Terms and Conditions of Sale of Altova GmbH
PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU MAKE YOUR SOFTWARE LICENSE AND/OR ALTOVA ONLINE TRAINING PURCHASE. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
IF YOU HAVE PURCHASED AN ALTOVA SOFTWARE PRODUCT LICENSE, YOU WILL BE BOUND BY THE TERMS OF THE ALTOVA SOFTWARE LICENSE AGREEMENT. THE LICENSE IS SUBJECT TO RESTRICTIONS, INTELLECTUAL PROPERTY RIGHTS, LIMITED WARRANTY AND LIMITATION OF LIABILITY, ALL OF WHICH ARE SET FORTH IN THE ALTOVA SOFTWARE LICENSE AGREEMENT. THE ALTOVA SOFTWARE LICENSE AGREEMENT IS AVAILABLE FOR YOUR REVIEW BEFORE YOU MAKE YOUR PURCHASE DECISION.
All software license sales are final.
The terms of payment are within our sole discretion. Payment for software product license or online training will be made by credit card, wire transfer, sending a check, or some other pre-arranged payment method. All invoices are due and payable immediately. We will send all invoices by e-mail only, unless you provide us with a fax number at the time of order. Invoices are usually sent out within 1-2 business days after placing the order. With respect to software license orders, in order to enable you to start using the software immediately, a temporary license key-code will be sent out at the time of the order, which will allow you to utilize the product for up to 15 days. You will receive your final (permanent) license key-code, as soon as we have received the payment in full. In the event that payment is not received within this 15 day period, the temporary license will expire and you will no longer be able to operate the software. In addition, the Altova Software License Agreement applicable to the specific purchase for which payment has not been received will terminate automatically with no further action from us. You agree to pay interest on all past-due sums at the highest rate allowed by law, and you will be responsible for any applicable taxes required to be withheld at the source.
Prices do not include any excise, sales, transfer, use, value-added or like taxes, or any other duties, tariffs, assessments or government impositions of any nature whatsoever which are levied or based upon the payments made by you to us ("Taxes"). We will add such Taxes to the price where legally required, and you will reimburse us for such Taxes in accordance with the payment terms. If you claim that you are exempt from such Taxes, you shall be responsible for providing us with appropriate documentation of such exemption.
Unless you are an authorized reseller or solution provider, you agree and represent that you are buying the Altova Products for your own internal use only, and not for resale.
As further described in the ALTOVA SOFTWARE LICENSE AGREEMENT, as part of your software license purchase, we provide free technical support for up to 30 days via e-mail only. We have no obligation to provide such support until we have received full payment for the product for which support is requested.
If there is a local subsidiary of ours in the country in which you obtain the Altova software product license, then the local law of the jurisdiction in which the subsidiary is located shall govern your purchase. Otherwise, your purchase shall be governed by the laws of the Republic of Austria and, to the extent applicable, the European Union.
If you have ordered an upgrade product for a software license purchase, the following Terms and Conditions for Upgrades shall apply:
Please note that all upgrade orders placed (and the underlying quotes issued as part of the order process) are subject to an internal upgrade eligibility review process whereby Altova validates the prerequisite keycode as well as the upgrade history for that keycode. Altova will use its commercially reasonable efforts to conduct this review within two (2) business days from the date of submission of the order and will not process the order until the review is completed. In the event that Altova is unable to validate the order based on the review, Altova will contact you in order to resolve any issues.
If you have received a coupon from Altova and use it to obtain a discount, the following Terms and Conditions for Use of Coupons shall apply:
- There is a limit of one coupon per order.
- A coupon cannot be used in conjunction with other discounts or promotions.
- A coupon cannot be applied to past purchases.
- A coupon has no cash value.
- Coupons may not be combined.
- All expiration dates on a coupon are firm. Please plan accordingly.
- Altova is not responsible for typographical errors.
- Coupons and/or coupon codes may only be used for sales conducted via the Altova Online Shop.
- Altova reserves the rights to cancel promotions with coupons at any time.
These terms and conditions are subject to change without prior written notice at any time, in our sole discretion.
Last updated: March 30, 2009