This website, including any subsite accessible through the homepage www.perfacct.eu (hereinafter "Site") and www.macc.perfacct.eu (hereinafter "PERFACCT-Demonstrator"), is published and maintained by subsidiaries, affiliates and/or related entities of PERFACCT UG (haftungsbeschränkt) (hereinafter "PERFACCT"). Please note that when you enter any subsite accessible through this homepage, such subsite may have its own terms and conditions of use which is specific to such subsite. This Site/PERFACCT-Demonstrator may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you may enter. When you access, browse or use this Site/PERFACCT-Demonstrator you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any subsite.
Your right to use the Site/PERFACCT-Demonstrator and its contents
Both private and business use of the PERFACCT-Demonstrator service are free of charge. However; forwarding our services to third parties for payment is strictly prohibited. PERFACCT is entitled to modify (e.g. reduce, restrict, or expand) its free online services at all times and at its own discretion. Such modifications shall not affect the validity of the following terms and conditions.
All materials on this Site/PERFACCT-Demonstrator, including but not limited to audio, images, software, text and video clips (the "Content"), are protected by copyright under international conventions and copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site/PERFACCT-Demonstrator limiting the way you may use the Content. There are a number of proprietary logos, service marks and trademarks found on this Site/PERFACCT-Demonstrator. By making them available on this Site/PERFACCT-Demonstrator, PERFACCT is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. You may not distribute, exchange, modify, sell or transmit anything you copy from this Site/PERFACCT-Demonstrator, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. You agree not to interrupt or attempt to interrupt the operation of this Site/PERFACCT-Demonstrator in any way.
Using interactive functions and entering content on the Site/PERFACCT-Demonstrator
In special areas (especially the PERFACCT-Demonstrator) PERFACCT enables you to communicate with PERFACCT and third parties via the Site/PERFACCT-Demonstrator. Here you can enter textual content or submit content and applications. PERFACCT assumes no liability or responsibility arising from the contents of any such communications.
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site/PERFACCT-Demonstrator may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). Sending a message to PERFACCT does not cause PERACCT to have any special responsibility to you.
Rules for Chatrooms, Bulletin Boards and Other User-Supplied Material This Site/PERFACCT-Demonstrator may have an area which allows you to "chat" or upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload or otherwise publish through this Site/PERFACCT-Demonstrator, any materials that (1) interfere with anyone else's use of the Site/PERFACCT-Demonstrator; (2) are abusive, illegal, indecent, obscene, offensive or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site/PERFACCT-Demonstrator or any subsite within the Site/PERFACCT-Demonstrator.
PERFACCT UG (haftungsbeschränkt) does not assume any liability for the accuracy of the offered service (especially the PERFACCT-Demonstrator) nor for the availability of it.
All rights regarding the software developed to enable these online services, the underlying databases, and all other content are held by PERFACCT UG (haftungsbeschränkt) insofar as further authors and copyright holders are not explicitly named.
Protection of your personal information
These Terms and Conditions of Use and any additional terms posted on this Site/PERFACCT-Demonstrator together constitute the entire agreement between PERFACCT and you with respect to your use of this Site/PERFACCT-Demonstrator.
Find information about this Site/PERFACCT-Demonstrator and to contact PERFACCT on www.perfacct.eu/en/imprint
General Terms and Conditions of Business and Licensing
of PERFACCT UG (haftungsbeschränkt), August-Bebel Strasse 27, 14482 Potsdam, Germany, legally represented by the Chief Executive Daniel Grade. (hereinafter "PERFACCT")
Section 1 - Scope of application
- These General Terms and Conditions in the version valid at the time of the Customer's order regulate the contractual relationship between PERFACCT and persons who order software or other services from PERFACCT ("Customer"). PERFACCT and the Customer are hereinafter jointly referred to as the "Parties".
- The customer assures that he is of full age and has unlimited legal capacity and that he, as far as he acts as a representative, has the appropriate authority to represent.
- Verbal collateral agreements between the parties do not exist. These general terms and conditions of business and licensing apply exclusively. Any terms and conditions of the Customer that deviate from or contradict these General Terms and Conditions shall not apply; this shall also apply if PERFACCT does not expressly contradict the terms and conditions of the Customer.
- The customer is only entitled to the right of revocation according to Section 3 if he is a consumer, i.e. a natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his self-employed professional activity.
- The term "Software" in these General Terms and Conditions covers both the PERFACCT compiler and the binaries and other forms of delivered code created and delivered by PERFACCT.
Section 2 - Conclusion of contract
- The information contained in catalogues, advertisements and Internet pages are non-binding and subject to change without notice and do not represent an offer by PERFACCT.
- The customer's order represents an offer to PERFACCT to conclude a sales contract for the software ordered by the customer. If the Customer places an order via Internet or e-mail, he will receive an e-mail from PERFACCT confirming receipt of the order and containing details of the order (order confirmation). This order confirmation does not constitute an acceptance of the Customer's offer, but merely informs the Customer that his order has been received by PERFACCT.
- The customer is bound to his order at PERFACCT for 14 days after receipt.
- A sales contract between PERFACCT and the customer about the ordered software or other service is only valid when PERFACCT accepts the order by a further e-mail or by fax or post to the customer (declaration of acceptance) or fulfils it by sending an activation key for the ordered software. PERFACCT reserves the right to accept the offer only for a part of the ordered software. No sales contract is concluded for software that is not listed in the acceptance declaration or for which no activation key was sent to the customer.
Section 3 - Right of withdrawal for consumers in distance contracts
If the customer is a consumer and has purchased the software from PERFACCT exclusively by using means of distance communication (e.g. by letter, catalogue, e-mail or internet), he has a right of revocation according to the following provisions. The customer is no longer entitled to a right of revocation if he has downloaded the software via the Internet or other means of electronic communication and paid for it in full.
You can cancel your contract within 14 days without giving reasons in writing (e.g. letter, fax, e-mail) or - if the goods are delivered to you before the deadline - also by returning the goods. The deadline begins upon receipt of this instruction in writing, in the case of delivery of goods, however, not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery), in the case of the provision of services, however, not before conclusion of the contract, and also not before fulfilment of our duties to provide information pursuant to Article 246 § 2 in conjunction with § 1 Section 1 and 2 German EGBGB and our duties pursuant to § 312g Section 1 Clause 1 German BGB in conjunction with Article 246 § 3 German EGBGB. The timely dispatch of the revocation or the goods suffices to comply with the revocation period. The revocation is to be addressed to:
PERFACCT UG (haftungsbeschränkt)
In the case of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be returned. If you are unable to return or surrender to us the goods or services received or their uses (e.g. advantages of use), or if you are unable to return or surrender them in full or in part, or only in a deteriorated condition, you must pay us compensation for the value of the goods or services in this respect. This can lead to the fact that you must fulfill the contractual payment obligations for the period up to the revocation nevertheless. For the deterioration of the goods and for any use made of them, you must pay compensation only if the use or deterioration is attributable to a handling of the goods that goes beyond the inspection of the properties and functionality. "Testing the properties and functionality" means testing and trying out the respective goods, as is possible and usual in a retail shop, for example. Items that can be sent by parcel post are to be returned at our risk. You have to pay the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euro or if, in the case of a higher price of the goods, you have not yet paid the consideration or a contractually agreed partial payment at the time of revocation. Otherwise the return is free of charge for you. Items that cannot be sent as parcels will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or of the goods, for us with their receipt.
Your right of withdrawal expires prematurely if the contract is completely fulfilled by both parties at your explicit request before you have exercised your right of withdrawal.
— End of revocation instruction —
Section 4 - Delivery and download of the software
- The delivery of the software takes place by transmission of a link to the download and an activation key for the ordered software to the e-mail address given by the customer in his order. Using this link and this activation key, the customer can download and activate the software from PERFACCT's website at www.perfacct.eu.
- PERFACCT is entitled to partial deliveries and partial services to a reasonable extent.
Section 5 - License
- PERFACCT is the owner of the copyright and other commercial property rights to the software and reserves all rights to the software, unless these have been expressly granted to the customer in these General Terms and Conditions.
- PERFACCT grants the customer a simple, temporally unlimited right of use to the software (hereinafter "license"). The license entitles the customer to install the software in object code on a single computer and to use it for its intended purpose.
- In particular, the Customer is prohibited from reproducing, renting or leasing the Software in whole or in part, translating, editing or otherwise modifying the Software, sublicensing the Software, or publicly reproducing the Software by wire or wireless means, including making it publicly available in such a way that it is accessible to members of the public from locations and at times of their choice. The customer is also prohibited from decompiling, disassembling or reverse engineering the software, unless the customer is entitled to do so under the relevant mandatory copyright law.
- All rights to the source code of the software belong exclusively to PERFACCT. The customer has no right of access to the source code or publication of the source code. § 69e of the German Copyright Act remains unaffected.
- The license is non-transferable; the exception to this is the transfer of the program copy of the software downloaded by the customer if the customer makes the program copy installed on his computer unusable at the time of the transfer.
Section 6 - Obligations of the customer
- The customer is obliged to keep the software safe so that unauthorized access or unauthorized copying is prevented.
- The customer is prohibited from bypassing technical measures to protect the software.
- In the case of the transfer of the program copy of the software downloaded by the customer, the customer must make the program copy installed on his computer unusable at the time of the transfer and must inform PERFACCT of the name and address of the recipient of the software.
- The customer himself is responsible for ensuring that he complies with the license terms of third parties. If for the execution of the binaries the program of a third party is necessary, the customer hereby assures to own a license for the program of the third party and to behave according to the license terms of the third party.
Section 7 - Remuneration, Terms of Payment, Offset Prohibition
- The current prices stated in catalogues, advertisements and/or Internet pages of PERFACCT shall apply. All quoted prices are in Euro and include sales tax. Unless otherwise stated, the prices - errors and printing or typing errors excepted - refer to the respective software products depicted in the catalogues, advertisements and the PERFACCT website in accordance with the corresponding description.
- The payment of the remuneration shall be made against advance payment by means of the payment methods offered on the PERFACCT website. PERFACCT reserves the right to exclude certain payment methods. For registered customers, PERFACCT can also offer payment against invoice. On invoicing, PERFACCT reserves the right to conduct a credit check. All claims become due upon receipt of the invoice and are payable without deduction. Cheques shall only be accepted on account of performance; payment shall not be deemed to have been made until PERFACCT can access the amount. The costs of the transfer of funds shall be borne by the customer.
- The customer shall be in default without further declarations by PERFACCT if he has not paid within 30 days of the due date and receipt of the invoice.
- A set-off by the customer is excluded, unless the counterclaim of the customer is undisputed or legally established.
Section 8 - Warranty
- PERFACCT guarantees during the legal warranty period that the functionality of the software essentially matches the specification of the software.
- PERFACCT does not guarantee that the software meets the requirements of the customer. PERFACCT does not assume any warranty for technical details or the suitability of the software for a certain purpose, unless otherwise stated in the specification of the software. Specification of the software or other documentation specifications shall not constitute warranties, unless expressly designated as such.
- In the event of a warranty claim, PERFACCT will remedy defects in the software at its own discretion by troubleshooting, replacement procurement, updates or releases of a new version of the software. PERFACCT shall be entitled to two attempts at rectification. If PERFACCT fails to remedy the defects within a reasonable period of time, Customer shall be entitled to reduce the remuneration ("reduction"). If the defect is substantial, the Customer shall be entitled to rescind the contract instead of reducing the purchase price.
- The customer is not entitled to any warranty claims,
- if he does not use the software as intended or misuses it, or
- if he modifies or alters the software without the prior written consent of PERFACCT, or
- if problems or errors are due to the fact that the Software was used with programs that are not compatible with the Software, unless the Customer proves that the defect is due to the Software.
- If the customer is entitled to a claim for damages or reimbursement of futile expenses due to warranty, this is subject to the limitation of liability of the following section 9.
Section 9 - Limitation of liability
- PERFACCT is not liable for damages, delays or performance hindrances which are outside the area of responsibility of PERFACCT.
- PERFACCT is not liable for damages resulting from unsuitable, improper or unintended use of the software.
- No matter on which legal grounds PERFACCT is only liable for damages caused intentionally or grossly negligently or if the damages are culpably caused by PERFACCT due to injury of life, body or health, or in case of culpable violation of a major contractual obligation or cardinal obligation or in case of non-fulfilment of a guarantee or if a defect was fraudulently concealed by PERFACCT. A "cardinal obligation" shall be an obligation of PERFACCT, the fulfilment of which makes the proper execution of the contractual relationship between the parties possible in the first place, the breach of which endangers the achievement of the purpose of the contract and the observance of which the customer regularly relies on.
- In the event of the breach of a material contractual primary obligation or cardinal obligation, which is attributable to simple negligence, the liability of PERFACCT is limited to the typically foreseeable damage.
- Any further liability of PERFACCT is excluded. Liability according to the German Product Liability Act remains unaffected by these General Terms and Conditions.
Section 10 - Applicable law
The contractual relationship between the parties and all disputes arising out of or in connection with this contractual relationship shall be governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Section 11 - Place of jurisdiction
If the Customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, or moves its domicile or habitual residence outside Germany after conclusion of the contract, or if its domicile or habitual residence is not known at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship between the parties in all of these cases shall be the place of business of PERFACCT.
Section 12 - Severability clause
Should one or more provisions of these general terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.