Section 1 Scope of Application
(1) These General Terms and Conditions (hereinafter – “GTC”) are incorporated by DPC
Software GmbH (hereinafter referred to as “Seller” or “we”, “us”) into all its contracts with customers (hereinafter – referred to as “Buyer”, “Customers”, “you”), both private and business, regarding the standard statistical and data science software offered.
(2) Any general terms and conditions of the Buyer shall not become
part of the contract.
(3) Individual agreements reached shall take precedence over these terms and conditions.

Section 2 Subject Matter of the Contract
(1) The Buyer acquires from the Seller the computer program selected during the ordering process
exclusively in object code (hereinafter: “Software”) including the associated user documentation as well as the rights of use described in Section 3.
(2) In return, the Buyer pays the Seller the purchase price specified in the webshop at the time of the order, unless a different purchase price was agreed upon in an individual contract.
(3) The Seller shall provide the Buyer with a copy of the Software on a physical data carrier or as a download and the user documentation, and shall provide the license key.
(4) No adaptation of the Software to the customer’s IT environment is required. Warranty rights remain unaffected by this.
(5) The quality of the Software is determined conclusively by the description on the Seller’s website. Except where an individual contract expressly designates a guarantee as such, the Seller grants no guarantees.
(6) Services going beyond this section, in particular installation,
configuration, training, and instruction services, are not the subject of the contracts concluded under these GTC. Our training offers are subject to other agreements.

Section 3 Granting of Rights of Use
(1) The granting of rights of use for the Software takes place in the relationship between the software manufacturer and you according to the terms of the software manufacturer’s EULA.
(2) If the customer fails to meet their payment obligation for the invoice amount within a grace period of fourteen (14) days from the first reminder despite a reminder, the Seller is entitled, after appropriate notice, to activate a block for further use of the software. Section 4 Retention of Title If the goods are a physical object, they remain the property of the Seller until full payment of the purchase price.

Section 5 Warranty
(1) The Seller warrants that the Software and the user documentation have the
agreed quality and that no third-party rights conflict with the use by the Buyer to the contractually agreed extent in the country of first acquisition of the Software. The Seller is not liable for deviations from the agreed quality and conflicting rights based on use contrary to the contract or unauthorized changes by the Buyer or third parties.
(2) The Buyer has the right to choose whether to remedy a defect by way of repair or replacement. This applies accordingly to defects in title. Repair is also deemed to have occurred if the Seller provides the Buyer with temporary solutions, provided these remedy the defect. The same applies if the defect can be bypassed by a different use of the Software, provided the Buyer can still reasonably use the Software. The Buyer is obliged to accept a new software version if the contractually agreed functional scope is maintained and the acceptance does not lead to significant disadvantages for the Buyer. The repair includes, as far as necessary, the adaptation of the user documentation.
(3) If the Buyer is not a consumer within the meaning of Section 13 BGB (German Civil Code), they may only withdraw from this contract or demand a reduction in the purchase price as well as damages according to legal regulations after two
failed attempts at subsequent performance. The prerequisite for this is that the Buyer, after a failed attempt at subsequent performance, has unsuccessfully requested the Seller in writing to remedy the defect within a reasonable period and has pointed out that they will otherwise exercise their legal warranty rights.
(4) If the Buyer is not a consumer within the meaning of Section 13 BGB, the limitation period for warranty claims, with the exception of warranty-related
claims for damages, is 12 months. The limitation period for all
claims for damages by the Buyer, even if they are a consumer within the meaning of Section 13
BGB, is also 12 months, with the exception of claims due to intentional or grossly negligent behavior, claims for damages to life, body, and health, as well as under the Product Liability Act. If the Seller delivers the Software to the Buyer via download, the limitation period begins with the provision of the download link including the access data by the Seller.

Section 6 Liability
(1) The Seller is liable, also for its legal representatives and vicarious agents,
without limitation only
a) in the event of intent or gross negligence,
b) for injury to life, limb, or health,
c) to the extent of a guarantee assumed by it,
d) according to the Product Liability Act.
(2) The Seller’s liability for slightly negligent breaches of duties that are essential for achieving the purpose of the contract is limited in amount to the damage that is foreseeable and typical for the type of business. Otherwise, the Seller is not liable.
(3) Liability claims of the Buyer expire according to Section 5(4). Deviating from this,
the start of the period is determined by Section 199 Para. 1 BGB. Section 7 Confidentiality
(1) The Buyer is obliged to keep the Software itself, any copies, and the access data required for the download secure and protected from access by third parties.
(2) The parties are obliged not to disclose to third parties any confidential information (including
trade secrets) that they learn about the
respective other party in connection with the contractual relationship. Confidential
information is that which is marked as confidential or whose confidentiality results from the circumstances, regardless of whether it was communicated in written, electronic, physical, or oral form. This also includes information that the Seller has obtained in the course of exercising its rights under Section 69e UrhG (German Copyright Act). Confidential information in the above sense does not include information
a) that was obvious or known to the other party at the time of transmission or
subsequently became obvious without a breach of law by the other party,
b) that was made available to the other party by third parties without a breach of law, or
c) that the other party developed itself without using confidential information.
(3) The mutual confidentiality obligation according to Para. (2) does not apply if a party is obliged to disclose the confidential information by law or due to a final or legally binding administrative or court decision. The party obliged to disclose will inform the other party immediately of its obligation to disclose.

Section 8 Miscellaneous
(1) Offsetting by the Buyer is only permitted with undisputed or legally
established claims.
(2) If the Software is subject to export and/or import control restrictions, the Buyer must comply with these.
(3) German law applies to this contract, excluding the UN Convention on Contracts for the International Sale of Goods (CISG),
unless the Buyer is a consumer not residing in Germany.
(4) The exclusive place of jurisdiction for all disputes in connection with the
contracts concluded under these GTC is Leverkusen, unless the Buyer is a consumer.
(5) The contract language is German.
(6) If the Buyer is a consumer, they are instructed as follows:

Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, you must inform us (DPC Software GmbH, Ludwig-Erhard-Platz 1, 51373 Leverkusen, +49 (0)212 / 22 47 16 -0, Email: info@dpc-software.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied
evidence of having sent back the goods, whichever is the earliest.

Model Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To DPC Software GmbH, Ludwig-Erhard-Platz 1, 51373 Leverkusen:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.