INFORMATION ACCORDING TO § 5 TMG AND GDPR

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EXTERNAL LINKS DISCLAIMER

LICENSE TERMS FOR THE PURCHASE AND TECHNICAL SUPPORT OF SOFTWARE OF TIBEK CNC-TECHNIK GMBH (“TIBEK”)

1.THE SUBJECT OF THE AGREEMENT

1. The purchase of any Tibek software, as well as the purchase of software support services, must comply with license terms herein for the purchase and technical support (hereinafter “License Terms”).
2. Unless otherwise stated, the software package purchased from Tibek consists of “SmartWOP” software and customer documentation (electronic user manual), hereinafter collectively referred to as “Software“.
3. Through the use of software, the customer receives support in developing the concept of certain furniture designs and creating their own processing programs with specific instructions for the production of these wood products on special, determined in the specification woodworking CNC machines.
4. Services for the implementation of technical support for software are to update the current released version of the software purchased in accordance with the license terms herein. Software technical support does not include hardware facilities support.
5. The license terms herein relate exclusively to the sale of software and the provision of services for the implementation of software technical support for entrepreneurs in accordance with § 14 of the German Civil Code (“BGB“).

SECTION ON THE SALE OF SOFTWARE

2. SOFTWARE TRANSFER

1. The software is transferred to the Buyer for an extended period. By mutual agreement, the software transfer occurs by downloading it. For this purpose, Tibek provides the Buyer with the opportunity to download the software from the home page of their website www.smartwop.com.
2. The Buyer selects the software on the home page of the website and provides with the data necessary for the order. Tibek sends to the Buyer by e-mail the serial number for the software activation. The Buyer saves the serial number for further use.
3. After downloading and installing the software, it is activated at the first start by entering the serial number. This process, as a rule, occurs completely automatically and ensures the transfer of the activation code. If this process is prevented by the network security device or the Buyer, the code can be created manually via the web interface and then used for activation.

3. COPYRIGHTS AND BACKUP COPY RIGHTS

1. The Buyer has the right to download the software from the home page of the Tibek website and save it to an external memory of large capacity on the computer. Moreover, the Buyer has the right to copy the program provided, if appropriate copying is necessary for its exploitation. The necessary installation is, first of all, the installation of the program as well as its downloading to the core memory.
2. Other copies, including printout of the program code on a printer, as well as printing or photocopying the user manual in full or in parts, are not permitted to be made by the Buyer.
3. The software is protected from unauthorized copying by a licensed server. For a request for the eligibility of a license, a permanent connection of the relevant hardware of the Buyer with the Internet excess is required. For these purposes, the Buyer gives Tibek the right to access its hardware. To verify the eligibility of the license, the following information is requested: application date, software serial number, license type, the name of the version, IP address of the requesting computer, and the hardware ID number.
4. If the online activation of the software is not possible for the reasons explained by the Buyer, then for the use of the software, Tibek upon request will provide on a reimbursable basis an electronic protective USB-key and specifically provided for its application software. The same method is used in the case when the Buyer intends to use the software on a network. In the case of failure in work of the provided electronic protection key, the Buyer may request a backup copy from Tibek on condition that the defective part is returned. The electronic protective USB-key is an inseparable part of the software. Loss or theft of said electronic protective USB-key will be regarded equal as loss or theft of the software itself. Tibek CNC-Technik GmbH and its representatives cannot be held liable for lost or otherwise absent electronic protective USB-keys.
5. Using the software in a virtual environment (virtual machine or computer) is not possible.

4. MULTIPLE APPLICATION AND NETWORK USAGE

1. The Buyer has the right to use the software on any suitable hardware at his disposal. In the case of hardware replacement, the Buyer is obliged to remove the software from the previously used hardware and request a new activation from Tibek.
2. Simultaneous recording into memory, storage in reserve or use on more than one hardware is not permitted. If the Buyer wants to simultaneously use the software on multiple configurations of hardware, for example, several employees or on a different computer, the Buyer must purchase the corresponding number of software units.
3. The use of the transferred software in a network or another multiple-device computer system is not permitted. If the Buyer wants to use the software in a network or another multiple-device computer system, the Buyer is obliged to pay a special network charge to Tibek, the amount of which is determined by the number of users connected to the computer system. Tibek will promptly notify the Buyer of the amount of network fee in a particular case as soon as the Buyer informs Tibek in writing about the planned use of the software in a network with the number of connected users. The use of the software in such network or a multiple-devices computer system is permitted only after the payment of the network fee in full.

5. DECOMPILATION AND MODIFICATION OF THE PROGRAM

1. The reconstruction of the original transmitted program code into another encoding (decompilation), as well as other types of reverse engineering of various levels of software development (reverse engineering), including program changes are not permitted. The prohibition does not apply to legally permitted cases of use pursuant to §69 of the Copyright Act.
2. Removing copy protection, especially an electronic security key or similar security mechanisms, as well as limiting the access of the license server to the software version in use is not permitted.
3. Copyright marks, serial numbers and other distinctive features used for the purposes of identifying the program, under no circumstances can be removed or altered. The same applies to suppressing the output of the corresponding distinctive features on the display.

6. RESALE AND SUBLETTING

1. The Buyer has the right to sell or donate the software, including the activation code, user manual and other accompanying materials, to third parties, provided that the acquiring third party declares its consent to the further validity of these license terms. In the case of transfer, the Buyer is obliged to provide the New Buyer with all copies of the program, including possibly existing backup copies or to destroy not handed over copies. As a result of the transfer, the previous Buyerforfeit the right to use the program. The Buyer is responsible for providing information pursuant to paragraph14 of license terms herein.
2. The Buyer has the right to transfer the software, including the user manual and other accompanying materials, temporarily to third parties, if this does not happen through the subletting for the purpose of acquisition (e.g., Application Service Providing, Software as a Service, etc.) or leasing, and the third party declares its consent to the further validity of these contract terms, and the previous Buyer provides him with all copies of the program, including possibly existing backup copies or to destroy not handed over copies. During the transfer of software to a third party, the transferring Buyer has no right to use the program.
3. The buyer has no right to transfer the software to a third party, if there is a reasonable suspicion that it violates the contract terms, in particular, unauthorized copying. This also applies to the Buyer’s employees.
4. The transfer of software to third parties does not confer to Tibek obligation to re-arrange or continue the implementation of the technical support for the software.

7. QUALITY CLAIMS REGARDING PURCHASED SOFTWARE

1. The shortcomings of the supplied software (product defects and legal deficiencies), including the user manual and other accompanying materials, are eliminated by Tibek after the relevant notice by the Buyer during the term of responsibility for the quality of the product for a period of 1 year after the first download of the software. At the option of Tibek, this happens by eliminating the shortcomings (correction) or the delivery of defect-free software (substitution of non-conforming product). The software defects caused by unauthorized third-party software are not considered shortcomings. When in doubt about the suitability of hardware and software before purchase it is recommended to ask us for authorization. Moreover, on the website www.smartwop.com you can find warnings about third-party software that causes disruptions.
2. In case of replacement of a non-conforming product, Tibek has the right to supply a new version of the program with at least equivalent functionality, except for the case when it is unacceptable to the Buyer, for example, if it requires another operating system or more efficient hardware. Replacement of non-conforming goods occurs in the same way as primarys upply by opening access to the software on the home page of the website of Tibek and downloading it by the Buyer. Re-adaptation of the user to the possibly changed structure of the program or its accompanying materials is not a ground of inadmissibility.
3. Quality claims do not apply to software modified by the Buyer or a third party without the permission of Tibek. This provision does not apply if the Buyer proves that the alleged deficiency was not caused by these changes or the Buyer has only installed new versions of the software provided by Tibek. Furthermore, quality claims do not apply to software that the Buyer uses in an inconsistent hardware and software environment, unless the customer proves that this use was not the cause of the claimed defect. Tibek is also not responsible for defects caused by incorrect maintenance, as well as operating conditions or the use of unsuitable means of operation by the Buyer.
4. If the shortcoming can not be remedied within a reasonable term and the correction of shortcomings or the replacement of the non-conformingproducts for whatever reason are declared invalid, the Buyer has the option to reduce (cut) the purchase price, to cancel the contract, to claim damages or compensation for the expenses incurred. Claims for damages or compensation for expenses incurred are regulated by paragraph 12 of license terms herein.
5. Correction of shortcomings or the replacement of the non-conforming products may be considered to be invalid only if (i) Tibek has been provided with sufficient opportunities to correct shortcomings or replace non-conformingproducts without achieving the desired result, or (ii) correction of shortcomings or replacement of non-conforming products is impossible, or (iii) Tibek refuses to fulfill or unreasonably delays correction of shortcomings or replacement of non-conformingproducts, or (iv) there are other reasons for inadmissibility.
6.  In addition to the responsibility of Tibek under paragraph 12 of license terms herein, paragraph 7 of the license terms contains the final list of all quality claims of the Buyer.

8. SOFTWARE TERMS OF PAYMENT

1. Tibek or an authorized partner issues an invoice to the Buyer for software payment.
2. Unless otherwise stated, invoice amounts are net amounts, i.e. excluding the legally prescribed turnover tax. The contractor will separately indicate in the invoice the amount of the tax rate and the amount of the turnover tax.

SECTION ON THE SOFTWARE TECHNICAL SUPPORT

9. TECHNICAL SUPPORT SERVICES, SOFTWARE UPDATES

1. Technical support of Tibek includes the following services:

1. Technical support of Tibek includes the following services:
   
   1. The update of the software transferred pursuant to these license terms up to the relevant latest versions. If further support is required to install the update, it is negotiated separately and the calculation on it is based on the current hourly rates of Tibek existing in this case.
   2. Updating the electronic user manual.
2. Technical support of Tibek does not include pursuant to this contract the following services:
   
   1. Services for the implementation of technical support for software arising from the use of software on hardware or in the operating system other than those specified in these license terms.
   2. Services for the implementation of technical support after the intervention of the Buyer in the program code of the software.
   3. Services for the implementation of technical support related to the compatibility of the software, which is the subject of this contract, with other computer programs.

10. PAYMENT FOR THE SOFTWARE TECHNICAL SUPPORT

1. Payment for software supervision and technical support of the software is due at the beginning of the contract according to paragraph 11 of the license agreement. 
2. Tibek or an authorized partner issues an invoice for payment for the technical support of the software excluding the legally prescribed turnover tax. After three years, Tibek may adjust the amount of payment for the implementation of technical support of the software in accordance with the general price dynamics in the range of 10%.

11. TERM AND TERMINATION

1. Unless otherwise stated, the contractual relationship regarding the implementation of technical support of the software commences with the activation of the software and is valid for an indefinite period.
2. Contractual relations regarding the implementation of technical support of the software may be terminated at the end of the calendar year, but not earlier than full contractual year. The period of termination of the contract is three months. Termination of the contract is effected by sending a registered letter, which Tibek should receive no later than the third working day of the first month of the termination period of the contract. Termination of the contract does not affect the purchase of the software.

GENERAL PROVISIONS OF THE AGREEMENT

12. LIABILITY

1. Claims of the Buyer for compensation of losses or indemnification for expenses shall be regulated by this section without regard to the legal nature of the claim.
2. Tibek has unlimited liability for infliction of life harm and bodily injury, bodily injury caused by Tibek’s negligent performance of its duties, as well as willful misconduct or negligent performance of duties by a legal representative or an authorized person of Tibek.
3. For other claims, Tibek has unlimited liability only in the absence of guaranteed conditions, as well as for the intent and gross negligence of its legal representatives and executive employees. For the guilt of other authorized persons, Tibek has liability limited only by petty negligence pursuant to these license terms.
4. Tibek is liable for petty negligence only in case when there is no compliance of the obligation, the fulfillment of which is of particular importance for achievement of the purpose of the contract (Essential Obligation). In case of non-compliance of the Essential Obligation, the liability is generally limited to the fivefold value of the contract (purchase price and annual payment for the implementation of the technical support of the software), as well as the extent of the damage, the occurrence of which is typical in the process of transferring the software and implementation of its technical support.
5. The liability for data loss is limited to the typical expenses of data recovery that would arise with the regular risk-related production of backups.
6. The liability for indirect damages is excluded.
7. The liability under the Act on Liability for Defective Products remains in force (§ 14 of the Act).

13. THE OBLIGATION OF VERIFICATION AND RECLAMATION

1. The Buyer should verify the supplied software including the documentation within eight working days from the date of supply, in particular with regard to the completeness of the storage medium and handbooks, as well as the suitability of the main software functions. Tibek should be notified of any apparent or obvious shortcomings within the next eight working days. The reclamation should include, if possible, a detailed description of the shortcomings.
2. The reclamation on shortcomings that have not been explored within the framework of the mentioned diligence is obliged to be submitted within eight working days from the moment of their detection, subject to the claim requirements mentioned herein.
3. In case of violation of the obligation of verification and reclamation, the software is considered supplied and accepted with an allowance for corresponding defect.

14. THE OBLIGATION TO PROVIDE INFORMATION

1. In case of resale or donation of the software, the seller is obliged to inform Tibek in writing about the name and full address of the Buyer or Donee.
2. The above mentioned obligation may also be fulfilled by sending a message vie e-mail to the following address: support@tibek.de

15. RETAINING THE RIGHT OF OWNERSHIP,

1. Tibek retains the right of ownership of the software supplied to the Buyer until full payout of all existing at the time of supply or subsequently emerging requirements pursuant to this agreement.
2. In case of incurring of arears of the Buyer, Tibek claim for retaining the right of ownership is not considered a contract denunciation, unless Tibek has notified the Buyer in particular.
3. When Tibek claims to retain the right of ownership, the Buyer forfeits the right to continue using the software. All copies of the program made by the Buyer are obliged to be returned or destroyed.

16. CONFLICT WITH OTHER COMMERCIAL TERMS

If the Buyer also subjects to the General Commercial Conditions, the conclusion of the contract is made without a separate consent for the inclusion of General terms and conditions. If different General Commercial Terms conform to each other in terms of content, they are considered to be adjusted. Instead of separate contradictory provisions the provisions of the dispositive law are applied. The same applies to cases where the commercial terms of the Buyer contain provisions that are not present in these license terms. If these license terms contain provisions that are not in the commercial terms of the Buyer, these license terms and conditions are valid.

17. WRITTEN FORM

All agreements containing changes, additions or clarifications of these license terms, as well as individual guarantees and accords shall be made in written form. Applications coming from Tibek representatives or auxiliary personnel are valid only if Tibek provides written consent.

 

18. CONFIRMATION OF ACKNOWLEDGEMENT

The Buyer is aware of Tibe kapplication of these license terms. The Buyer had the opportunity to read and acknowledge its content properly.

19. APPLICABLE LAW

Taking into account all legal relations under this contract, the parties agree on the application of the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.

20. PLACE OF JURISDICTION

In case when the Buyer is a merchant under the Commercial Code, a legal entity of public law or with the status of public-law property, the place for resolution of all disputable issues arising within the framework of the performance of relationship under this contract is Düsseldorf.

As of 03/03/23.

PRIVACY POLICY

As amended on February 8, 2016.

We appreciate your interest in our website and online store. Hereinafter we will explain you, when and what personal data we collect, store, process, transfer and use. As a private law enterprise, we are obliged to comply with the provisions of the Federal Data Protection Act (FDPA) and the Electronic Mass Media Law (EMML).

The principles of collection, storage, processing, transfer or use of personal data

Personal data are information about personal or property circumstances of a certain person or determinable by using other information individual. For example, this includes information about your name, place of residence, postal address, phone number, or what offer on our website you are more interested in, in case when it can be associated with your identity. Information that can not be associated with your identity (for example, preferred websites or the number of website users) is not considered personal data.

Acquaintance with our online services can in principle occur without disclosure of your personal data. However, in connection with your request to our proposal on our servers and servers of external service providers, data that can allow identification (for example, date, time and viewed pages) is stored for security purposes. Processing of said data can be conducted, if there is justified interest to provide and maintain safety and functionality of our online presence. Data will be saved for 90 days.

When you want to register with our personalized services, order a product (including free versions for testing or assessment), use our services or otherwise enter into a legal transaction with us, we ask you inter alia to provide information about your name and other personal data. We gather information required only in regard to signing and executing the contract. We protect the received data in accordance with legally prescribed regulations and market standards.

In the process of allocating the software data will be transferred to our license server in order to authenticate your license (in particular time of access, IP address and hardware ID).

We use your personal data without your special consent only to fulfill your order or as necessary to establish, implement or terminate a transaction or similar obligations. Processing of this data is a necessity to lawfully conduct this contract. Eine Verarbeitung dieser Daten erfolgt damit ausschließlich zum Zweck der Vertragsdurchführung und ist zur Erfüllung einer rechtlichen Verpflichtung erforderlich.After complete termination of the obligations, our access to your personal data will be blocked for further use and deleted after the expiration of the terms of storage established by tax and economic legislation unless you specifically consent to further use of your personal data or if further storage is necessary or permitted on another legal basis.

If we receive your name, your e-mail address or postal address in connection with the sale of a product or service, and you have not stated any objections about this, we reserve the right to regularly send you e-mails or mail proposals about similar to the already purchased products from our range. Processing is conducted based on our justifiable interest to market and sell our products to you as our existing client. You can object to the use of your personal data at any time by sending a message to the contact address hereinafter or in the case of an advertising e-mail, by using the link provided for this purpose without incurring any expenses other than the cost of delivering the message at the base rates.

When you subscribe to our newsletter your name and your e-mail address will be used for our own advertising purposes until you cancel your subscription. Unsubscriptionis possible at any time.

Transfer of personal data to third parties

We transfer your personal data exclusively to the related to Tibek enterprises if it is necessary to establish, implement or terminate a transaction or similar obligations. In addition, your personal data is transferred to the enterprises authorized to implement the obligations (for example, payment systems, banks or providers of other services for our customers). In case when you grant us your consent to use and transfer your personal data, they will be transferred, if necessary, further to the recipient specified in it.

If personal data is transferred to service providers for its processing during the performance of the order, they are obliged to comply with the Federal Data Protection Act and other applicable laws. The processing of data limited exclusively by instructions is ensured by making agreements corresponding to the data protection requirements of the Federal Data Protection Acton data processing in the course of performance of the order.

It is possible to transfer personal data to the companies from countries outside the European Economic Area, for example, if one of our servers is located in a country outside the European Economic Area or one of our service providers is a resident of the country outside the European Economic Area. These countries may not have data protection laws comparable to those within the European Economic Area. If we transfer your personal data outside the European Economic Area, we will take appropriate measures to ensure further protection of your personal data at a level comparable to those as within the European Economic Area.

We will be obliged to transfer your personal data to the institutions authorized to receive them pursuant to the requirements of the law, court decision or on the basis of execution institutional order. An additional point is that we will transfer your personal data to third parties if its transfer is necessary the implementation of existing agreements or enforce our rights and claims within the framework of existing obligations or protect the rights of our customers and third parties.

Further collection, storage, processing, transfer or use of personal data

Further collection, storage, processing, transfer or use of your personal data is carried out only on the basis of obtaining a special permit. In case when you give us a special permit, we will record it in accordance with the instructions of the GDPR and will keep it ready to provide upon request at any time. You can terminate your permit (your permits) at any time at the future. In case when we take the actions described hereinafter or provide our clients with services on our website, we will ask for your special permit in the appropriate place on our website.

Involvement of services and content the third-parties on our website

It may happen that within the framework of our online offer third-party content will be present. This always assumes that the providers of this content (hereinafter referred to as “third party suppliers”) process the IP address and other personal data of users, since without the IP address and other personal data they can not transfer the content to the browser of the respective user. Therefore, the IP address is required to display this content. We try to use only such content, suppliers of which use the IP-address and other personal data only to display the content. However, we can not affect third parties retaining the IP address and other personal data, for example, for statistical purposes. In case when get acquainted with this, we inform the users about it.

The right to information, contact person for data protection issues

Pursuant to the Electronic Mass Media Lawyou have the right to receive information of our storage of your personal data about your identity for free, as well as the right to correct, block or delete this data if necessary.

In case when you have any questions about the collection, processing or use of your personal data, or when you need to receive information, to correct, to block or to delete this data, as well as to revoke the granted permits, please contact us via the following address:

Tibek CNC-Technik GmbH
Timour Bekbulatov
Gutenbergstrasse 39
40235 Düsseldorf
E-mail address: info@tibek.de

The responsible agency pursuant to the Electronic Mass Media Law is Tibek CNC-Technik GmbH, Gutenbergstrasse 39, 40235 Düsseldorf.

Data Security

Your personal data is transmitted via the Internet during the ordering process. We ensure the security of our websites and other systems by taking technical and coherent measures against threats of loss, destruction, unauthorized access, alteration or dissemination of your personal data by unauthorized persons.

Links to social networks

An additional point is that our websites may be linked to social media platforms (for example, Youtube, Facebook, Twitter, etc.) that can install cookies (the so-called third-party cookies). In relation to the use of cookies, there are provisions on the confidentiality of the respective suppliers.

Opportunity to object

You can prevent cookies from being saved by appropriate settings of your browser software, for example, by rejecting third-party cookies or all cookies; however, we are obliged to warn you that in this case you will not be able to use all the functions of the linked websites

Cookies
A cookie is a small file which asks permission to be placed onto your computer’s hard drive. Once you agree, the file is added and the cookie helps examine web traffic or lets you know when you visit a particular site.
Essentially, cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie does NOT give us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Although most web browsers automatically accept cookies, you can usually modify your browser setting to decline cookies to your prefernce. However, this may prevent you from taking full advantage of our website.
We use cookies on our website and we assume you are ok with this otherwise please disable cookies in your browser or navigate away and clear cookies set by the website.
Cookies on this website are used for:

1. Analytical/performance purposes – this allows us to recognise and calculate the number of visitors and to see how visitors navigate around the website when they are using it. Therefore helping us improve the way our website functionality for example, by ensuring that users can find what they are looking for easily.
2. Functionality purposes – to help us recognise you when you return to our website. This allows us to personalise our content for you and remember your preferences and settings (e.g. your choice of language or region).
3. Sharing purposes – this allows you to share pages with social networks such as Facebook and Twitter.
If you have any questions regarding our Cookie policy then please email us: support@tibek.de