1.1 The Licence and General Terms and Conditions by ovos realtime 3D GmbH, Schottenfeldgasse 60 / 36-38, A- 1070 Vienna (hereinafter referred to as “ovos”) govern the contractual relationship between ovos and users of the services provided by ovos on www.playludwig.com. This shall especially include the purchase and the use of the “Ludwig” game, educational, user and entertainment software (hereinafter referred to as “Software”) developed and provided by ovos.
1.2 The services available within the framework of this Software shall be exclusively rendered on the basis of the Licence and General Terms and Conditions. By registering on www.playludwig.com or, at the latest, by downloading the installer, the user expressly agrees with the Licence and General Terms and Conditions. They shall be deemed accepted.
1.3 Any General Terms and Conditions of the users shall herewith be explicitly denied.
1.4 The Licence and General Terms and Conditions are published on www.playludwig.com and may be printed and saved on a data medium.
2. SUBJECT MATTER OF THE CONTRACT
2.1 The user shall obtain the Software by download from www.playludwig.com. In order to download the Software or to use the Software in accordance with the regulations, the user must register on www.playludwig.com. Afterwards, the user may download the installer to his/her computer. The installer will connect from the user’s computer to the internet and download the Software with the available updates to the user’s computer if necessary for the intended use of the Software. Shipping the Software on a storage medium shall be impossible.
2.2 In order to use the Software, the user needs a user profile. In order to download and use the Software, the user needs a valid internet connection.
2.3 The user shall acquire the right from ovos to use the downloaded Software including the respective files and application documentation pursuant to the Licence and General Terms and Conditions (particularly Paragraph 5). The Software shall be composed of four topics. The topics “combustion” and “water” are already available. The “wind” and “solar” topics are still being developed and will be at the users’ disposal after finalization without an additional usage charge. These topics will probably be finalized in the first quarter of 2012. The user shall not have a legal right regarding the finalization of the two topics (especially with respect to their finalization by a specific date).
It shall be possible to download a demo version of the first topic for testing purposes prior to the purchase of the Software. The other topics shall be payable (compare Paragraph 4). The demo version shall enable the user to play the first topic. By purchasing a licence, the user shall acquire the possibility to change the demo version into a full version. This full version shall enable the user to use all finalized topics.
3. CONCLUSION OF THE CONTRACT / ACQUISITION OF THE LICENCE
3.1 Within the framework of the registration process, the user shall be obliged to state his/her correct data including the address of an active e-mail account assigned to the user.
3.2 With respect to the first topic, submitting the order by clicking the “download” button shall be considered as a binding offer by the user to enter into contract. The contract shall be concluded by the download.
3.3 With respect to the other topics, successful payment shall be considered as a binding offer by the user to enter into contract. The contract shall be concluded as soon as the user receives the purchase confirmation by the online shop or, at the latest, upon download. The purchase confirmation shall be shown online and simultaneously sent to the user via e-mail.
The payment transaction shall be considered as completed as soon as the payment of the total price pursuant to Paragraph 4 has been successfully carried out and completed on PayPal to the benefit of ovos.
After the payment transaction has been completed, ovos shall generate and assign the licence keys to the user’s profile. The licence keys shall be exclusively managed by ovos. Delivery of licence keys to users shall not be possible.
3.4 Upon purchase of a promotional code, after completing the payment transaction, the promotional code shall be sent to the user via e-mail to the e-mail account stated by the user during the registration process. Any user with an active user profile may exchange a promotional code for one or several licences (depending on the configuration of the promotional code). This exchange shall be carried out on the profile page of the registered user.
4. PRICES AND PAYMENT
4.1 Prices are quoted in Euro (€) including value added tax.
4.2 With the exception of the first free topic, the price for the services rendered by ovos shall be due for payment prior to generating the licence key (compare Subparagraphs 3.3 and 3.4).
4.3 The price shall include the download and use of the Software. Other costs, particularly regarding the hardware and software (compare Paragraph 6) and the costs for the internet connection shall be solely borne by the user.
4.4 The prices for the respective Software shall be stipulated by ovos and shall be disclosed to the user on the website, as well as within the framework of the buying process. The price specified relevant to the respective order shall be applicable. The payment shall be made in the manner set forth upon order, i.e. normally via PayPal. Ovos shall not be obliged to accept other forms of payment other than PayPal.
4.5 The payment transaction via PayPal or possible other online payment providers shall be subject to their General Terms and Conditions.
5. RIGHTS OF USE
5.1 The Software shall be the intellectual property of ovos, shall be protected by copyright and shall only be intended for the user’s personal use.
5.2 Provided that payment was carried out in full – ovos shall grant the user a non-transferable, non-exclusive, unlimited right to use the Software in terms of time and place.
5.3 The Software may be saved and installed for the purpose complying with the terms of the contract. The user shall have the right to install the Software on several computers. It shall, however, be prohibited to pass on the Software or copies to third persons. Decompression of the Software by the user shall be prohibited.
5.4 The user shall be prohibited to pass on data of his/her user profile (particularly user name and password).
5.5 The user’s Software Licence shall be exclusively for private use. The Software must not be used for commercial or other purposes exceeding the ordinary private use. Sharing, distribution and sale of the Software exceeding the purpose set forth by Subparagraph 5.3 shall be prohibited. The user shall in no case be entitled to remove, modify or obscure copyright notes, serial numbers or other features intended for Software identification. The same shall apply to suppressing respective notes and features on the screen.
5.6 Should the Software be purchased by a public or private school, the Licence shall also include the use of the Software for teaching purposes within the framework of the school lessons. The use of the Software for commercial or other purposes exceeding the educational purpose shall be subject to ovos’ prior consent. In other respects, Subparagraphs 5.1 to 5.5. shall apply unchanged.
6. FEATURES AND COMPATIBILITY OF THE SOFTWARE / ACTIVATION
6.1 The user must inform himself/herself about the Software’s features and system requirements and independently ensure that the Software is compatible with his/her computer and with the software used by the user and that the Software meets his/her wishes.
6.2 The activation of the Software through ovos shall be a requirement for its use. The Software shall be activated directly after concluding the contract and the payment transaction upon the user’s request. The activation can only be performed if, at this point, an internet connection exists.
7.1 Ovos endeavours to ensure the flawless operation and availability of the Software. Occasional flaws and failures may occur due to, amongst other things, server failures, programming errors, server maintenance or due to other circumstances or problems beyond the provider’s sphere of influence (force majeure, third-party negligence etc.). Should this result in disadvantages to the user regardless of their nature, the user shall not be entitled that the condition before the event be restored or to any indemnity for the caused damage. The warranty pursuant to mandatory applicable legal provisions (e.g. Consumer Protection Act) shall remain unaffected.
7.2 Ovos shall especially not be liable for damages, which may occur due to faults, delays or disruptions during data transfer, due to disturbances of the technical equipment and the services, false contents, loss or deletion of data, viruses or which may otherwise occur upon downloading or using the Software, unless such damages were caused by intentional or gross negligence by ovos, its employees or vicarious agents. The warranty for slight negligence shall be excluded. The warranty pursuant to mandatory applicable legal provisions (e.g. Consumer Protection Act) shall remain unaffected.
Upon update of the update software, reinstallation shall be necessary. Updates of the Software will be automatically downloaded and installed by the update software (compare Subparagraph 2.1). In order for the update software to work properly, an internet connection is necessary.
9. DATA PROTECTION
Ovos shall treat the user’s personal data in compliance with the valid data protection regulations. Ovos saves the usage data of the players. The usage data shall solely refer to game-internal processes and data.
Ovos reserves the right to save the users’ data in order to verify compliance with the regulations, the Licence and the General Terms and Conditions, as well as the applicable law.
10. RIGHT OF WITHDRAWAL
The Software shall be transmitted electronically as a file. There shall be no physical handover of the Software. A cancellation or right of return shall therefore be excluded unless otherwise stipulated by mandatory applicable provisions. There shall be no cancellation or right of return with respect to the purchase of Software, which is downloaded or unsealed on the user’s computer, as is the case regarding ovos’ offer.
11. FINAL PROVISIONS
11.1 Adhering to the legal requirements, ovos reserves the right to amend the provisions of the Licence and the General Terms and Conditions at any time and without reason.
11.2 Legal disputes arising from the Licence and General Terms and Conditions shall be subject to the jurisdiction of the competent court for 1070 Vienna, while Austrian law shall be exclusively applicable under the exclusion of such standards referring to foreign legal norms unless in contradiction to mandatory legal provisions.
11.3 Should a provision of the Licence and General Terms and Conditions be or become invalid, inexecutable or unenforceable, the validity of the remaining terms shall remain unaffected. Any invalid, ineffective, inexecutable or unenforceable provision shall then be replaced by a valid, effective, executable and enforceable provision that approximates most closely the intention and the will of the parties. This shall also apply to gaps in the Licence and General Terms and Conditions.