General Terms and Conditions
General Terms and Conditions for the Use of "World of Print
Media" Software produced by Heidelberger Druckmaschinen AG
1. Formation of Contract
The contract for the purchase of SOFTWARE shall be effective upon written confirmation of the order by Heidelberger Druckmaschinen Aktiengesellschaft (in the following HDM AG). SOFTWARE refers to the software specified in the user documentation.
2. Revocation
2.1. The customer may revoke her/his order without reasons within a period of 2 weeks upon receipt of the revocation instruction, upon receipt of the SOFTWARE at the latest. To adhere to this period it is sufficient to post the revocation by durable media, i.e. mail, fax, CD-ROM, disk or electronic mail.
2.2. The right to revoke expires if or as soon as the customer opens or removes the sealed package of the SOFTWARE.
2.3. The right to revoke expires 4 months upon receipt of the SOFTWARE at the latest.
3. Licensed Programs
3.1. The customer acknowledges that the SOFTWARE is the intellectual property of HDM AG and/or several licensors who retain all rights and title to the SOFTWARE (the original media itself is and shall remain the property of HDM AG).
3.2. Subject to the terms and conditions hereof and upon payment of the license fee, HDM AG grants to the customer a non-exclusive, non-transferable right to use the SOFTWARE for the operation of one workstation or output device.
The customer may not copy the SOFTWARE, except for archiving and/or backup purposes only, in which case he or she may make one copy and is required to copy all copyright and trademark notices incorporated in the data of the SOFTWARE and to mark such copy with the same labels, including any copyright and/or trademark notices, as to be found on the original media.
Using the SOFTWARE on more than one workstation or output device or on any computer or system which permits electronic access to it by more than one user is only allowed if the customer has purchased a "multi-user-license" (special price/subject to availability).
3.3. The customer is only allowed to transfer or assign the SOFTWARE to a third party if he or she complies with all of the following conditions:
- the transferee confirms his or her consent to all terms and conditions of these General Terms by signing a copy hereof,
- such signed copy including the customer's and the transferee's full name and address is being sent to HDM AG,
- the transferring customer does not retain any copies of the SOFTWARE in whole or part and refrains from any further use of it.
4. No Use for other Purposes / No Reverse Compiling
4.1. Notwithstanding the exception set forth in subsection 3.3 above, the customer may not sell, lend, otherwise transfer or sublicense the SOFTWARE to any third party.
4.2. Notwithstanding the exception set forth in subsection 4.3 the customer may not
- modify, reverse compile or merge the SOFTWARE with other software programs
- adapt modules thereof for his or her own developments, or
- put the software solutions embodied in the SOFTWARE to any commercial use other than operating the customer's own workstation or output device.
4.3. Actions as described in paragraph 4.2 are only allowed if they are indispensable to obtain the information necessary to establish interoperability of the SOFTWARE with other software programs. This shall only apply if such information is not made public or otherwise easily accessible to the customer and he or she first requests prior written approval from HDM AG. HDM AG may impose such reasonable conditions, including, but not limited to a reasonable fee, on such requested use to ensure that the proprietary rights of HDM AG and/or its licensors are protected.
5. Warranty and Limited Liability
5.1. HDM AG warrants that the SOFTWARE meets the functionality and performance standard as outlined in the user documentation currently valid at the time of the agreement.
This warranty ends 6 month after the day of delivery of the SOFTWARE to the customer. HDM AG will correct substantial malfunctions occurring during this warranty period provided that such malfunctions are reproducible and the customer gives immediate notice and sufficient description of such malfunctions and provides proof of purchase to HDM. Such corrections regularly will be incorporated into new revisions of the SOFTWARE or, until the release of such new revisions, into temporary versions, at HDM AG´s discretion.
The correction may also be implemented by delivery of new versions of the SOFTWARE (i.e. versions with additional functionality and/or enhanced performance), in which case the warranty does not cover such additional functionality and performance. If the customer should need new or modified hardware for the operation of such new versions, he or she is only entitled to return the SOFTWARE and obtain a refund of his or her money.
5.2. The foregoing states the entire liability and warranty of HDM AG, and any claims in excess thereof, e.g. for idle time, shortfall of production, waste of material and other direct, indirect, incidental or consequential damages are limited to actions of HDM AG caused by gross negligence or intent.
HDM AG does not warrant that the SOFTWARE will meet the customer's requirements or that the operations of the SOFTWARE will be uninterrupted or error-free or that errors in the SOFTWARE or the documentation will be corrected. HDM shall not be responsible for defects or damage caused by or resulting from
- alterations, repairs, or use of parts, software, or services not provided by HDM AG,
- accident,
- abuse or negligence, or
- failure to operate the SOFTWARE in a safe and reasonable manner or in accordance with written instructions provided by HDM AG.
There are no other warranties; representations; or conditions; express or implied; including; but not limited to any implied warranties of merchantability or fitness for a particular purpose and non-infringement of third party rights.
The provisions of this paragraph 5. represent the customer's sole remedies for any breach of HDM AG´s warranties contained in these General Terms which are only given to the original customer and furthermore the express terms of these General Terms are in lieu of all warranties, conditions, undertaking, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are excluded to the fullest extent permitted by law.
5.3. HDM AG´s liability for damages from any cause whatsoever and regardless of the form of action, whether in contract or tort, including negligence or strict liability, shall be limited to the license fee for the SOFTWARE.
In no event shall HDM AG be liable for savings, lost profits, lost data; claims by third parties, or any other incident al or consequential damages or damages caused by the customer's failure to perform its responsibilities or for any damages caused by or related to performance or non-performance of the software.
6. General
6.1. The license granted under paragraph 3.2.shall automatically terminate if the customer fails by any act or omission to comply with the terms and conditions hereof.
6.2 Upon termination of this agreement, the customer agrees to either return or to destroy and refrain from using the SOFTWAARE, the media, copies and/or any modified or merged portions thereof including any copies stored on the hard disk of a computer.
7. Import and Export Conditions
The customer shall be responsible to meet the respective legal requirements in case of export or re-export of the SOFTWARE.
Heidelberger Druckmaschinen Aktiengesellschaft
Print Media Academy
Contact: wopm.support@heidelberg.com
1. Formation of Contract
The contract for the purchase of SOFTWARE shall be effective upon written confirmation of the order by Heidelberger Druckmaschinen Aktiengesellschaft (in the following HDM AG). SOFTWARE refers to the software specified in the user documentation.
2. Revocation
2.1. The customer may revoke her/his order without reasons within a period of 2 weeks upon receipt of the revocation instruction, upon receipt of the SOFTWARE at the latest. To adhere to this period it is sufficient to post the revocation by durable media, i.e. mail, fax, CD-ROM, disk or electronic mail.
2.2. The right to revoke expires if or as soon as the customer opens or removes the sealed package of the SOFTWARE.
2.3. The right to revoke expires 4 months upon receipt of the SOFTWARE at the latest.
3. Licensed Programs
3.1. The customer acknowledges that the SOFTWARE is the intellectual property of HDM AG and/or several licensors who retain all rights and title to the SOFTWARE (the original media itself is and shall remain the property of HDM AG).
3.2. Subject to the terms and conditions hereof and upon payment of the license fee, HDM AG grants to the customer a non-exclusive, non-transferable right to use the SOFTWARE for the operation of one workstation or output device.
The customer may not copy the SOFTWARE, except for archiving and/or backup purposes only, in which case he or she may make one copy and is required to copy all copyright and trademark notices incorporated in the data of the SOFTWARE and to mark such copy with the same labels, including any copyright and/or trademark notices, as to be found on the original media.
Using the SOFTWARE on more than one workstation or output device or on any computer or system which permits electronic access to it by more than one user is only allowed if the customer has purchased a "multi-user-license" (special price/subject to availability).
3.3. The customer is only allowed to transfer or assign the SOFTWARE to a third party if he or she complies with all of the following conditions:
- the transferee confirms his or her consent to all terms and conditions of these General Terms by signing a copy hereof,
- such signed copy including the customer's and the transferee's full name and address is being sent to HDM AG,
- the transferring customer does not retain any copies of the SOFTWARE in whole or part and refrains from any further use of it.
4. No Use for other Purposes / No Reverse Compiling
4.1. Notwithstanding the exception set forth in subsection 3.3 above, the customer may not sell, lend, otherwise transfer or sublicense the SOFTWARE to any third party.
4.2. Notwithstanding the exception set forth in subsection 4.3 the customer may not
- modify, reverse compile or merge the SOFTWARE with other software programs
- adapt modules thereof for his or her own developments, or
- put the software solutions embodied in the SOFTWARE to any commercial use other than operating the customer's own workstation or output device.
4.3. Actions as described in paragraph 4.2 are only allowed if they are indispensable to obtain the information necessary to establish interoperability of the SOFTWARE with other software programs. This shall only apply if such information is not made public or otherwise easily accessible to the customer and he or she first requests prior written approval from HDM AG. HDM AG may impose such reasonable conditions, including, but not limited to a reasonable fee, on such requested use to ensure that the proprietary rights of HDM AG and/or its licensors are protected.
5. Warranty and Limited Liability
5.1. HDM AG warrants that the SOFTWARE meets the functionality and performance standard as outlined in the user documentation currently valid at the time of the agreement.
This warranty ends 6 month after the day of delivery of the SOFTWARE to the customer. HDM AG will correct substantial malfunctions occurring during this warranty period provided that such malfunctions are reproducible and the customer gives immediate notice and sufficient description of such malfunctions and provides proof of purchase to HDM. Such corrections regularly will be incorporated into new revisions of the SOFTWARE or, until the release of such new revisions, into temporary versions, at HDM AG´s discretion.
The correction may also be implemented by delivery of new versions of the SOFTWARE (i.e. versions with additional functionality and/or enhanced performance), in which case the warranty does not cover such additional functionality and performance. If the customer should need new or modified hardware for the operation of such new versions, he or she is only entitled to return the SOFTWARE and obtain a refund of his or her money.
5.2. The foregoing states the entire liability and warranty of HDM AG, and any claims in excess thereof, e.g. for idle time, shortfall of production, waste of material and other direct, indirect, incidental or consequential damages are limited to actions of HDM AG caused by gross negligence or intent.
HDM AG does not warrant that the SOFTWARE will meet the customer's requirements or that the operations of the SOFTWARE will be uninterrupted or error-free or that errors in the SOFTWARE or the documentation will be corrected. HDM shall not be responsible for defects or damage caused by or resulting from
- alterations, repairs, or use of parts, software, or services not provided by HDM AG,
- accident,
- abuse or negligence, or
- failure to operate the SOFTWARE in a safe and reasonable manner or in accordance with written instructions provided by HDM AG.
There are no other warranties; representations; or conditions; express or implied; including; but not limited to any implied warranties of merchantability or fitness for a particular purpose and non-infringement of third party rights.
The provisions of this paragraph 5. represent the customer's sole remedies for any breach of HDM AG´s warranties contained in these General Terms which are only given to the original customer and furthermore the express terms of these General Terms are in lieu of all warranties, conditions, undertaking, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are excluded to the fullest extent permitted by law.
5.3. HDM AG´s liability for damages from any cause whatsoever and regardless of the form of action, whether in contract or tort, including negligence or strict liability, shall be limited to the license fee for the SOFTWARE.
In no event shall HDM AG be liable for savings, lost profits, lost data; claims by third parties, or any other incident al or consequential damages or damages caused by the customer's failure to perform its responsibilities or for any damages caused by or related to performance or non-performance of the software.
6. General
6.1. The license granted under paragraph 3.2.shall automatically terminate if the customer fails by any act or omission to comply with the terms and conditions hereof.
6.2 Upon termination of this agreement, the customer agrees to either return or to destroy and refrain from using the SOFTWAARE, the media, copies and/or any modified or merged portions thereof including any copies stored on the hard disk of a computer.
7. Import and Export Conditions
The customer shall be responsible to meet the respective legal requirements in case of export or re-export of the SOFTWARE.
Heidelberger Druckmaschinen Aktiengesellschaft
Print Media Academy
Contact: wopm.support@heidelberg.com
Product Training
"Every technology is only as good as the person using it and his or her knowledge of its potential." Whether Pre- press, Press or Postpress, our training courses will enable you to use the ver- satile options of innovative Heidelberg technology. You will profit from the exchange of information in international learning groups. The courses takes place in Heidelberg, Ludwigsburg, Leipzig and Kiel. More
