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1.1 These General Terms and Conditions (hereinafter "Terms") of Justin März, trading as "Encrava" (hereinafter "we/us"), apply to all contracts for the provision of software that you as a consumer or entrepreneur (hereinafter "you") conclude with us regarding the software products presented in our online shop (hereinafter "Software").
1.2 You are a consumer within the meaning of these Terms if you conclude a legal transaction for purposes that are predominantly neither attributable to your commercial nor your independent professional activity.
1.3 You are an entrepreneur within the meaning of these Terms as a natural or legal person who, when concluding a legal transaction, acts in the exercise of your commercial or independent professional activity.
2.1 The subject of the contract is the provision of the software offered by us in electronic form with the granting of certain usage rights.
2.2 You do not acquire any intellectual property in the software. The source code of the software is not part of the software provided.
2.3 Installation is not part of the contract.
3.1 The software products described in our online shop do not constitute binding offers on our part, but serve for you to submit a binding offer.
3.2 You can submit the offer via the online order form integrated into our online shop.
3.3 We can accept your offer within five days.
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in our withdrawal policy.
5.1 Unless otherwise stated in our product description, the prices quoted are total prices that include statutory VAT.
5.2 The payment option(s) will be communicated to you in our online shop.
We effect provision by making a digital copy of the software available to you for download via the internet.
7.1 We grant you a non-exclusive, perpetual, transferable right to use the software for private and/or commercial purposes.
7.2 No right of modification is granted to you.
7.3 Rental of our software is not permitted.
You must inform yourself about the essential functional characteristics of the software. Setting up a functional hardware and software environment is your sole responsibility.
If the software is defective, the provisions of statutory liability for defects apply.
The law of the Federal Republic of Germany applies to all legal relationships between you and us.
If you act as a merchant with your registered office in the territory of the Federal Republic of Germany, our registered office is the exclusive place of jurisdiction for all disputes arising from this contract.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.