General Terms and Conditions of Sale for Font Software of Elsner+Flake Type Consulting GmbH
1. Terms and conditions of sale
The Elsner+Flake Type Consulting GmbH delivers fontsoftware programs on data media or via digital communication and authorizes the customer (buyer, licencee), to make use of the non-exclusive usufructury right of this font-software-programs within the limits of the authorization granted to the licencee. The scope of the usufructury rights result from the information coming with the font-software program given by the specific licencer.
Unless not explicitly permitted by the licencer or if the software is labelled as a multiple-license version, it is forbidden to use the software on more than 5 CPUs at the same time. Furthermore, there is no permission to alter the software, to make copies of it or allow copying by a third party, except the copies needed for data security.
2. Reservation of title
The property concerning delivered data media only transfers to the buyer, when the specific license is paid completely. The property right concerning delivered font-software remains to the Elsner+Flake Type Consulting GmbH or their licencers.
3. Prices and terms of payment
The sent font-software programs have to be either paid by credit card, after approval by the Elsner+Flake Type Consulting GmbH with debit entry or immediate payment after receiving the invoice. Prices follow the specific valid price list. This price list also shows the transportion costs that have to be paid by the buyer. If the buyer is behind with the payment after receiving the invoice, the Elsner+Flake Type Consulting GmbH may charge an interest of 5% above the lombard rate of the German Ferderal Bank (Bundesbank). The right to claim a higher default damage remains. For each reminder of payment following the second reminder, the deliverer (seller) may charge 10 Euro.
It is being pointed out that software can not be developed in a manner to guarantee faultless function on all systems. The Elsner+Flake Type Consulting GmbH does not guarantee the functioning of font-software run with other than the soft- and hardware used by The Elsner+Flake Type Consulting GmbH for test purposes, unless an explicit assurance has been given. If fontsoftware has a defect at the time of passage of risk according to § 434 BGB (German Civil Code), the buyer/licensee has the right to demand the delivery of a faultless font-software and data media in exchange. In case this rectification fails, the buyer may chose reduction of the license fee or may demand cancellation of the licence.
5. Limitation of liability
In case of damage caused by the The Elsner+Flake Type Consulting GmbH related to defects of the font-software programs or data media, the licenser’s liability is limited to a sum of ten times the basic font-software licence or data media value.
The same limitation applies to non-performance or default damages and cases of illicit acts caused by the The Elsner+Flake Type Consulting GmbH. The limitation of liability does not apply to damage caused by rough negligence or intent.
6. Final terms
Only German law is applicable to this contract and all cases concerning this contract. UN-law shall not apply to this contract. Should one of these contract terms be void it does not affect the validity of the other terms of this contract. Eventually void terms shall be replaced by terms coming nearest to the intended purpose of the contract. Place of performance is Hamburg.
Elsner+Flake Type Consulting GmbH
Bugdahnstraße 5, D-22767 Hamburg
Phone: +49(0)40 398035 80