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License Agreement

Preamble

The following agreement governs the rights and responsibilities between you (the "Partner") and the Novalnet AG ("Novalnet") in relation to the cost-free software solutions Service and Support provided by Novalnet, by connecting your e-commerce systems to the payment platform of Novalnet. Services, which Novalnet offers in accordance with a service contract to its partners, are not affected explicitly by this agreement. From this particular agreement, is not explicitly affected the services Novalnet under the contract between the parties to the service contract partners are providing. By installing and using the software, you automatically confirm that you have read this freeware license agreement and agree with it. If you do not agree to these conditions, as a partner, please do not install and use the software.

License

For the payment module provided by Novalnet for each individual version, Novalnet grants a limited, non-exclusive, right of use for a service agreement concluded between the parties. The license agreement authorises you to install and use the software on one or more computers. The Partner undertakes to use the Payment Modules and / or parts of the Modules exclusively for the use of the services provided by Novalnet in accordance with the Agreement. The Partner is not entitled to technical support of any kind whatsoever. In particular, Novalnet is not obliged to ensure the maintenance, repair or revision of the Software.

Copyright

All title, ownership rights and intellectual property rights to and from the Software, as well as all copies of the software, and any related documentation, are the property of Novalnet (www.novalnet.de). All rights are reserved. Novalnet reserves legal measures in case of a breach of this Agreement.

Warranty and liability

Novalnet shall only be liable to the extent that Novalnet, its legal representatives, employees and / or vicarious agents are guilty of intentional or gross negligent conduct. The liability is however limited to the foreseeable losses that are typical of the contract, of which Novalnet would have to be typically reckoned with given the known circumstances at the time the contract was concluded.

The limitation of liability does not apply to the extent of breach of essential contractual obligations by Novalnet, its vicarious agents, employees and / or legal representatives. Cardinal contractual obligations refer to those obligations that one contracting party has to grant to the other contracting party in accordance with the sense and purpose of the agreement or whose fulfilment is essential for the due and proper implementation of the contract in the first place and the observance of which the other contracting party can regularly rely upon. In this case, liability is however is limited to the damage that is typically predictable at the time of conclusion of the contract. In a statutorily prescribed no-fault liability- in particular any potential liability under the Product Liability Act or due to legal guarantee liability - shall remain unaffected by the above limitations of liability. The same applies to the liability of Novalnet in the case of negligent injury to life, body or health.

Legal claims and severability clause

The laws of the Federal Republic of Germany will be applicable. The place for court of law or going to court will be Munich. Should any present or future provision of the Agreement, in whole or in part, become invalid, for reasons other than the § § 305-310 of the Civil Code (BGB), the validity of the remaining provisions of the agreement will not be affected. The parties shall replace the ineffective, invalid or unenforceable provision by a valid one that will be void in its legal and economic substance, of the ineffective or not feasible provision, and also in compliance with the overall purpose of the agreement. The same applies, if after the conclusion of the agreement, there are gaps or loopholes found in the agreement. The provision of § 139 BGB (severability) is totally excluded.

If you need further information, kindly contact our Technical service Team:

Novalnet AG
Tel.: +49 89 9230683-20
Fax: +49 89 9230683-11
E-Mail: technic@novalnet.de