§ 1 object of performance
WD-Pro © distributes software under a commercial license that is compatible with Joomla. The software may contain open source components that are freely available under a non-commercial license. However, this does not mean that the license terms of the non-commercial software are transferable to the license terms of our software. Therefore, the following conditions apply exclusively to the software manufactured by WD-Pro ©.
§ 2 rights of use
WD-Pro © grants the buyer a simple, unlimited right to use the respective software for use on a single domain per license acquired.
For each license purchased, the buyer may only use the software on a top level domain and an additional subdomain, which is used exclusively for test purposes. If the buyer wants to use the product on more than one top level domain, he has to purchase the necessary number of new licenses.
The buyer is prohibited from using:
- to sell the software or parts of the software or to offer it on its website without the consent of WD-Pro ©.
- to change or modify the software or to develop new software based on the software or components of the software and to distribute it or make it publicly available. However, changing or adapting the software for your own purposes or for a customer is permitted.
- use the software with third parties without asking or otherwise make it accessible to third parties.
- transfer the license to third parties.
- to change the copyright notes in the code or to remove them from the product without the consent of WD-Pro ©. Depending on the individual case, WD-Pro © allows the buyer to remove the copyright notices in the software upon payment of an appropriate fee to be determined by WD-Pro ©. The discretion of WD-Pro © is not subject to any restrictions.
§ 3 Cooperation and information obligations of the buyer
The buyer has informed himself about the essential functional features of the software and bears the risk whether it corresponds to his wishes and needs; Before the conclusion of the contract, he had advice from the seller's employees about any questions of doubt.
The establishment of a functional hardware and software environment for the contractual items is the sole responsibility of the buyer.
Before using the software, the buyer thoroughly tests it for freedom from defects and for usability in the existing hardware and software configuration by installing it on a test page and checking it there. This also applies to software that he receives as part of the warranty and support.
The buyer observes the instructions given by the seller for the installation and operation of the software.
The buyer takes reasonable precautions in the event that the software does not work properly in whole or in part (e.g. through daily backups, diagnostics, etc.).
If the buyer is a merchant within the meaning of the German Commercial Code, in relation to all deliveries and services of the seller in the execution of this contract, an obligation to inspect and give notice of defects in accordance with § 377 German Commercial Code.
The buyer bears disadvantages and additional costs from a violation of these obligations.
§ 4 performance restrictions
WD-Pro © does not generally guarantee the compatibility of the software with the system or the browser of the buyer. In addition, compatibility with third-party products is not guaranteed. In this context, the buyer is obliged to observe the system requirements in the product description before purchasing and to view the product on the demo page if necessary.
If the buyer transfers the software into his live system without prior test (see point 3.3), WD-Pro © assumes no liability for any damage that may occur.
WD-Pro © does not guarantee that the software is or will be fully functional with all past and future versions of Joomla. The product description shows which versions of Joomla the respective software is compatible with. However, WD-Pro © always endeavors to ensure compatibility with all upcoming versions of Joomla and to ensure their compatibility with current browser versions and their immediate predecessors. However, the buyer has no claim to this.
§ 5 support and updates
WD-Pro © offers paid technical support for the purchased software via a ticket system. No support is generally provided for free products.
For the installation of the software, WD-Pro © refers to the installation instructions described in the software documentation, in particular to the hardware and software environment that the buyer must have.
Ticket support is free of charge for software defects that are not the fault of the purchaser and which could not be identified when checking the system requirements and during a test before the purchase, even with due care.
§ 6 final provisions
If the buyer is not a consumer, the exclusive place of jurisdiction for all disputes arising from and in connection with this contract is Meiningen.
German law applies exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The conclusion of the contract as well as subsequent changes and additions to the contract must be in writing in order to be effective. This also applies to the modification of this clause. Verbal side agreements have not been made.
Should a provision of this contract be or become invalid, contain an impermissible deadline or a gap, the legal validity of the remaining provisions remains unaffected. Insofar as the ineffectiveness does not result from a violation of §§ 305 and the following Civil Code (validity of general terms and conditions), instead of the ineffective provision, an effective provision is deemed to have been agreed that comes closest to what the parties wanted economically. The same applies in the event of a gap. In the event of an impermissible period, the legally permissible measure applies.