Licensing Terms


The language of the contract is German. German law applies exclusively. The German version (Link) of these general terms and conditions is binding. The English version is for information purposes only.


General Terms and Conditions of Business and for Licensing
The following General Terms and Conditions of Business and for Licensing (GTC) also contain legal information on your rights according to the German regulations on contracts in distance selling and electronic business transactions.

1. Scope of these Conditions

1.1. The following GTCs regulate the legal relationship between the operator, Mr. Michael Knothe (hereinafter: "Seller" or "Provider"), and the customer established via this website. They apply in the version valid at the time the contract is concluded, insofar as the respective GTCs have been made available to the customer. The Seller does not accept deviating terms and conditions of the customer, unless they were expressly agreed upon between the parties. Otherwise, they are hereby expressly rejected. Individual agreements and legally binding regulations remain unaffected by these provisions.

1.2. These GTCs apply to customers who are consumers as defined by Section 13 German Civil Code (hereinafter: "Consumer") or entrepreneurs as defined by Section 14 German Civil Code (hereinafter: "Entrepreneur"), unless individual provisions apply to legal relationships with consumers or entrepreneurs only.

- A Consumer, as defined in Section 13 German Civil Code, is every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.

- An Entrepreneur, as defined in Section 14 German Civil Code, is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession. A partnership with legal personality is a partnership that has the capacity to acquire rights and to incur liabilities.

1.3. The language of the original contract is German. The law of the Federal Republic of Germany applies to the contractual relations between the Seller and the customer. The following provisions do not affect the provisions of the customer's country of residence exceeding the German consumer rights that work in his favor. The UN Sales Convention does not apply.

2. Offer and Conclusion of Contract

2.1 The presentation of the downloadable software on the website does not constitute a legally binding offer, but an invitation to place an order.

2.2 If you have found a download offer on the website, please follow the order process, which is also linked in the installation instructions. At the end of the ordering process, you will be taken to an overview page where you can review all the data you have entered, the method of payment and the order itself, and make corrections if necessary. On this page, you will also find information about a possible right of withdrawal and the content of the General Terms and Conditions (GTC). Only by clicking on the order button do you submit your binding declaration of intent to purchase the products listed in the shopping basket at the prices stated there.

2.3. We can accept the order either by sending an order confirmation as a binding declaration of acceptance or by enabling the download, thereby concluding the contract.

3. Warranty

3.1. The customer's warranty rights are based on the general statutory provisions of the German Civil Code (BGB), unless otherwise specified below.

3.2. For the different type of customers, the period for warranty claims is limited as follows:
- for Consumers as defined by Section 13 German Civil Code: 2 years;
- for Entrepreneurs as defined by Section 14 German Civil Code: 1 year.
The statutory limitation periods for customer claims for damages due to injury to life, limb or health or to claims for damages due to a breach of material contractual obligations cannot be shortened. Material contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and/or on whose compliance the customer may regularly rely. Likewise, the statutory limitation period for claims for damages based on an intentional or grossly negligent breach of duty by the Seller, his legal representatives or vicarious agents cannot be shortened. Section 478 German Civil Code and the regulations of the German Product Liability Law (ProdHaftG) remain unaffected by this regulation.

3.3. The Seller does not provide any guarantee. This does not affect the warranty rights.

4. Prices, Payment, Maturity

4.1. For Consumers, the download and use of the software is free of charge in accordance with the licensing conditions for private use without commercial or industrial intent.

4.2. For Entrepreneurs, associations, foundations or other legal entities, the download and use of the software is subject to a fee. The product prices indicated are gross prices, and are stated in EURO. They include 19 % value added tax.

4.3. There are no separate shipping and/or packaging costs. The costs for data transfer (costs of the Internet connection) are borne by the Customers themselves.

4.4. The Seller only accepts the payment methods shown on the respective offer page. If no payment methods are indicated, the purchase price is to be paid by bank transfer (advance payment).

4.5. The payment of the purchase price is due upon conclusion of the contract.

5. License Agreement

5.1. Consumer License Agreement
The Provider hereby grants you, subject to the Terms and Conditions of this agreement, a non-exclusive and non-transferable license to use the software in unmodified form on a single website for your personal private use only and not for the purchase, sale, or delivery or performance of any product or service to any third party or for any other commercial or business purpose.
Unless you have been granted special permission by the copyright holder, you may not do the following or allow third parties to do the following:

- You may not use the software for commercial or other business or industrial purposes.
- You may not distribute the software to third parties.
- You may not link the download link on the download page www.kontaktformular.com on your site. The download page may be freely linked, the direct download link may not.
- You may not modify the software unless this is unavoidable for its use.
- The copyright notice may not be manipulated, removed, superimposed or otherwise hidden in any form. The origin and name of the original product must continue to be clearly identifiable and must be made public on request. If you want the copyright notice to be removed, please contact the Provider to have it removed in return for payment of an additional fee.

5.2. License Agreement for Entrepreneurs, Associations, Foundations or Other Legal Entities
The Provider hereby grants you a non-exclusive and non-transferable license to use the software in unmodified form on a single website, subject to the Terms and Conditions of this Agreement. The license is valid for an unlimited period.
Unless you have been granted special permission by the copyright holder, you may not do the following or allow third parties to do the following:

- You may not distribute the software to third parties.
- You may not link the download link on the download page www.kontaktformular.com on your site. The download page may be freely linked, the direct download link may not.
- You may not modify the software unless this is unavoidable for its use.
- The copyright notice may not be manipulated, removed, superimposed or otherwise hidden in any form. The origin and name of the original product must continue to be clearly identifiable and must be made public on request. If you want the copyright notice to be removed, please contact the Provider to have it removed in return for payment of an additional fee.

5.3. Program Code Adoption
You may only use program code from individual parts of the software in other projects with the written permission of Mr. Michael Knothe. If a request for program code adoption is approved, the other provisions continue to apply. Existing references, for example the copyright notice, must continue to be clearly recognizable and contain a link to the page www.kontaktformular.com. Furthermore, you must clearly identify the program code taken from the PHP contact form and clearly state its source.

5.4. Consequences of a Breach of the License Conditions
Any violation of the aforementioned license conditions will result in the immediate loss of the right of use and will also be prosecuted under civil and, possibly, criminal law.

6. Release of Liability

The Provider is under no obligation to verify to users of the product whether the publication or use of the product or its contents impairs or violates the rights of third parties or the laws of the Federal Republic of Germany, another state or an international federation of states. This is the sole responsibility of the user. The user indemnifies the Provider from all claims of third parties made against the Provider based on a possible infringement of rights by the publication or use of the products. He must compensate the Provider for all damages arising and/or already incurred as a result of the enforcement of such claims.



7. Liability

7.1 In accordance with the statutory provisions, we are liable without limitation for damage to life, body and health resulting from a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, as well as for damage covered by liability under the German Product Liability Act (Produkthaftungsgesetz). For damages not covered by sentence 1 that are based on intentional or grossly negligent breach of contract as well as fraudulent intent by us, our legal representatives or our vicarious agents, we are liable in accordance with the statutory provisions. In this case, however, the liability for damages is limited to the foreseeable, typically occurring damage, unless we, our legal representatives or our vicarious agents have acted intentionally.


7.2 We are also liable for damages caused by simple negligence, insofar as the negligence concerns the breach of such contractual obligations, the observance of which is of particular importance for the achievement of the purpose of the contract. However, we are only liable insofar as the damages are typically associated with the contract and are foreseeable.


7.3 Any further liability is excluded regardless of the legal nature of the asserted claim; this applies in particular to tortious claims or claims for compensation for futile expenditure instead of performance.


7.4 Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.



8. Final Provisions

8.1. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from or based on this contract is our registered office in Erfurt. This also applies to persons who do not have a general place of jurisdiction in Germany, or persons who have moved their residence or usual place of abode outside of Germany after conclusion of the contract, or whose residence or usual place of abode is not known at the time the complaint is filed.


8.2. In other respects, the court of the place where the obligation in dispute is to be fulfilled or where the customer has his registered office or usual place of residence has jurisdiction over disputes arising from a contractual relationship and its existence.


8.3. If a provision of these General Terms and Conditions is invalid, this will not affect the validity of the remaining provisions.


July 12, 2010