prices quoted in the rapidlayouting.com online shop include all relevant price components as well as the statutory value added tax.
- Terms of payment
Payment shall be made in advance and shall be due immediately upon conclusion of the contract. Information on the available payment methods (e.g. credit card payment, transfer immediately, PayPal) can be found on the information pages of the rapidlayouting.com online shop.
The invoice will be sent to the customer by email to the email address provided during the ordering process.
- Delivery and delivery
The software is delivered exclusively by making it available for download. The corresponding download link will be announced to the customer with the order confirmation. With the order confirmation, the customer also receives an activation code, which is required for the installation and use of the software. Upon delivery of the order confirmation including the download link and activation code, the software is deemed to have been handed over. The order confirmation is deemed to have been delivered as soon as the corresponding email arrives at the customer's mail server and is ready for retrieval.
- Activation of the software
For the installation and use of the software by the customer an activation of the software is necessary. The software can only be activated once for each device. Activation takes place exclusively online when the software is first executed by entering the activation code, which is also transmitted with the order confirmation. After activation, no Internet connection is required to use the software.
A new installation and use of the software on another device requires a previous deactivation of the software on the device on which it was previously installed and a new activation for the other device. You can deactivate the software at any time by selecting the appropriate item in the software menu. To deactivate the software, the device on which the software was previously installed must be connected to the Internet.
- Scope of services
The service owed by the provider includes the provision of the software for download, the activation of the software for installation and use as well as the granting of a license according to point 10. of these General Terms and Conditions. In addition, the scope of services includes online instructions and documentation for the use of the Software. Furthermore, the provider is not obliged to provide any further services to the customer. In particular, the Provider is under no obligation to make the program source code available to the Customer or to provide support services to the Customer.
- Warranty and Liability
The provider warrants that the software has the characteristics as described in the product description valid in the rapidlayouting.com online shop at the time of the order. Beyond that the supplier does not take over guarantee. In particular, the provider does not guarantee the faultless functionality of the software on devices that do not meet the system requirements specified by the provider.
The provider does not assume any liability.
- for disadvantages or damages of the customer caused by failures or technical malfunctions of the internet servers on which the software is provided for download and/or via which the activation of the software takes place, or for failures or malfunctions of network lines to these servers.
- for the complete availability and up-to-dateness of the online instructions and documentation for the use of the software.
- that the calculations, visualizations or other work results created with the software are correct or usable for the purposes of the customer.
- for the compatibility or interoperability of the software or work results created with it with computer programs of third parties.
- for system errors, defects or damage to the customer's equipment caused by the software, if and insofar as the equipment on which the software was installed does not meet the system requirements specified by the supplier. The proof that a system error, defect or damage to the customer's device was caused by the software is in any case the responsibility of the customer.
- for system errors, defects or damage to the Customer's device if this is due to a conflict between the Software and another third-party computer program ("Software Conflict"). As long as the customer does not prove the contrary, a software conflict is to be assumed.
The warranty period is 6 months from delivery of the software in accordance with point 5. § 377 paragraph 1 UGB applies with the proviso that the customer is obliged to examine the software within 4 weeks from the first activation in accordance with point 6. and to notify the provider of any defects found within this period. The period for the notification of later defects according to § 377 paragraph 3 UGB is one week from the time the customer noticed or should have noticed the defect. The consequences of failure to notify defects in good time shall be governed by § 377 (2) and (3) UGB.
If there is a defect for which the provider has a warranty obligation or other liability, the customer can initially only demand the remedy of the defect. If the provider does not remedy the defect within two weeks, or if the provider cannot remedy the defect within this period, the customer has the option to withdraw from the contract. Beyond that the customer is not entitled to any claims against the supplier. In particular, in this case the customer cannot demand a price reduction or assert claims for compensation, for example due to loss of profit.
Otherwise, the provider is liable for damages caused by him only in the case of intent and gross negligence, except for personal injury. The provider is only liable for the positive damage, the liability for lost profit, for indirect and consequential damage, for claims of third parties and for damage to or loss of data is - as far as legally permissible - excluded. All claims for damages expire within six months of the customer becoming aware of the damage, but in any case within two years of delivery. Any claims for damages are limited in amount to the value of the contractually agreed deliveries and services.
- Exclusion of rescission
Any rescission of the agreement reached on the basis of these General Terms and Conditions of Business on the grounds of error, omission of the basis of the transaction or reduction by more than half shall be excluded.
The software enjoys copyright protection according to § 40a UrhG. The provider is the sole owner of the unlimited right to use the software. With the purchase of the software, the provider grants the customer a non-exclusive license (permission to use the software in accordance with § 24 paragraph 1 UrhG) in accordance with the following provisions:
The customer is entitled to install the software once on a computer ("device") and to use it exclusively for its intended purpose. The intended use results from the description and documentation of the software provided by the provider.
The customer is not permitted to make the software publicly available in computer networks, such as the Internet. In particular, the customer may not allow the software to be used via a computer network ("network" or "online use").
The customer shall be permitted to make a backup copy of the software. Furthermore, any duplication of the software is not permitted.
The customer may not sell, rent, loan or otherwise pass on the software or copies thereof to third parties. This shall also apply to the sale, rental, lending or other transfer of equipment on which the software is installed. The customer is also prohibited from assigning the license granted to him in whole or in part to third parties or from granting sub-licenses to third parties.
The license granted to the customer does not include any processing or translation rights. A decompilation of the software is not permitted outside the legal limits of § 40e UrhG.
The provider has no rights to works created through the intended use of the software ("work results").
- Transfer of contractual rights and obligations
The provider is entitled to transfer the agreement concluded with the customer on the basis of these General Terms and Conditions to third parties in whole or in part. The customer expressly agrees to such a transfer.
- Final provisions
Place of performance is Vienna.
Disputes arising from these General Terms and Conditions or the agreement concluded on the basis thereof, including disputes concerning their conclusion or validity, shall be subject to the jurisdiction of the competent court at the registered office of the provider.
Austrian law shall apply to the exclusion of the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods.
There are no collateral agreements. Amendments and changes to these General Terms and Conditions or to the agreement concluded on the basis thereof must be made in writing. This shall also apply to any waiver of this written form requirement.
In the event of invalidity or ineffectiveness of any provision of these General Terms and Conditions, the effectiveness of the remaining provisions shall remain unaffected. The invalid or ineffective provision shall be replaced by a provision that comes closest to the purpose and purpose of the invalid or ineffective provision in terms of content.
The data provided by the customer in the course of the ordering process will be collected, stored and processed by the provider. The customer expressly agrees that the provider may use this data to send the customer advertising about his services and products from time to time or to inform him about new products or improvements. These data will not be passed on to third parties.
The provider also collects, stores and processes the activation key, IP address and other technical identification features (e.g. MAC address) of your device when activating the software purchased by the customer and links this data with the data you entered during the ordering process. This data processing is necessary to activate the purchased software and to enable the customer to use the software. In addition, the Provider requires the data to ensure that the Software is installed and used on only one device in accordance with the license terms to which the Customer is subject. Finally, the processing of the relevant data is necessary in order to enable the Customer to deactivate and later reactivate the Software if necessary, e.g. if the device on which the Software is to run is changed. The Customer expressly agrees that the Provider will use the data provided for the purposes described.
The declarations of consent submitted by the customer for the use of data can be revoked at any time by sending an informal email to [email@example.com]. In this case, the provider will delete the data affected by the revocation of consent within a reasonable period of time, unless the data is required to fulfill the agreement connected with the customer. The revocation of the consent to the use of the data collected and stored in the course of the activation shall in any case result in the deactivation of the software of the customer concerned, so that the intended use of the software is no longer possible. However, the customer may reactivate the software at any time.
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o Log4net; Apache 2.0 License
o MoreLinq; Apache 2.0 License
o NewtonSoft JSON; MIT License
o netDXF by Daniel Carvajal; LGPL
o Ninject; Apache 2.0 License
o NPOI; Apache 2.0 License
o PDFSharp; MIT License
o SharpZipLib; Amended version of the GPL
o The Clipper Library by Angus Johnson; Boost Software License
o xBIM;CDDL Open Source Licence