This is a non-binding English translation. The German version (AGB) is legally binding.
of
Muharrem Kocyigit, FasWorks
Leitenstraße 38
89423 Gundelfingen, Germany
a) These Terms and Conditions apply to all contracts for the purchase and use of FasWorks software modules between Muharrem Kocyigit, FasWorks ("FasWorks"), and merchants within the meaning of § 14 BGB (German Civil Code) or legal entities under public law ("Customer"). Contracts with consumers within the meaning of § 13 BGB are not intended.
b) By placing an order, the Customer accepts these Terms. Deviating, conflicting or supplementary terms of the Customer do not become part of the contract unless FasWorks expressly agrees to them in writing.
Offers from FasWorks are non-binding. A contract is only formed once FasWorks issues a written order confirmation or provides the ordered license to the Customer.
a) The subject of the contract is the provision of individual FasWorks modules selected by the Customer for use within the respective supported CAD system (see the product description of the relevant module).
b) The specific scope of services (included modules, number of licenses, term) results from the order confirmation.
a) Upon full payment, FasWorks grants the Customer a simple, non-exclusive, non-transferable right to use the licensed modules to the agreed extent.
b) Each license is bound to the workstation specified at license issuance (technical fingerprint) and may not be transferred to other workstations without FasWorks's consent.
c) Passing on, renting, sublicensing or otherwise providing the software to third parties, for payment or free of charge, is not permitted without FasWorks's prior written consent.
d) Decompilation, disassembly or other reverse engineering of the software is only permitted to the extent allowed by law (§ 69e UrhG, German Copyright Act).
a) The prices stated in the offer or order confirmation apply. As a small business within the meaning of § 19 UStG (German VAT Act), FasWorks does not charge VAT.
b) Unless otherwise agreed, invoices are due for payment within 14 days of the invoice date, without deduction.
The license is provided to the Customer by e-mail or for download after full payment. License verification takes place locally on the Customer's computer; no internet connection to a FasWorks server is required during operation.
a) FasWorks warrants that the software substantially corresponds to the functions stated in the respective product description.
b) FasWorks is liable for defects in accordance with statutory provisions, unless otherwise stipulated below. The warranty period is 12 months from provision.
c) The Customer is obliged to notify FasWorks in writing of obvious defects within two weeks of provision.
a) FasWorks is liable without limitation for intent and gross negligence, under the German Product Liability Act, and for injury to life, body or health.
b) In the event of slightly negligent breach of material contractual obligations (cardinal obligations), FasWorks's liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.
c) Otherwise, FasWorks's liability is excluded. This applies in particular to indirect damages, loss of profit and data loss, unless paragraph a) applies.
d) The Customer is solely responsible for the accuracy and verifiability of drawings, parts lists and calculations created using FasWorks modules. The modules support design work but do not replace professional review by the Customer.
Where a license with a limited term (e.g. an annual license) has been agreed, it does not renew automatically. The respective term results from the order confirmation. For licenses granted without a time limit, there is no right of termination regarding the granted usage rights; however, FasWorks may block the license for good cause in the event of a serious breach of contract by the Customer (in particular a violation of § 4).
All delivered license keys and modules remain the property of FasWorks until full payment has been received.
Information on the processing of personal data, in particular in connection with license issuance, can be found in the Privacy Policy.
a) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
b) To the extent permitted by law, the place of jurisdiction for all disputes arising from or in connection with this contract is the registered seat of FasWorks.
c) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.