Pro-Tech IT Solutions License

§ 1 Scope of Services

Pro-Tech IT Solutions distributes software under a commercial license that is compatible with Joomla. The software may contain open-source components that are freely available under a non-commercial license. However, the license terms of these non-commercial components are not transferable to our commercial software. Only the following conditions apply to software manufactured by Pro-Tech IT Solutions.

§ 2 Usage Rights

2.1 The buyer may use the software on one top-level domain per purchased license. If the buyer wishes to use the product on multiple top-level domains, they must purchase additional corresponding licenses.

2.2 The buyer is prohibited from:

selling the software or its components or offering it for purchase on their website without the consent of Pro-Tech IT Solutions;
changing or modifying the software or developing new software based on our software and distributing it or making it publicly accessible. However, changes or adaptations for personal use are permitted;
using the software for third parties or making it accessible to third parties. For the use of the software by developers for clients, Pro-Tech IT Solutions offers a special Developer License. This permits use with any number of clients and top-level domains, including the buyer's own sites;
transferring the license to third parties;
changing or removing copyright notices in the user interface or code without the consent of Pro-Tech IT Solutions. In certain cases, Pro-Tech IT Solutions allows the removal of copyright notices upon request for an appropriate fee determined by the company.

§ 3 Buyer's Cooperation and Information Obligations

3.1 The buyer has informed themselves about the essential functions of the software and bears the risk of whether it meets their requirements. In case of uncertainty, they have consulted with Pro-Tech IT Solutions or qualified third parties before concluding the contract.

3.2 Setting up a functional, adequately dimensioned hardware and software environment for operating the contractual items is the buyer's responsibility.

3.3 The buyer thoroughly tests the software for freedom from errors and compatibility with their existing system configuration before use by installing it on a test site and checking it there. This also applies to software provided under warranty or support.

3.4 The buyer observes the installation and operating instructions of Pro-Tech IT Solutions.

3.5 The buyer takes appropriate measures in case the software does not function properly, such as daily data backups, fault diagnostics, and regular checks of data processing results.

3.6 If the buyer is a merchant within the meaning of the German Commercial Code (HGB), they assume an obligation to inspect and notify defects in accordance with § 377 HGB.

3.7 The buyer bears all disadvantages and additional costs resulting from the violation of these obligations.

§ 4 Liability

4.1 Pro-Tech IT Solutions is liable in cases of contractual and non-contractual liability exclusively within the framework of the following limitations:

in case of intent to the full extent;
in case of gross negligence up to the amount of foreseeable damage that should have been prevented by the violated obligation;
in other cases: only for the violation of essential contractual obligations that endanger the purpose of the contract, and only up to the amount of foreseeable damage;
the liability limitations according to 4.1 do not apply to personal injury and liability under the Product Liability Act.

4.2 Pro-Tech IT Solutions reserves the right to raise the defense of contributory negligence.

§ 5 Performance Limitations

5.1 Pro-Tech IT Solutions does not guarantee general compatibility of the software with the buyer's system or with third-party products. The buyer is obliged to check the system requirements before purchase and view the demo site.

5.2 If the buyer transfers the software to their live system without prior testing (see § 3.3), Pro-Tech IT Solutions assumes no liability for resulting damages.

5.3 Pro-Tech IT Solutions does not guarantee permanent functionality of the software with all versions of Joomla. Compatibility with respective Joomla versions is indicated in the product description. However, Pro-Tech IT Solutions strives to support future versions, without any entitlement to this.

§ 6 Support and Updates

6.1 Pro-Tech IT Solutions provides technical support through a ticket system as part of the warranty. In addition, free support for matters not related to warranty is offered voluntarily, but without legal entitlement. No support is provided for free products.

6.2 For installation, Pro-Tech IT Solutions refers to the hardware and software environment requirements described in the software documentation.

6.3 For software defects not caused by the buyer that were not recognizable when checking system requirements and testing before purchase, support is free of charge.

6.4 With the purchase of a license, the buyer receives free access to updates for the purchased software for six months. After this time, a new license must be purchased to gain access to further updates. The temporally unlimited right of use remains unaffected.

§ 7 Final Provisions

7.1 For all disputes arising from or in connection with this contract, the exclusive place of jurisdiction is Italy, provided the buyer is not a consumer.

7.2 Italian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

7.3 Amendments and supplements to this contract as well as the conclusion of the contract itself require written form. This also applies to the amendment of this clause. There are no oral side agreements.

7.4 Should a provision of this contract be or become invalid, contain an impermissible deadline, or have a gap, the validity of the remaining provisions remains unaffected. In such cases, a valid provision that comes as close as possible to the economic purpose of the parties shall replace the invalid provision. In the case of an impermissible deadline, the legally permissible deadline applies.

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