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General Terms and Conditions of 3D-Tool GmbH & Co. KG

The following terms and conditions are only applicable to agreements concluded with consumers.
Switch to terms and conditions for commercial transactions.

1. Parts of the Agreement

By mutual consent, the following terms are an integral part of all agreements concluded with the 3D-Tool GmbH & Co. KG after
October 7, 2011.

2. Definitions

2.1. Software: 3D-Tool and its components as well as the accompanying documentation. 3D Tool GmbH & Co KG is not obligated to provide the source code as part of its obligations.

2.2. License: The rights of use to the Software granted to the customer.

2.3. Consumer: Every natural person entering into a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity.

3. Prices

3.1. All specified prices include 19% German value added tax.

3.2. In cases of deliveries and services to customers located outside the European Union (third countries) the value added tax will not be charged by 3D-Tool GmbH & Co. KG. In these cases the customer shall be responsible for the tax obligations.

4. Conclusion of Contract

Orders can be made via E-Mail, fax or mail to 3D-Tool GmbH & Co. KG. An order is a binding offer to 3D-Tool GmbH & Co. KG towards the conclusion of a sales agreement. However, the contract shall not be concluded until 3D Tool GmbH & Co KG has confirmed the order or delivered the ordered goods.

5. Rights of Use

The type and scope of the rights of use granted to a customer are defined in the End User License Agreement (EULA) of the Software.

6. Payment Terms

Deliveries and services to the customer are made only against prepayment.

7. Delivery and Services

7.1. Unless otherwise agreed upon, the Software shall be delivered in the version current upon conclusion of the agreement and in accordance with the current performance specification.

7.2. If only licenses are ordered, the 3D-Tool GmbH & Co KG shall provide the appropriate version of the Software for the license for download on its website.

7.3. The 3D-Tool GmbH & Co. KG guarantees the availability of the download for 30 days from the date of the delivery note.

7.4. To use the Software with the License, the Software must be activated after installation. The License Certificates required to activate the Software will be sent to the customer via e-mail or via regular mail.

7.5. The customer shall be responsible for an adequate backup of the provided Software and License Certificates.

8. Cancellation Policy

RIGHT OF REVOCATION
You can revoke your contractual declaration within 14 days in text form (e.g. via postal mail, facsimile, or e-mail) or – if goods are made available to you before the end of this period of time – also by returning the goods. You must not state the reasons for the revocation of your declaration. The time period for the revocation of your declaration shall begin upon receipt of this notice in text form, but not before receipt of the goods by the recipient (in case of a periodic delivery of similar goods not before receipt of the first partial delivery) and not before the fulfillment of our information duties pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB and our obligations pursuant to § 312g (1) 1 BGB in conjunction with Article 246 § 3 EGBGB. The deadline for the revocation of the declaration is observed if the declaration or the goods are sent off before the deadline ends.

3D-Tool GmbH & Co. KG
Im Steiles 23/1
69469 Weinheim, Germany
E-Mail: Team@3D-Tool.de
Fax: +49.3212.1198.521

CONSEQUENCES OF A REVOCATION
In case that the declaration of revocation is effective, the reciprocally provided performances and received gains (for example interest) are to be returned. If you cannot return the provided performance and gains (e.g. benefits of use) or if you can only return them partially or only in a deteriorated condition, you must provide compensation. You must only provide compensation for deteriorated goods and received gains, if the gains or the deterioration are a result of using the goods beyond an examination of their quality and functionality. “Examination of quality and functionality” means testing and trying the respective goods in such a way feasible and common in a retail store. Goods that can be sent by parcel post can be returned at our cost and our risk. Goods that cannot be sent by parcel post will be collected. Obligations to reimburse payments must be fulfilled within 30 days. This time period will begin for you when you send your declaration of revocation or the goods, it will begin for us upon their receipt.

END OF THE CANCELLATION POLICY

Please note:
The right of revocation does not exist for distance contracts for the delivery of goods that cannot be returned due to their nature or for Software if the delivered data carriers have been unsealed by the consumer.

If licenses were ordered by mistake, then the order can only be revoked or altered within the time limit to assert the right of revocation, if the Software has not been activated.

9. Warranty

The statutory provisions shall apply.

10. Export Restrictions and Regulations

10.1. Please note that the Software or other technology obtained in the course of this agreement may not be transferred, exported or re-exported to countries (or to a citizen or resident of such a country) that are subject to an embargo of the United States of America or to a person listed in the regulations of the Treasury Department or Department of Commerce of the United States of America.

10.2. The Software may not be sold, rented or provided to and may not be used by persons and entities which are involved with activities regarding weapons of mass destruction, including but not limited to activities regarding the conception, the development, the production or the use of nuclear materials, nuclear systems, nuclear weapons, chemical weapons, biological weapons, rockets or regarding the support of rocket systems.

10.3. 3D-Tool GmbH & Co. KG may not sell, rent or otherwise transfer the Software to a person which is located in such a country, controlled by such a country, is a citizen or resident of such a country, is a person named in the specified regulations or is involved in the activities specified above.

10.4. Should further export control laws or regulations for the transnational delivery or performance for the country of the customer exist, the customer shall independently initiate and carry through the necessary procedures, obtain the necessary permits and shall – if so required – provide the permits to 3D-Tool GmbH & Co. KG.

10.5. If further costs for customs, fees, taxes or duties are payable in the course of a transnational delivery or performance, the customer shall carry these costs.

11. Data Protection Declaration

11.1. The 3D-Tool GmbH & Co. KG hereby ensures that personal data is only collected, stored and used in accordance with the applicable data protection regulations and other legal regulations. If personal data has been made available to the 3D-Tool GmbH & Co. KG, then this data shall only be used to answer inquiries, to execute contracts and for technical administration.

11.2. The customer consents to the collection, processing and further processing of his personal data for the purpose of the execution of this agreement. The customer has the right to request a report in regards to what personal data is stored for him or the deletion of his data, if the data is no longer required for the execution of the agreement.

12. General

12.1. The laws of the Federal Republic of Germany are applicable.

12.2. The contractual language is German or English, depending on the language used for concluding the contract.

12.3. If the customer has no place of general jurisdiction in Germany, the place of jurisdiction is the place of business of the
3D-Tool GmbH & Co. KG. However, the 3D-Tool GmbH & Co KG also has the right to file an action against the customer at the latter’s place of jurisdiction of the domicile.

12.4. If an individual stipulation of this agreement should be invalid or not executable or become invalid or not executable upon conclusion of the agreement, the validity of the remaining agreement shall not be affected.