Business Terms and Conditions

  1. Software
  2. Supply and Services
  3. Collaboration
  4. Liability and Indemnification
  5. Non-Disclosure
  6. Payment Terms
  7. Retention of Title
  8. Privacy
  9. Applicable Law, Construction Clause and Court of Jurisdiction

All supplies and services performed by Leonid Rudy Softwareprodukte ("Filigris Works") for you as principal ("you") are exclusively governed by the terms and conditions as laid out in these General Business Terms (the "Agreement"). Any subsequent additions or changes to the Agreement require confirmation in writing.

1. Software

Any software delivered by Filigris Works to you or any software downloadable from Filigris Works' website is the copyrighted work of Filigris Works. §§ 69a ff German UrhG apply.

Any use of the software is subject to the related license terms of the software and the software is made available to you exclusively for use in accordance with those license terms.

Any reproduction or redistribution of the software not in accordance with those license terms is expressly prohibited by law, and may result in severe civil and criminal penalties.

Violations will be prosecuted to the maximum extent possible.

2. Supply and Services

The conceptual formulation and description of task, documentation and target state shall be arranged in the written stipulations of the contractual parties.

3. Collaboration

Where your collaboration is necessarily required you are obliged to support Filigris Works' efforts to fulfill its obligations.

4. Liability and Indemnification

Filigris Works is liable for direct damages out of (deliberately or gross) negligence, limited to the equivalent value of the service provided.

Filigris Works accepts no liability for indirect and consequential damage or for any loss of profit or anticipated savings, or losses arising from delay of services, if no deadline has been agreed in writing, or from consulting not beeing related to the object of the agreement unless it has been especially agreed and recompensed.

Any liability for damages due to force majeure is likewise excluded.

Any claims for damages against Filigris Works, other than those based on tort, shall be subject to the applicable statutory limitation periods.

5. Non-Disclosure

Both Filigris Works and you understand and acknowledge that a confidential information has been developed or obtained by the investment of significant time, effort and expense, and that the confidential information is a valuable, special and unique asset and thus has to be protected from improper disclosure. Both parties agree to hold in confidence during the term of this Agreement and for a period of five (5) years after termination of this Agreement and to not disclose the confidential information to any third person.

6. Payment Terms

Invoices shall be made out in accordance with then-current price lists.

Invoices are due upon receipt of invoice and without deduction.

You agree to pay accordingly, including any late payment fees, like court and lawyers fees or administration costs.

7. Retention of Title

Title to the invoiced goods and licenses will only pass to you when full payment of the invoice is received by Filigris Works.

8. Privacy

You agree that - in conjunction with the business you have been doing with Filigris Works and in accordance with the law - your company and personal data will be saved and processed in the database of Filigris Works.

9. Applicable Law, Construction Clause and Court of Jurisdiction

This Agreement is made and shall be construed in accordance with the laws of Germany under exclusion of UN law on sales.

If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

Legal domicile is Augsburg. Filigris Works also reserves the right to start legal action at the court of jurisdiction at your legal business domicile or place of residence.