Geological Software

General Terms and Conditions of Geological Software

1. General

       1.1 All achievements which are worked out for a customer, are carried out   without exception on   the basis of the following general  terms and conditions (GTC). Other regulations are only valid when they are agreed by both Geological Software and   the customer in writing.       

1.2 The software Fabric8 may be downloaded from free of  charge. To run the software after a gratis test period of one month a licence has to be purchased.

2.      Conclusion of contract

 2.1  A contract with Geological Software can only be made by persons who are older than 18 years and who are fully capable for business.

2.2  Through the order of a software licence in the web the customer gives a conclusive and binding offer for a purchase contract.

3.      Time of delivery

 3.1 The software licence is sent immediately after payment to the e-mail address of the  customer.

3.2 In case of delay of delivery, not caused by Geological Software, no regress can be given by Geological Software

4.      Price and payment

4.1  In Austria the Vat is added to the indicated price. Vat must also be paid by persons from the EEA who do not have a valid VID number. Persons from EEA with valid VID number use the reverse charge system. Persons outside the EEA pay Vat in their country.

4.2  The indicated price at the time of the offer is valid for billing.

4.3  Payment for the software licence is done online by credit card or Maestro card. When payment is accomplished, the licence is sent to the e-mail address of the client. Exceptions from this procedure are only valid when they are agreed in writing by the customer and Geological Software.

5.      Acceptance of responsibility

5.1  Claims of the customer based on a deficiency of the license are handled following the law.

5.2  The customer has to check the licence when he receives it. Deficiencies have to be reported immediately to Geological Software. In case a deficiency is detected later, it also has to be reported immediately to Geological Software. In case of no report the licence is accepted.

5.3  Change caused by customer’s inappropriate usage of the software is not a deficiency in this sense.

5.4   The period of guarantee is two years from receiving the licence.

5.5  Guarantee ceases with unauthorized manipulation on the software by the customer or other persons.

6.      Limitation of liability

6.1  Further demands of the customer are excluded, regardless of the legal cause.

6.2  Limitation of liability is not valid when the cause of damage is based on intent or gross negligence. Limitation of liability is also not valid when the customer claims legal demands.

6.3  The regulations of the product liability act are hereby not touched. To the extent Geological Software is liable in the event of an infringement of essential contractual  obligations, this liability shall be limited to typical damages.

7.      Data Security

The customer agrees that the data he gave to Geological Software are saved. Please notice that these data are only used to carry out the purchase process. They may also be necessary in case of further questions. Geological Software keeps these data and does not give them to other people.

8.      Copyright

All photos, logos, and texts which are developed by us cannot be copied without our agreement. All rights are reserved.

9.      Competency of a court

9.1  Competent court is the one at the physical seat of Geological Software.  

9.2  For all disputes which might result from these legal relations Austrian law has to be applied. The use of UN right of purchase is excluded.

10.  Validity of the GTC

With an order of a licence the customer acknowledges the GTC of Geological Software. In case that one point of the GTC is invalid (by reasons whatsoever) the validity of the other points is not affected. Agreements outside the GTC must be written down.

Graz, March 23, 2013