Instruction to Right to Revocation

Right to Revocation

You will have a legal "cooling off period" during which you may revoke your order for any reason without statements of reason. This period is up to two weeks and commences not earlier than the delivery of this instruction. In case of delivery of a physical product this period starts with delivery of the product.The right to revocation will be treated as exercised on the date of posting the notice of revocation or the date of dispatching the returned product. All revocation notices must be in textform and have to be addressed to our contact address.

Legal Consequences

If you exercise the above right to revocation, you are required to return the relevant products to us including fruits thereof and we are required to reimburse your prepayments including fruits thereof (e.g. interests). If you are not able to return the products or if the products are defective, you are required to pay compensation. This does not apply to products, which deterioration is due solely to the inspection of the products - like you would do it in shops. You may prevent yourself from having to pay compensation for damaged products, if you do not make use of the products in your possesion and if you take reasonable care of the products in your possesion. You have to bear the costs of returning the products, unless your order has a value of more than 40 Eur. In case your order has a value of more than 40 Eur, we will only bear the costs of returning the products, if you had already made payment or part contractual part payments by the time of revocation. Where wrong products have been delivered to you, we will bear the costs of returning the products regardless of the value of your order. Any compensation payments for damaged products have to be made by you within 30 days after you have given your declaration of revocation.

The product must be returned to the return address stated on the delivery note that was accompanied with the product.

After delivery of a license code for use of our software as full version, revocation is only possible, if no criterion for exclusion according to § 312 d Section 4 Number 1 German Civil Code (BGB) applies. Use of the license code is considered unsealing in the sense of this law.

End of Instruction to Right to Revocation

Terms and Conditions

The supplies, services and offerings of

Freiwald Software, Kreuzberg 16 B in D-85658 Egmating

(in the following Freiwald Software) are carried out according to the following terms and conditions. Contractor's acknowledgements referring to his own terms and conditions are hereby rejected and will not be recognised.

Subject of Agreement
These terms and conditions ("Conditions") apply to all agreements, that are concluded between you, the purchaser (references to "you" or "your" being construed accordingly) and Freiwald Software (references to "us", "we" or "our" being construed accordingly), with regard to the purchase of our Software or Hardware products ("Products").

Conclusion of the Contract
Any prices, quotations and descriptions made or referred to on the web site of Freiwald Software do not constitute an offer and may be withdrawn or revised at any time prior to our expressed acceptance of your order. While we make every effort to ensure that items supplied by us are available, we cannot guarantee that all items are in stock. We may reject your order (without liability) if we are unable to process or fulfil it. If this is the case, we will refund any prior payment that you have made for that item. An order submitted by you constitutes an offer by you to us to purchase Products on these Conditions and is subject to our subsequent acceptance. Prior to such acceptance, an automatic e-mail acknowledgement of your order may be generated. The purpose of this acknowledgement is giving you the chance to confirm your order details or to correct type errors. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order. Our acceptance of your order takes effect and the contract concluded at the point where such offer is expressly accepted by us dispatching your order.

The following applies to our software products: Freiwald Software provides trial versions of their software for download on their Internet server or on CD ROM. Freiwald Software allows use of the software for trial purposes according to the terms and conditions outlined below. This permission expires automatically, if the conditions of this agreement are violated. You commit to delete all copies of the software and documentation in case of termination or cancellation of this contract. It is explicitly not permitted, to bypass the limitation of the trial versions. By filling and sending the order form to Freiwald Software and acceptance of the order by Freiwald Software a contract between Freiwald Software and you is concluded regarding purchase of the license to use the software as full version. After receiving the payment Freiwald Software sends the license code to you. The license code enables you to use the software as full version according to the conditions outlined below.

Freiwald Software reserves the right to deny acceptance of orders. In such case the purchaser gets a refund of his payment, charges, that are customary in banking, to be deducted from the refund.

Prices and Terms of Payment
Prices payable for Products are those in effect at the time of order received, unless otherwise expressly agreed. Prices may be indicated on the web site of Freiwald Software, but the authoritative price in the event of any discrepancy, is the price that is notified to you on the order acknowledgement.

This software is protected by copyright law and international copyright treaties, as well as other intellectual property laws and treaties. The software is licensed, not sold. You agree, that Freiwald Software keeps all copyrights of the software and included documentation. You do not acquire any other rights with regard to the software than the rights explicitly expressed here.

In no case you may change the program files delivered as part of this software. This applies especially to the executable files with the suffix .EXE or .DLL. You may make exact copies of the original software and documentation for your personal use. It is not allowed to give copies of the software to anyone or to distribute the software and documentation via electronic means without the prior permission of Freiwald Software.

Terms  of Use as trial Version
You may use our software for trial purposes. The period of unlicensed use is set to 30 days of actual use. If you would like to use the software after this period a license is to be purchased.

The trial version of our software may be functionally limited compared to the full version. Additionally the trial version of the software shows the registration notice at the beginning of the program. Entering a valid license code into the software or taking any measures to bypass the above limitations establishes use of the software as full version and the appropriate price for use as full version becomes due.

Terms of Use as full Version
For full use of our software a license fee is due. By purchasing a license for full use of the software you receive the right to use the software without the limitations, that apply to the use as trial version. Change from the trial version to the full version is done by entering a valid and registered license code into the software. This license code is received after purchase of a license for full use of the software. It is allowed to enter the same license code on different computers. But it is not allowed to execute the software on different computers at the same time with the same license code.

The license code is at Freiwald Software’s option provided as text, which must be entered into the software with the keyboard of the computer, or as hardware device, which must be plugged in into the computer, while the software is running.

You are not entitled to replacement in case of loss of the license code. License codes are only a technical aid to enforce appropriate use of the license. A license code does not establish a license by itself.

License codes may only be used to practise the license rights, if they are registered to your name. This is automatically the case, if the license code was purchased directly from Freiwald Software. In such case a separate registration of the license code is not required.

If you acquire ownership of a license code from a dealer or another third party, then the license code must not be used, until the code has been registered by Freiwald Software to your name and after you have received a confirmation from Freiwald Software about this registration. Without such confirmation it is not allowed to enter the license code into the software. The registration may be done informally, e.g. by email. It is permitted to transfer license rights to other persons. For such transfer the explicit and written consent of the former licensee not to exercise his license rights any further and to be willing to transfer the rights to you is required. This statement can be made by the previous licensee directly to Freiwald Software prior to transfer of the license, or it can be solicited by you from the former licensee and passed to Freiwald Software during registration of the license to your name
. The transfer of the license from the former licensee to you becomes effective, when we have commited reception of the above mentioned statement and when the related license code has been registered to the name of the new licensee.

Use of our Software for commercial Purposes

All terms of use as full version contained in the previous section apply also to the use of our software for commercial purposes. Furthermore the following terms apply: if our software is used for commercial purposes for more than 30 not necessarily successional days per year, then a license for commercial purposes is required. Licenses for commercial purposes can only be obtained by contacting Freiwald Software directly via the published contact address. Freiwald Software reserves the right to fix specific prices for commercial use on an individual basis, which are different from the generally published prices. 

Upgrades of our Software
License codes are only valid for the particular version of the software, which they have been purchased for. The use of a consecutive version may require a new license. Such license is called upgrade license. Upgrade licenses complement the existing licenses of the previous version to a valid license of the consecutive version. Thus the combination of a license for a previous version with an upgrade license for a consecutive version represents a license for this consecutive version. This combination can be later used as a base to upgrade to an additional consecutive version and so on. If a license is represented by a combination of a license for a previous version with one or more upgrade licenses, then this combined license may be only used for the related version of the software, if the purchaser still owns all sub-licenses of this combination. If at least one sub-license of such combination is transferred to another person, then the license formerly represented by the combination becomes invalid and the related version of the software must not be used anymore.
Support Period
During the support period the purchaser is entitled to access the program files, which are required to install the licensed program. For this purpose Freiwald Software provides the purchaser with the possibility to download the related program files from our Internet site free of charge. Freiwald Software reserves the right to replace the program files during the support period by files, which belong to a subsequent version of the program. In particular there is no claim to access the program files of the exact same version, that has been valid at the time of purchase. Freiwald Software also reserves the right for technical changes in subsequent versions of the program, in particular to add, change or remove existing functionality.

The support period begins at the date of delivery of the license code to the purchaser and ends one year later. We recommend to create a backup copy of your program files, before the support period ends. If it is desired to conserve the exact functionality of the purchased program version we recommend to create a backup copy of the program files of that version.

Illegal Use of our Software
Our software is used illegally in all cases that violate the terms and conditions outlined above. The use of the software is especially illegal if a license code has been applied, that has not been registered by Freiwald Software to the name of the purchaser. In case of illegal use the fee of the license to use the particular software program becomes due.

If you are in doubt, whether a certain license code entitles for legal use of the software or not, then you are obliged to contact Freiwald Software and to request the commitment, that the license is valid, prior to use of the license code. This applies especially to all cases, where you obtain the license code from a third party or not from Freiwald Software or an authorised dealer. Contacting does not require a special form or procedure; it can be done e.g. by email.

If you combine an upgrade license with a license for a previous version to a license for this version, then you are obliged to ensure, that you own all sub-licenses of this combination and that none of them has been transferred to other persons. You are also obliged to ensure, that all license codes contained in this combination are registered by Freiwald Software to your name. 

Freiwald Software reserves the right to prosecute illegal use of the software and to take technical measures that help to prevent the software from being used illegally any further. In this case it does not matter, whether the illegal use persists at the time of disclosure or whether it has been terminated before. Especially Freiwald Software reserves the right, to lock the execution of all Railroad & Co.™ products on computers, where illegal or non-authorised codes are detected. This lock may persist, until these codes are removed from the affected computer. Removal of such codes usually requires technical support of Freiwald Software. Freiwald Software reserves the right to charge an appropriate fee for this support.

Limited Warranty

You acknowledge the factor, that according to the current state of the art it is not possible to create software, that works without errors in all applications and combinations, especially in conjunctions with various hardware components. Freiwald Software warrants that all products will perform substantially in accordance with the accompanying documentation material.

Customer Remedies
If the product does not conform to the limited warranty in the Section above ("Limited Warranty"), our entire liability and your sole remedy shall be, at our option, either to (a) correct the error or (b) help you work around or avoid the error. The Limited Warranty is void if failure of the product has resulted from accident, abuse, or misapplication.

Both parties agree to protect confidential information, including all license codes of the software, faithfully against unauthorised disclosure and use in the same way as own private information.

Updates of Software
For updates of the software provided by Freiwald Software the terms and conditions of this contract apply accordingly. You are not eligible to be provided with gratis updates.

Place of jurisdiction, choice of law
1.The place of jurisdiction for commercial dealers, legal persons and public-law entities is Munich. This place of jurisdiction is not exclusive.
2.The law of the Federal Republic of Germany applies; the validity of United Nations Convention on Contracts for the International Sale of Goods is excluded.

No Liability For Consequential Damages.

In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

Egmating, April 15, 2013

End of the Terms and Conditions