Following conditions govern the business relationship between Bartels Media GmbH, Fleischstrasse 17, 54290 Trier, Germany (hereafter “Bartels Media”) and direct order customers (hereafter “customer”). For customers located in Germany, the German terms & conditions are binding.
Bartels Media sells to businesses and government customers only. Consumers/Personal users may purchase Bartels Media products in the online shop which is operated by the independent vendor DigitalRiver/ShareIT. The contract between Bartels Media and the customer is concluded with the purchase. No other terms are accepted except expressly granted in written form. Additional software license agreement terms ("EULA") apply which are available in the download section of the respective software product. All objects of purchase remain property of Bartels Media until full payment is received. Errors and omissions in quotations are reserved and are non-binding. Unless specified otherwise, quotes are binding for 30 days after the date of quotation.
Bartels Media delivers license keys and download links by email after payment. No physical goods are shipped or required. The software and updates must be downloaded within the selected maintenance period. BARTELS MEDIA does not maintenance a download archive of older software versions. The software is online-activated with license keys. Offline activation is available for 10+ Pro/Enterprise Edition PhraseExpress licenses on request.
The Payment term is seven days after purchase. We accept wire transfer and cheques.
Maintenance includes free updates, upgrades and major new version during the selected maintenance term. Licenses are valid life-time. Maintenance is valid for the selected term of 1, 3 or 5 years, beginning with the date of purchase. New license keys are issued with a maintenance renewal. Old license keys used to receive a maintenance renewal discount are revoked and become invalid with the delivery of new license keys. Updates and support ends with maintenance expiration. Support is based on the latest available software version only and provided on a complimentary basis. Extended support and consulting is available as a paid service. Customers must keep a backup of software installation files that are available for download during the active maintenance term only. Bartels Media does not host installation file archives for customers with expired maintenance terms.
BARTELS MEDIA WARRANTS CUSTOMERS FOR A PERIOD OF THIRTY (30) DAYS AFTER PURCHASE THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND BARTELS MEDIA’S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE AT BARTELS MEDIA’S SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY BARTELS MEDIA REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARTELS MEDIA DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BARTELS MEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. NO WARRANTY IS PROVIDED FOR FREEWARE PRODUCTS. SOLE PURPOSE OF ANY PRODUCT PROVIDED ON A FREE AND COMPLIMENTARY BASIS IS FOR DEMONSTRATION PURPOSES ONLY.
IN NO EVENT WILL BARTELS MEDIA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF BARTELS MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BARTELS MEDIA’S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND documentation OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND documentation. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). BARTELS MEDIA EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
This Agreement is effective until it is terminated. You may terminate this Agreement at any time by destroying all copies of the software and documentation in your possession or under your control. Bartels Media may terminate this Agreement if Bartels Media finds that you have violated any of the terms of this Agreement. Bartels Media may terminate this Agreement for freeware products at any time. Upon notification of termination, you agree to destroy all copies of the software and documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.
This Agreement shall be construed, interpreted and governed by the laws of Germany without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate court sitting in Trier, Germany. UN sales law is excluded. This Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably affect the intention of the parties.
Trier, 05/20/2016 / Bartels Media Gmbh, Fleischstraße 17, 54290 Trier, Germany.