+1 800 256 3608 (toll-free in the US) or +49 7531 90 60 10 service@combit.com

Legal Notice

Imprint

This internet service is published by the combit Software GmbH. All sites are subject to copyright protection. No copies or abstracts may be made of the material provided on these sites without prior authorization by combit. Same applies for the integration into other services. All rights reserved. Please read our notes on data protection. Changes and errors may occur.

All specifications concerning products, services and any other written notices are descriptive only and do not constitute any guarantees regarding the condition of the products. In case of of other products mentioned on these sites there may be variational releases. We therefore recommend to test with our free trial versions to avoid problems.
List & Label trial
Report Server online demo

combit is a registered trademark of combit Software GmbH. All product names, descriptions and logos are trademarks, registered trademarks or property of their respective owners.

The links in certain areas of the combit website will let you leave combit's site. The linked sites are not under the control of combit. combit is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. combit is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by combit of the according site.

combit.com, copyright © 1996-2018 by

combit Software GmbH
Untere Laube 30
78462 Konstanz
Germany
T +49 (0) 7531 90 60 10
T +1 800 256 3608 (toll-free in the US)
F +49 (0) 7531 90 60 18
info@combit.com
www.combit.com

Managing directors:
Bjoern Eggstein eggstein@combit.com
Jochen Bartlau bartlau@combit.com
Brita Dannenmann dannenmann@combit.com

Commercial Register: Municipal Court Freiburg HRB 380959

VAT Reg.No. according to § 27 a German Sales Tax Act: DE 142311808


Go to Online Dispute Resolution Portal of the European Commission Consumers may turn to the before-mentioned Online Dispute Resolution Portal to settle disputes.

Privacy Statement

The protection of your data is important to you. That is why we at combit take data protection very seriously and make every effort to ensure the best possible protection of your data. With this privacy statement we would like to inform you about our efforts to protect your data as well as which information we collect and how we use it.

A. Responsible for data processing

Responsible for the processing of personal data within the framework of this website in accordance with the provisions of the General Data Protection Regulation (GDPR):

combit Software GmbH
Untere Laube 30
78462 Konstanz
Germany
T +49 (0) 7531 90 60 10
T +1 800 256 3608 (toll-free in the US)
F +49 (0) 7531 90 60 18
info@combit.com
www.combit.com

Our data protection officer:

combit GmbH
Sven Schaetzl
Untere Laube 30
78462 Konstanz

T +49 (0) 7531 90 60 10

Email: dataprotection@combit.com

With this privacy statement, we inform you about the scope of the processing of your personal data (hereinafter only "data").

B. Data processing

We process data as part of the operation of our website. The processing of the data also includes disclosure by transmission.

For data transfers to the USA, the EU-US Privacy Shield has been approved by the EU Commission. In it, the Commission certified that the guarantees for the transfer of data to the USA based on the EU-US Privacy Shield comply with data protection standards in the EU. As far as we transmit data to the USA, we have marked the participation of our service providers in the EU-US Privacy Shield.

The data concerned, processing purposes, legal bases, recipients and transfers to third countries are listed below:

a) Log file

We log your visit to our website. The following data is processed: Name of the website accessed, date and time of access, the amount of data transferred, the browser type and version, the operating system you are using, the referrer URL (the previously visited website), your IP address and the requesting provider. This is necessary to ensure the security of the website. We process the data accordingly on the basis of our legitimate interests in accordance with Art. 6 Para. 1 f) GDPR

b) Hosting

Within the framework of hosting, all data to be processed in connection with the operation of this website is stored. This is necessary to enable the operation of the website. We process the data accordingly based on our legitimate interests in accordance with Art. 6 Para. 1 f) GDPR. To provide our online presence, we use services of web hosting providers, to which we transmit the above-mentioned data.

c) Establishing contact

If you contact us, your data (name, contact data, if given by you) and your message will be processed exclusively for the purpose of processing and handling your inquiry. We process these data based on Art. 6 Para. 1 b) GDPR or Art. 6 Para. 1 f) GDPR to deal with your request.

d) Applications

If you contact us to send us your application as an employee, e.g. by e-mail or via a contact form, your data (e.g. name, e-mail address), your message and the submitted application documents will be processed exclusively for the purpose of processing and handling your application. The legal basis for data processing is § 26 BDSG (new) and Art. 6 para. 1 lit. b) GDPR. The application data will be deleted at the latest one year after receipt of the application. If an employment relationship is created, the data is transferred to the personnel file. The legal basis for this is also Art. 6 Par. 1 lit. b) GDPR.

e) Newsletter

In order to provide you with regular information about our company and our offers, we offer to send you a newsletter. With your registration for the newsletter, we process the data you have entered (e-mail address and other voluntary information).

We obtain the following consent:
„[ ] I would like to subscribe to combit's newsletter. I can revoke my consent at any time by e-mail to info@combit.com or by using the unsubscribe link in the newsletter.“

The newsletter will be sent by registration based on your consent pursuant to Art. 6 para. 1 a) GDPR.
Subscription to the newsletter takes place via a so-called double opt-in procedure. To prevent misuse, we will send you an e-mail after your registration asking you to confirm your registration. In order to be able to prove the registration process according to the legal requirements, your registration will be logged. This affects the storage of the time of registration and confirmation as well as your IP address.

f) Customer account

If you create a customer account, you agree that your pertinent data (name, address, e-mail address, bank details) as well as your usage data (user name, password) are stored. This allows us to identify you as a customer and allows you to manage your orders. We obtain the following consent:
„[ ] I'd like to register as a user. Please save my data for this purpose. I can revoke my consent at any time by e-mail to info@combit.com“

Your data will be processed based on your consent in accordance with Art. 6 para. 1a) GDPR.

g) Purchase completion

We process your order data to process the sales contract. Your data will be processed accordingly based on Art. 6 Para. 1b) GDPR.
We transmit your address data to the company commissioned with the delivery. If it is necessary to process the contract, we will also send your e-mail address or your telephone number to the company responsible for the delivery in order to agree a delivery date (advice).
We transmit your transaction data (name, date of order, method of payment, date of dispatch and/or receipt, amount and recipient of payment, if applicable bank details or credit card data) to the payment service provider commissioned to process the payment.

h) Website analysis and marketing

To enable the use of certain functions, we use so-called cookies. These are short data packets that are stored on your end device and exchanged with other providers. Some of the cookies we use are deleted immediately after closing your browser (so-called session cookies). Other cookies remain on your device and make it possible to recognize your browser on your next visit (persistent cookies).
You can delete all cookies stored on your device and set the common browsers in such a way that the storage of cookies is prevented.
In this case, you may have to apply some settings again each time you visit this website and accept the impairment of some functions.

We use cookies in connection with the following functionalities:

aa) Google Analytics

We use Google Analytics, a service of Google LLC 1600 Amphitheatre Parkway Mountain View, CA 94043 USA. Google uses certain cookies for this purpose. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. We use the stored information to evaluate your use of the website, to compile reports on website activities for website operators and to provide other services associated with website use. We process the data obtained in this way based on our predominant interest in the optimal marketing of our online offer in accordance with Art. 6 Para. 1 f) GDPR. Google will in no case associate your IP address with other data from Google.

Please note that this website uses Google Analytics with the extension "anonymizeIp()". This shortens IP addresses before they are sent to a server in the USA. A direct personal reference in connection with the stored data is thus usually excluded. Only in exceptional cases is the full IP address transmitted to a server in the USA and shortened there.
You can object to the data collection at any time with effect for the future by using the Google Analytics deactivation add-on for browsers at
https://tools.google.com/dlpage/gaoptout?hl=en

Google is certified under:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Please also note the notes on the use of Google data in the Google Partner Network at:
https://policies.google.com/technologies/partner-sites
Further information on data protection can be found at: https://policies.google.com/privacy

bb) Google Remarketing/Retargeting

We use so-called tracking cookies on our website. When you visit our site, permanent cookies store information about which products you have viewed on our site and which ads and pages of third parties allow users to access our website. During a subsequent visit to a partner website, we can display personalized advertising for you based on the articles viewed by you. We process the data thus obtained based on our predominant interest in the optimal marketing of our online offer in accordance with Art.6 Para. 1 f) GDPR. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.

Google is certified under:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Further information on data protection can be found at: https://policies.google.com/privacy

cc) Google AdWords and Google Conversion Tracking

This website uses Google AdWords. AdWords is an online advertising program of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States ("Google").
In the context of Google AdWords we use the so-called conversion tracking. When you click on an ad served by Google, a cookie is set for conversion tracking. Cookies are small text files that the Internet browser places on the user's computer. These cookies expire after 30 days and are not used to personally identify users. If the user visits certain pages of this website and the cookie has not yet expired, Google and we can recognize that the user has clicked on the ad and has been redirected to this page.
Each Google AdWords customer receives a different cookie. Cookies cannot be tracked through the websites of AdWords customers. The information collected using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. Customers see the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, we will not receive any information that personally identifies users. If you do not wish to participate in tracking, you can object to this use by easily deactivating the Google Conversion Tracking cookie via your Internet browser under User Settings. They are then not included in the conversion tracking statistics.

Conversion cookies" are stored based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in analyzing user behavior in order to optimize both his website and his advertising.

Google is certified under:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Further information on data protection can be found at: https://policies.google.com/privacy

You can set your browser to inform about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or generally and activate the automatic deletion of cookies when closing the browser. When cookies are deactivated, the functionality of this website may be limited.

dd) Use of Inspectlet for web analysis

This website uses inspectlet, a web analysis service. inspectlet enables an analysis of the user behaviour on our website (e.g. mouse clicks, mouse movements, scrolling, activities with form fields). We use this anonymous information to further develop our offers for you and to improve user-friendliness. The data about your website usage, including your IP address, is transmitted to an inspectlet server outside Germany and stored there. Inspectlet is used with anonymization of the last two octets of the IP address, so that traceability to individual visitors is technically impossible. After the geolocalization of your IP address, it is deleted again. inspectlet uses the anonymized data to evaluate user behavior on our website and to present it in reports. We process the data thus obtained based on our predominant interest in the optimal marketing of our online offer in accordance with Art.6 Para. 1 f) GDPR. For more information on data collection by inspectlet, please refer to the inspectlet Terms of Use. You can prevent the collection of your data by visiting the website available under the following link and clicking on the button "Exclude my visits from Inspectlet": https://www.inspectlet.com/optout

i) Google ReCAPTCHA

To protect the comment area and the input forms of our websites from spam and misuse, we use the external service reCAPTCHA. This is a service of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA (hereinafter Google). reCAPTCHA enables a distinction to be made between entries of human origin and those improperly made by automated software (also called bots).

When using the service, the following data is transferred to the Google servers in the USA:
- referrer URL
- IP address of the user
- the user's input behavior and mouse movements in the "reCAPTCHA" checkbox area
- Google account: If the user is logged in to his Google account at the same time, this will be recognized and assigned.
- information about the browser used, browser size, browser resolution, browser plugins, language settings, date
- Mouse and touch events within the page
- Scripts and presentation instructions of the website
- Cookies
Processing is based on our predominant legitimate interest in the security of our website in accordance with Art. 6 Para. 1 f) GDPR.

Google is certified under:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Further information on data protection can be found at: https://policies.google.com/privacy

j) Comment function

We offer a comment function on our website. If you use this function, we will not only process your comment, but also your e-mail address and – if you do not post anonymously – your chosen user name.
We process this data based on your consent in accordance with Art. 6 Par. 1 a) GDPR.
We obtain the following consent:
"[ ] I would like to use combit's comment function and agree to the storage of the comment content, the time of creation and my user name. I can revoke my consent at any time by e-mail to info@combit.com or by using the unsubscribe link in the commentary notification"

k) Subscription of comments

If you are a registered user, a comment subscription is available on our site. We process your e-mail address based on your prior consent in accordance with Art. 6 Para. 1 a) GDPR. We obtain the following consent:
[ ] I would like to use combit's subscription function for comments and agree to my e-mail address being saved. I can revoke my consent at any time by e-mail to info@combit.com.

l) Integration of external content

We use external dynamic content to optimize the presentation and offer of our website. When visiting the website, an API is automatically used to make a request to the server of the respective content provider, where certain log data (e.g. the IP address of the user) is transmitted. The dynamic content is then transmitted to our website and displayed there.

We use external content in connection with the following functionalities:

aa) Integration of YouTube videos

We have integrated videos from YouTube LLC, 901 Cherry Ave. San Bruno, CA 94066, USA ("YouTube"). When the videos are played, log data is transferred to YouTube servers in the USA. This processing is carried out based on our predominant legitimate interest in optimal marketing of our offer in accordance with Art. 6 Para. 1 f) GDPR.
YouTube is certified at: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Further information at: https://policies.google.com/privacy

bb) Google Maps

We use Google Maps on our website to provide you with an interactive map. When the map is displayed, data, including your IP address and your location, is transferred to Google servers in the USA and stored there. This processing is carried out based on our predominant legitimate interest in optimal marketing of our offer in accordance with Art. 6 Para. 1 f) GDPR.

Google is certified under:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Further information on data protection can be found at: https://policies.google.com/privacy

cc) Google Fonts:

To make visiting our website attractive, we use external fonts from Google Fonts. These are loaded when visiting the site from servers of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google does not store any cookies in your browser. According to our information, however, the IP address of the user's device is transmitted to Google and stored. This processing is carried out based on our predominant legitimate interest in optimal marketing of our offer in accordance with Art. 6 Para. 1 f) GDPR.

Google is certified under:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Further information on data protection can be found at: https://policies.google.com/privacy

dd) Using the JW Player

This site uses the JW video player to display videos. This service is provided by Longtail Ad Solutions, Inc, 2 Park Avenue, 10th Floor, New York, NY 10016 and parts of the player are loaded from Longtail's servers in the USA to play the videos. Your IP address, date and time of access, transferred data volume and the requesting provider (access data) are transmitted to the Longtail servers. This processing is based on our predominant legitimate interest in optimal marketing of our offer in accordance with Art. 6 Par. 1 f) GDPR. Further information on data protection can be found at: https://www.jwplayer.com/privacy/

ee) Use of the DigiCert Trust Seal

This website uses the DigiCert Trustseal to increase the security of the website and to make this transparent for you. This service is provided by DigiCert, Inc, 2801 North Thanksgiving Way, Suite 500 Lehi, Utah 84043, USA. When the trust seal is called up, your IP address, the date and time of the call, the amount of data transferred and the requesting provider (access data) are transmitted to DigiCert's servers. These data are transferred due to our legitimate interest in the best possible marketing of our offer according to Art. 6 Par. 1 f) GDPR. Further information can be found in the Data Protection Statement of DigiCert.

m) Social plug-ins

We use plugins from third parties on our websites. This allows you to inform your contacts whether you like our website, refer to content or share content. The plugins are identified by the logo of the respective third party provider.
When you visit our site, your data is transferred to the respective third-party providers.
If you are also a user of a third-party provider, this data can be assigned to the corresponding user account at the provider.
This data may also be transferred to the third-party provider if you are not registered as a user with the third-party providers and do not click on the plugin on our pages.
In the case of a transfer without simultaneous registration with the third party provider, however, it is not directly possible to establish a direct personal reference to you, e.g. via the IP address; this would only be possible via information from your provider.
The purpose and scope of data processing by the third party provider can be found in the data protection information of the respective provider.
These data are processed based on our predominant legitimate interest in optimal marketing of our online offer in accordance with Art. 6 Para. 1 f) GDPR.

On our website, plugins of the following providers are used:

Twitter plugin, the Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07 Ireland.
Certification at: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active
Further information is available at: https://twitter.com/en/privacy

C. Duration of data storage

We only store personal data for as long as it is necessary for the purposes for which they are processed or if your consent has not been revoked. As far as legal storage obligations have to be observed, the storage period for certain data can be up to 10 years irrespective of the processing purposes.

D. Your rights as a party concerned

a) Information

Upon request, you will receive information about all personal data that we have stored about you at any time and free of charge.

b) Correction, deletion, restriction of processing (blocking), objection

Should you no longer agree to the storage of your personal data or should these have become incorrect, we will arrange for the deletion or blocking of your data or make the necessary corrections (if this is possible under the applicable law) upon instruction to this effect. The same applies if we are only to process data to a limited extent in the future.

c) Data transferability

Upon request, we provide your data in a common, structured and machine-readable format, so that you can transfer the data to another person responsible if desired.

d) Right of appeal

There is a right of appeal to the competent supervisory authority: https://www.bfdi.bund.de/DE/Service/Kontakt/kontakt_node.html

e) Right of revocation for consents with effect for the future

You can revoke your consent at any time with effect for the future. Your revocation does not affect the legality of the processing until the time of the revocation.

f) Restrictions

Data for which we are not able to identify the person concerned, e.g. if anonymized for analysis purposes, are not covered by the above rights. Information, deletion, blocking, correction or transfer to another company with regard to this data may be possible if you provide us with additional information that allows us to identify the data.

g) Exercising your rights as a person concerned

For questions regarding the processing of your personal data, information, correction, blocking, objection or deletion of data or the request to transfer the data to another company, please contact info@combit.com.

E. data integrity

To ensure the security of the data transmitted to us, we use TLS 256 bit encryption. You can recognize encrypted connections by the prefix "https://" in the page link in the address line of your browser. Unencrypted pages are marked with "http://".
All data that you transmit to our website – such as inquiries or logins – cannot be read by third parties thanks to TLS encryption.

combit Software License Agreement

Please read carefully before installing.
Issued May 10, 2017

It is in your best interest to produce backup copies regularly in order to avoid extensive damage due to the loss of data! Please also include the original software in the initial backup and keep this backup in a safe place together with the product license certificate.


  1. Contractual basis

    1. Preamble

      1. The following provisions apply to all software products of combit Software GmbH (referred to as combit in the following). An up-to-date version of these license terms can be accessed at www.combit.com/reporting-tool/legal-notice. In the absence of any deviating written agreements with combit, you consent to the content of these license terms by opening the sealed packaging and/or by agreeing during the installation and/or by agreeing during the registration via the electronic form respectively. Every use of the combit software, which exceeds these regulations, requires the prior written consent of combit.

      2. The combit software, including all further accompanying materials or documents, which will be placed at your disposal by combit regardless of the form (solid or immaterial), are protected by copyright. Unless otherwise expressly indicated, combit is exclusively entitled to all rights, particularly the copyright, trademark law and further ancillary copyrights.

      3. combit software is not sold but licensed. You can only become proprietor of the data carrier and the packaging. By accepting these license terms combit grants you an unlimited, not exclusive license for the use of combit software in accordance with the provisions of this license agreement.

      4. If you disagree with any provision of this agreement, you may neither continue with the installation nor run the combit software, pass it on or use it in any other way. In such a case, we ask you to return the combit software with its packaging to the source of purchase and you will receive a full refund of the purchase price.

    2. Definition of terms

      1. „combit software“ comprises all data processing programs and data, which are provided by combit as download or on data storage media. This also includes digitalized pictures, inventory photographs, clipart, audioand other artistic works, associated accompanying information (documentation) – also electronic versions, as well as character styles (fonts). The term „combit-software“ further comprises all upgrades, patches, modified versions, updates and/or extensions of the combit software.

      2. The term „use“ generally means the access, installation, download, copying, duplication, usage, playing and any other usage of the functions of the combit software.

      3. „Personal, user dependent software license“ means that a number of licenses must be purchased, which corresponds to the number of users/developers.

      4. „Upgrade“ describes a new product version of a combit software. This new product version may contain new functions and/or error corrections.

      5. „Upgrade“ also describes an extension of the software license. This could e.g. be an upgrade from one to several users or from the Standard to the Enterprise Edition.

      6. The term „computer network“ refers to an open or closed, permanent server/client network consisting of at least one central computer (server) and several computers (clients), which are capable of communicating and exchanging data among each other. The term „computer network“ also describes a permanent connection of computers to a closed network without a central computer, which saves and administers network data/applications (peer-to-peer network, cloud computing).

      7. „Developer“ is every person who participates in the production process of a software product or in the implementation of a software project and who has the possibility to work with the combit software and/or profits from its functionalities in the production process or the implementation.

      8. Ein „product“ is every asset, which is developed by you in a value-added process, particularly software, which is programmed by you.

      9. The term „project“ describes a plan to reach a specific goal and which is characterized by the fact that it is primarily a one-time project. This applies in particular to software projects at your or your customer’s business.

      10. „Encapsulation“ means to hide data or information in order to prevent external access, which is done by incorporating one or several runtime libraries in a customer’s new file.

      11. A „server application“ ” is an application or a service, which is capable of being launched or used on one computer by another computer. A server application refers in particular to web server and in-house intranet server.

  2. Content of the services

    1. General terms of use

      1. combit grants you a personal, non-exclusive right of use of combit software including its documentation. The software license granted to the customer is user-dependent and personal. If combit software is purchased by a legal entity, a person must be designated within the organization to have the sole right to use the software. The granting of sub-licenses is not permissible.

      2. You may install and use copies of combit software up to the agreed and permissible number on one computer and the permissible number of computers respectively. If you switch to a different computer, you are obligated to delete combit software completely from the previous computer if the permissible number of users is otherwise exceeded.

      3. If a rotational backup of the complete data including combit software is required for data security reasons or in order to assure a quick reactivation of the computer after a total breakdown you are allowed to make as many backup copies as absolutely necessary. The respective data carriers are to be marked adequately and may only be used for archival purposes.

      4. The generation of further copies of combit software is not permitted.

      5. You are obligated to prevent unauthorized third parties from accessing original data carriers, back up and further copies, license certificates and its content as well as the documentation of the combit software. The duty to comply with the license terms as well as the copyright of combit software is to be expressly pointed out to employees.

    2. Multiple use and use within a network

      1. It is not permitted to simultaneously store, retain and use more copies of combit software as licensed. If you – or several people – want to use combit software on multiple computers, you have to purchase the respective number of licenses of combit software.

      2. You may install a copy of combit software on a computer, which is connected to a computer network in order to download and install the permitted number of combit software on other computers in the computer network. The number of developers/users, who have access to or use combit software, may not exceed the permitted number; in the absence of any deviating entries in the product description, it is irrelevant for this number if the software is being used at the same time or at different times. Other terms shall only apply if a simultaneous access license is granted for certain products (e.g. combit Relationship Manager). In this case, there is no limit as to the number of installed copies of the software; however, simultaneous use is only permitted in accordance with the number of purchased licenses.

      3. Every other use of combit software within a computer network is not permitted. This includes direct use via commands, data or instructions from or to another computer, which is not part of the computer network, the use for Internet or application service provider or web hosting services or the use of the software by unauthorized developers/users. If combit software is used within a computer network, you are obligated to prevent unauthorized use and use, which exceeds the number of licenses of combit software by implementing adequate access regulations.

      4. If combit grants a notebook license, it is a single user license in terms of content, which is sold at a reduced rate due to an existing basic license. The notebook license is only valid in combination with a basic license and does not increase the number of personalized users./p>

      5. If the data medium contains software of third parties (e.g. Microsoft SQL Server Express), a use of this third party software is only permitted if a license agreement is concluded with the third-party developer.

      6. The contractually designated right of use of combit software is granted upon full payment of the license/purchase price by the customer. Until complete payment, combit reserves the right to transfer ownership. In order to protect the license, there are safeguards integrated in the combit software, which to some extent will transmit violations of the permitted number of users within the network.

      7. In case the contract is reversed the customer is obligated to delete the original combit software and all copies including any modified copies as well as all provided written material. In this case, you are obliged to provide combit with a written notification confirming the deletion.

      8. Even if various combit software products support third-party software for signature processes, combit explicitly indicates that it is neither a provider of signature software nor a certified provider of digital signatures.

      9. combit reserves the right to make product modifications, which do not affect the software’s general operability.

    3. Source code, decompiling and program modifications

      1. The client will receive the combit software in the form of object code. The client will only be provided with technical program documentations, in particular the source code, if this is specified in the user documentation (development tools).

      2. You commit yourself not to change, translate or alter the combit software. You also undertake to neither decompile the provided combit software nor to disassemble it or to carry out any further actions, which enable you to reveal the various manufacturing stages (reverse engineering) or to try to uncover the source code of combit software in any other way or to translate it into a generally readable form without prior written consent of combit.

      3. Under no circumstances may copy protection mechanisms or any further protection routines, copyright mentions, serial numbers as well as other features necessary for the identification of the program be disabled or altered.

    4. Upgrades

      1. combit publishes upgrades for combit software at their own discretion. This will be made available to you for a license fee.

      2. In order to be able to use upgrades you must be in possession of a valid license for the combit software. If the combit software is an upgrade of a previous version, you must be in possession of a valid license of this previous version of the combit software in order to be able to use the upgrade.

      3. You may only upgrade combit software upon payment of a license fee and if you are already in possession of a valid license. Licenses for upgrades of combit software must be purchased according to the permissible number.

      4. All upgrades will be made available to you based on a license exchange. You accept that by using the upgrade you voluntarily renounce the right to use the previous version of the software. You confirm that all of combit’s obligations to support previous versions of the combit software are terminated after availability of the upgrade.

    5. Development tools

      1. If multiple developers work on a product/project for which combit software is used, each developer of the product/project must have his own license.

      2. If multiple developers work on a product/project and if therefore multiple licenses are required, these licenses must all be of the same license type. This means that a parallel use of Standard and e.g. Professional or Enterprise editions is not possible.

      3. In the context of the development, it is not permitted to design a program or a module whose goal it is to be primarily used in print and/or primarily for the preparation/allocation of reports (such as label software, reporting programs, etc.) or which compete directly with combit software.

      4. You have the right to reproduce or pass on the object code version of parts of the combit software if these are expressly marked as redistributable components in the documentation.

      5. You do not have the right to distribute the object code of the redistributable component/runtime module of the combit software as part of a software product, which could be used for the development of software products. Therefore, the functionality of the redistributable components/runtime modules of the combit software must not be made available to third parties and combit software must not be usable separately from this surrounding software application.

      6. You also do not have the right to encapsulate the redistributable components/runtime modules of the combit software into your own runtime modules. Therefore, you are prohibited from providing the redistributable components/runtime modules for instance in source code or also in compiled form (such as DLL or EXE-file) to other developers.

      7. It is possible to deviate from the license agreement in ciphers 2.5.3 – 2.5.6 by way of a written supplemental agreement.

      8. The redistributable components/runtime modules may only be passed on to third parties under the following conditions:

        • no encapsulation of redistributable components/runtime modules of the combit software;
        • combit software is used in accordance with the license terms whereas particularly the number of developers/users may not be exceeded;
        • you will distribute the redistributable components/runtime modules of the combit software only with your software product and as part of the same;
        • you will not use the name, logo, brand or any other characteristics of combit or the combit software for the marketing of your software product;
        • you will undertake any end customer support, particularly for the redistributable components/runtime modules;
        • you will keep combit indemnified against all liabilities including attorney fees which could arise from the use of your software product;
        • due to license terms the end customer will be specifically prohibited from redistributing the redistributable components/runtime models and
        • the license terms must contain an explicit and distinct copyright notice, which points out combit’s proprietorship of the redistributable components/runtime modules. This copyright notice is to be included in the start-up screen and/or the program information and is to be placed clearly visible on the screen. This implies that the aforementioned copyright notice is always placed next to your own copyright notice and presented in identical size. It is generally possible to waive the obligation to display the copyright notice by means of a separate agreement (copyright waiver). Such an agreement must be in writing. Please contact our sales department if you are interested.

      9. You are not permitted to use the combit software as component of a server/web server application on the internet/intranet such as http-, https-, wap/wtp-protocol. The aforementioned use is only permitted if you purchase an appropriate (server) license from combit, which is possible at any time. If the underlying server/web server application is licensed on a user-dependent basis than the required number of users corresponds to this number. Otherwise, the maximum possible number of simultaneous users is to be licensed. By purchasing the Enterprise Edition, the aforementioned use is permitted for an arbitrary number of servers/web servers and users.

      10. The aforementioned rights within the scope of the development tool will be granted by means of purchase of the standard edition of the respective combit software. By purchasing the Professional or the Enterprise Edition, your legal position will be strengthened and extended. Additionally, there is the possibility to make individual arrangements. Please contact the sales department for further information. In this context, we would also like to refer you to the FAQ, which are available on www.combit.com/reporting-tool/faqs/.

  3. Ensuring the performance of the services

    1. Claims for defects

      1. Unless otherwise specified below, the statutory provisions apply to your rights in case of material defects and defects of title.

      2. The basis for any claim for defects is first and foremost the agreement regarding the condition of the combit software. The product description, which you were provided with at the time of order or which was incorporated by means of written agreement, shall be considered as agreement on the quality of the product.

      3. If the parties did not agree on the condition of the goods, the existence of a defect is to be determined by means of the statutory rules (Sec. 434 para. 2 s. 2 and 3 BGB). Any information about the product contained in leaflets, brochures, advertisements, documentation and similar writings are only descriptions and do not contain any statement regarding the condition of the goods.

      4. By taking quality assurance measures, combit puts in great efforts to assure that the product is free of any defects. However, according to today’s state of the art it is not possible to produce software free of defects.

      5. If you are a merchant, claims for defects require that you complied with your statutory obligation to examine the goods and give notice of non-conformity (sect. 377, 381 HGB). If the examination shows or you later discover a defect, combit must be notified immediately about the deficiency of the goods. The notification is considered immediately if sent within two weeks whereas timely dispatch shall suffice to keep the term. Independent of this obligation to examine and give notice of the non-conformity of the goods you must inform combit in writing within two weeks after delivery of obvious defects (including wrong and short delivery). Timely dispatch shall suffice to keep the term.

      6. If you fail to examine the goods and/or fail to give notice of defect, combit’s liability for this defect is excluded.

      7. If the delivered object is defective, you may choose between the remedy of the defect (amendment) and the delivery of an object free of defects (compensation delivery). If you do not choose any of the aforementioned rights, combit may allow a reasonable time to do so. If you do not make a choice within this time limit, the right of choice demises to combit.

      8. combit is entitled to hinge the supplementary performance on the due payment of the purchase price. You are entitled to retain a – in relation to the defect – fair amount of the purchase price. You must hand over the rejected goods to combit for test purposes and grant the time necessary for the supplementary performance. In case of compensation delivery, you must return the defective object according to the statutory provisions.

      9. If a defect really exists, combit is responsible for any costs incurred by the examination and supplementary performance, in particular transport, infrastructure, labor and material costs. However, if your request for removal of defects turns out to be unjustified, combit may ask for reimbursement of the incurred costs.

      10. In urgent cases, such as the threat of the operational safety or in order to prevent disproportionately large damage, you have the right to remedy the deficiencies yourself and ask combit for reimbursement of the cost necessary from an objective point of view. combit is to be informed immediately of and if possible prior to such a self-remedy of defects. However, there is no right to self-remedy of defects if combit is entitled to refuse supplementary performance under the statutory provisions.

      11. If supplementary performance fails or a suitable period of time for supplementary performance has lapsed without success or is legally superfluous, you may exercise your right of withdrawal or request an abatement of the purchase price. In case the defect is insignificant, the right of withdrawal is excluded.

      12. Any entitlement of damages and any compensation for futile expenses exist only in accordance with sect. 3.2 and are excluded for all other cases.

      13. If a program or parts of a program is modified or extended by yourself, any warranty claim will lapse unless it can be proven that in case of defect this modification and/or extension did not cause the defect. The warranty claim lapses also if the defect, failure or damage was caused by improper use, disregard of data security instructions, hardware failure, failure of the operating system or any other incident, which is outside of combit’s area of responsibility.

    2. Liability

      1. combit is liable without limitations for damages

        • for injuries to life, body or health resulting from an intentional or negligent breach of duty or behavior of combit or one of its legal representatives or auxiliary persons;
        • caused by the absence or the omission of a guaranteed quality or the failure to comply with a guaranty;
        • caused by an intentional or grossly negligent breach of duty or behavior of combit or one of its legal representatives or auxiliary persons;
        • caused by fraudulent concealment of a defect by combit.

      2. combit’s liability is limited to the compensation of losses foreseeable and typical for this contract and cause by a negligent breach of a substantial contractual obligation (cardinal obligation) by combit or one of its legal representatives or auxiliary persons.

      3. combit’s liability for all further cases of negligence is limited to an annual compensation or a sum five-times the purchase price for each case of damage.

      4. In case of data loss caused by negligence, combit is only liable for damage, which would have been caused even if you had secured the data properly and on a regular basis, depending on the importance of the data; this limitation does not apply if the data backup was impossible or impeded due to reasons attributable to combit.

      5. The aforementioned provisions apply correspondingly to combit’s liability with regard to the compensation for futile expenses.

      6. The liability according to the Product Liability Act remains unaffected.

      7. In case combit is not liable according to ciphers 3.2.1 – 3.2.6 all further liability is hereby excluded.

    3. Limitation of time

      1. Deviating from sec. 438 para. 1 no. 3 Civil Code (BGB), the limitation period for claims arising out of material defects or defect of title is one year after handover. The legal special regulations shall remain unaffected for claims for return based upon a property right of a third person (sec. 438 para. 1 no. 1 BGB), in case of fraudulent intent of combit (sec. 438 para. 3 BGB) and for suppliers’ claims for recourse in case of final delivery to a consumer (sec. 479 BGB).

      2. The aforementioned limitation period of the sale of goods law applies also to contractual and non-contractual claims for damages of the customer, which originate from a defect of the contract goods, unless the application of the regular statutory limitation period (sec. 195, 199 BGB) results in a shorter limitation period in individual cases. The limitation period of the Product Liability Act remains unaffected.

    4. Right to be informed

      1. Due to copyright reasons and in order to secure combit’s position, the parties agree to a contractual right to be informed. combit may inquire at any time how many users and/or developers are using combit software or are working on a product/project.

  4. Contractual performance

    1. Commencement and termination of contract

      1. All rights according to these provisions will set in with complete payment of the license fee.

      2. The license is granted for an indefinite period of time. If you violate any of these fixed license terms the license will automatically be terminated without notice. In case of termination, you are obligated to delete the software and all back-up copies. In this case, you are obliged to provide combit with a written notification confirming the deletion.

  5. General provisions

    1. The law of the Federal Republic of Germany applies to this agreement. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

    2. Jurisdiction for all disputes arising out of or in connection with the contract is the domicile of combit for all merchants, corporate bodies under public law or public fund assets within the meaning of the Commercial Code (HGB). Place of performance for delivery and payment is the registered office of combit. combit may file a suit against merchants at the customer’s place of jurisdiction or any other legal jurisdiction. As for the rest, the legal requirements shall apply.

    3. The parties did not agree on any subsidiary arrangements. Any amendments must be made in writing. The same applies to the removal of the written form clause.

    4. Should individual terms of the contract including this provision be or become partially or completely invalid, this shall not affect the validity of the other contract terms. The terms of the contract comply with the statutory provisions. In the absence of statutory provisions, the invalid provision shall be replaced by a provision which comes as close as possible to the economic intent.

    5. This English version shall be used only for assistance in translation of the German version of the Software License Agreement. For any legal interpretation or claim, the German version shall prevail. The German version can be accessed at www.combit.net/lizenzvertrag.

combit License Agreement Software Lease

Please read carefully before installing.
Issued May 10, 2017

This is a legal agreement between you (‘customer’) and combit Software GmbH, Germany (‘combit’). By opening the sealed packaging, by agreeing during the installation or by agreeing during the registration via the electronic form you agree to be bound by the terms of this agreement. Please read carefully! If you do not agree to the terms of this agreement, you may not open this envelope respectively continue with the installation! In this case, you should however, promptly return the complete packaging and all accompanying items to your place of purchase, for a full refund.

It is in your best interest to produce backup copies regularly in order to avoid extensive damage due to the loss of data! Please also include the original software in the initial backup and keep this backup in a safe place together with the product license certificate.


  1. Product Capability, Software Lease

    1. Specifications given in brochures, advertisements, documentation and any other written notices are descriptive only and do not constitute any guarantees regarding the condition of the products. Guarantees regarding the condition of products require an explicit, written form. This applies equally to any indication of price or the release of add-ons and extensions. Technical data, specifications and functional design specifications in the software product descriptions do not constitute guarantees regarding the condition of the products, unless this was expressively confirmed as such by combit.

    2. Possession of the software is transferred on the basis of a lease. The right to use the software exists therefore only during the term of the lease. Saving an agreement to the contrary in the following provisions, the provisions of the lease, §§ 535 ff. German Civil Code apply.

  2. Term and Implementation of Contract

    1. The minimum term of contract is 30 days. The customer may terminate the lease at any time in writing with a term of notice of 14 days until the end of a month. The lease may be terminated by combit in written form with a term of notice of 6 months until the end of a month.

    2. An online comparison is used to ensure that the term of contract matches the period during which it is possible to run the software. In this respect, the customer undertakes to carry out a validity check periodically online.

    3. combit points out that the software can no longer be run if the validity check in accordance with 2.2 is not carried out or is carried out late. An expansion of the leased licenses (upgrade, expansion or reduction of the number of seats) is possible effective at the start of the next month during the term of the contract.

    4. Upon request by the customer, combit will ensure that the aforementioned validity check does not prevent the customer from continuing to use the software for a period of 12 months in the event of insolvency on the part of combit.

    5. The license fee to be paid for the monthly lease on the software shall be due for payment in advance on the first day of each month. As a rule, payment will be made by credit card.

  3. Grant of License

    1. The customer may use combit software products (‘software’) and documentation solely on the basis of a license granted by combit.

    2. With this software license combit grants the customer an individual and personal, nonexclusive, and only by the consent of combit transferable right to use the licensed software. This right does not include the right to under-license. In the case that the customer is a legal entity, combit grants the right to designate one individual within the organization, to have the sole right to use the software, in the manner provided in this license agreement.

    3. Being that this is a user dependent, personal software license, any customer who wants the software to be used by several employees has to purchase the number of software programs that correspond with the number of users. The exception being that the written offer and/or the confirmation of order determines the number of users that are licensed to use the product on all CPUs in a network or as users of alone standing CPUs. The customer may not exceed the determined number of users at any time.

    4. Additional Notebook Licenses (e.g. combit Relationship Manager): If the customer would like to make it possible for an individual user of the software license on the network to use this program alternately with a mobile computer i.e. a notebook, then an additional Notebook License is required. Such a license must be acquired for every user of the network that desires to use the program. It is insignificant whether the Notebook is only occasionally integrated into the network or is used totally independent therefrom. The additional Notebook License is only valid in connection with the Basic-License and does not increase the number of personified users. If the customer wishes to increase the number of users, then the customer must acquire the appropriate number of programs for the number of users. 3.3 is valid accordingly.

    5. combit agrees to the use of another system, if it replaces the original system used, as long as the identical version of the licensed software can be used on the new system. If the system is switched, the software is to be deleted on the former system. The simultaneous installation, storage, or use on more than one system is inadmissible.

    6. Resale, donation, leasing or other dissemination of the software to third parties is prohibited.

    7. The software is provided in the form of an object code. The provision of technical program documentation, especially source codes, is not obligatory and is not a part of the provision, except when the user documentation is governed differently (development tools). The right to examine these records is not given. The customer may not use any procedure in order to reproduce source programs or parts of source programs, or to request information on the conception or construction of the software. Excluded thereof are solely the cases of § 69e UrhG (Urhebergesetz)

    8. The software may be copied or multiplied only as often as necessary for use on the licensed system and for the purpose of backup or archive copies. The documents provided, including manufactured copies, are to be destroyed, without special request, at the end of use or after having purchased an update according to 3.13, as long as the customer is not forced by law to keep them.

    9. 9 The use of the licensed software within a network, or a similar processing system is not permitted if the ability to simultaneously use the software is achieved. If the customer wants to use the program within a network, simultaneous multiple use has to be guarded against, through security measures, except if the written offer and/or the confirmation of order, according to 3.3 imply a different agreement.

    10. In case the provided data carrier contains software, which was not included in the license given to the customer, the customer may use the software only if a separate license has been granted.

    11. The customer is to hold all software information, as well as the applied methods and procedures confidential. He/she is especially obliged not to use the proprietary procedures and ideas, directly or indirectly, for the creation of another software product. A change to the licensed software requires an explicit written agreement from combit.

    12. combit, and combit alone reserves all rights, especially copyrights, for the provided software as well as the documentation, as long as this is not explicitly marked differently.

    13. Software licenses are granted for a limited time. The conceded right of use expires at the end of the rental contract between combit and the customer, irrespective of the cause in law of termination.

    14. combit notes, that customers who violate copyright laws, are liable for all damages that occur as a result of these copyright law violations.

    15. During the term of the contract, combit will make updates available to customers in the form of new program versions of the software. In this case, the old license loses its validity. The customer will accept the program versions offered to the customer by combit unless this cannot reasonably be expected of the customer. If the customer refuses to accept the new version, combit is entitled to terminate the software lease in writing with a term of notice of six months until the end of each calendar month.

    16. If the contract ends, then the customer is obligated to destroy the original software and all copies including any modified copies as well as all written documents. The customer will confirm fulfillment of this to combit in writing within 14 days.

    17. Third-party software: with the software, combit may also transfer possession of third-party software, e.g. Microsoft SQL Server Express. combit expressly points out that it is not the supplier of this software and is not responsible for it. Any and all warrantees and liability for this third-party software are ruled out; it is not part of the subject matter of this licensing agreement for software leasing.

  4. Warranty

    1. combit makes every effort through the implementation of quality assurance measures to keep software free of defects, but points out that with current technology it is not possible to guarantee that software is completely free of defects.

    2. The customer initially has the choice between having combit remedy the defect and making a replacement delivery. However, combit is entitled to refuse the selected option if this would only be possible at inappropriate costs or if a follow-up product is available that no longer has this defect and if this type of retrospective fulfillment is not connected with any substantial disadvantages for the customer.

    3. If attempts to eliminate the defect – which combit may attempt twice – fail or if combit does not offer a program version free of defects, the customer has the right to withdraw from the contract or reduce the purchase price to an appropriate extent (abatement of purchase price).

    4. However, in case of a minor breach of contract – especially in case of slight defects – the customer is not entitled to withdraw from the contract and to claim for compensation instead of damaged goods or instead of the provision of service.

    5. The customer does not receive any guarantees from combit in a legal sense unless this was agreed upon in writing.

    6. The warranty is void for any programs or parts of programs that were modified or extended by the customer, unless the customer can furnish proof to combit that such modifications or extensions are not the cause of the defect. The warranty claim is also void in case of defects, suspensions, interruptions and damages that are a consequence of incorrect operation, hardware and operating system failures, non-compliance with data security regulations or other processes outside of combit’s responsibility, or if the customer denies combit the opportunity to investigate the cause of the defect.

    7. The aforementioned warranty provisions are valid solely during the term of contract. Use of the software after the end of the contract is prohibited (see 3.13 above); therefore no warranty claims exist from that point in time onward.

  5. Notice of Defects

    1. If the customer is a contractor, he/she shall immediately check the software for completeness and quality upon receipt. Evident defects must be communicated in writing to combit within 14 days as of the receipt of product; otherwise, the assertion of the warranty claim is excluded. The dispatch of the notice in due time is sufficient to adhere to the limitation period.

  6. Liability for Defects

    1. If the customer is a contractor claims for damage due to defects of the goods require that the customer has followed the examination and notice of defects procedure as stated in 5.

    2. combit‘s liability is regulated by law in case the customer claims damages which are due to an intentional or gross negligent breach of contract or in case of a slightly negligent breach of significant contractual obligations. This also applies to the breaches of obligations by combit‘s legal representatives or vicarious agents. Unless combit is not accused of intentional breach of contract, combit‘s liability is limited to the typical, foreseeable, and direct average damage. This applies also to damage liability caused by delay.

    3. combit‘s liability – unless combit is not accused of intentional breach of contract – is also limited to the foreseeable, typically occurring damage if the customer exercises his/her right of withdrawal or reducement of purchase price.

    4. Liability due to wrongful personal injury to life, body or health as well as liability according to the product liability law and a legal product liability remain unaffected.

    5. The period of limitation for claims due to defects is one year from receipt of the product for entrepreneurs and two years from receipt of the product for consumers, calculated from the transfer of risk. This does not apply in case of fraud and in case, combit should give a warranty.

  7. Aggregate Liability

    1. Beyond 6 any further liability concerning contractors is excluded, irrespective of the legal reason. This applies particularly for damage claims resulting from precontractual liability, for other breaches of duty or for torturous liability or concerning damage to property according to § 823 BGB.

    2. As far as liability for compensation towards combit is excluded or limited this applies also to the personal liability claims for damages against combit‘s employees, legal representatives or vicarious agents.

    3. An exclusion period of 18 months applies to the limitation for all claims of contractors that are not subject to limitation due to a defect of product.

  8. Product Changes

    1. combit may make product changes that do not effect general functional capability.

  9. Final Clauses

    1. The law of the Federal Republic of Germany applies to this agreement. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

    2. Jurisdiction for all disputes arising out of or in connection with the contract is the domicile of combit for all merchants, corporate bodies under public law or public fund assets within the meaning of the Commercial Code (HGB). Place of performance for delivery and payment is the registered office of combit. combit may file a suit against merchants at the customer’s place of jurisdiction or any other legal jurisdiction. As for the rest, the legal requirements shall apply.

    3. The parties did not agree on any subsidiary arrangements. Any amendments must be made in writing. The same applies to the removal of the written form clause.

    4. Should individual terms of the contract including this provision be or become partially or completely invalid, this shall not affect the validity of the other contract terms. The terms of the contract comply with the statutory provisions. In the absence of statutory provisions, the invalid provision shall be replaced by a provision which comes as close as possible to the economic intent.

    5. This English version shall be used only for assistance in translation of the German version of the Software License Agreement. For any legal interpretation or claim, the German version shall prevail. The German version can be accessed at www.combit.net/lizenzvertrag.

combit GmbH: General Terms and Conditions

Please read carefully.
Issued May 10, 2017

It is in your best interest to produce backup copies regularly in order to avoid extensive damage – due to the loss of data! Please also include the original software in the initial backup and keep this backup in a safe place together with the license certificate.<7>


  1. Scope

    1. All contracts entered into by combit Software GmbH (hereafter referred to as combit) are exclusively governed by the terms and conditions as laid out in these General Terms and Conditions.

    2. These General Terms and Conditions also form the basis of any subsequent services and deliveries, even if they are not explicitly mentioned.

    3. In the event that any of the terms and conditions contained herein conflict with the customer’s General Terms and Conditions, combit’s General Terms and Conditions take precedence.

      1. Consumers, in these General Terms and Conditions, are persons with whom combit enters into business relations and who do not pursue freelance or commercial professional activities.

      2. Contractors, in these General Terms and Conditions, are natural persons, legal entities, or unincorporated firms having legal capacity with whom combit enters into business relations and who pursue commercial or freelance professional activities.

      3. Customers, in these General Terms and Conditions, are both consumers and contractors.

  2. Formation of Contracts

    1. Specifications given in brochures, advertisements, documentation and any other written notices are descriptive only and do not constitute any guarantees regarding the condition of the products. Guarantees regarding the condition of the products require the explicit, written form. This applies equally to any indication of price or the release of add-ons and extensions. Technical data, specifications and functional design specifications in the software product descriptions do not constitute guarantees regarding the condition of the products unless this was expressively confirmed as such by combit.

    2. Written offers from combit are legally binding for a 30-day period, unless another term has been arranged in writing. This period starts with the date of the offer.

    3. Customers are bound to their orders for a period of 2 weeks starting from combit’s receipt of the order.

    4. A contract comes into force either by the timely acceptance of combit’s offer or through written confirmation of a customer's order from combit.

    5. If the customer places his order in electronic form, combit will immediately confirm the receipt of the order. The receipt of the order does not constitute a binding acceptance of the order. The confirmation of the receipt of the order can be combined with the declaration of acceptance. The contract text is stored by combit and sent to the customer electronically upon request or can be called by the customer electronically.

    6. The sole delivery of software, performing maintenance work or other services, or the delivery of accessories does not constitute a confirmation, nor are they a replacement for one.

    7. Regardless of the time and the form of the agreement, agreements on the customer’s rights to the software (software license agreement), its support and maintenance (maintenance contract) and any training in the use of the software, as well as deliveries of accessories and other services are legally independent and form a separate contract with regard to rights and obligations, legal consequences and warranties.

  3. Prices

    1. Prices are determined, in case of a timely acceptance of a written offer by combit, by such offer; otherwise, in the absence of a divergent written agreement, they are taken from combit’s price and product list valid at the time of acceptance of the order.

  4. Terms of Payment

    1. Payments are due on receipt of the goods in full. If payment is not received within 8 days, the customer is in default.

    2. As a rule, bills of exchange, checks and other payment orders are not accepted. If they are accepted, this is done on account of performance only.

    3. A set-off of own claims is possible only on claims that are uncontested or have been legally established. The customer can only claim recoupment if these relate to the same contractual relationship.

  5. Delivery and Service Not Rendered According to Contract

    1. Terms of deliveries and services are legally binding only if they are contained in a written offer or a written order confirmation from combit. When contractually agreed delivery and service terms have elapsed, the customer shall grant combit a 14-day extension period in which to perform, in writing. If this period elapses without result, the customer may withdraw from contract. This period is calculated from the time the goods leave combit’s site.

    2. A reasonable period of extension for delivery and performance is allotted when unforeseeable events or force majeure such as strikes, lockout, transportation disruption, governmental authority actions, etc. have a significant impact on combit’s ability to deliver and/or perform. If such impediments persist for longer than a month or if such an impediment may render delivery or performance of service permanently not or not according to contract, both parties are entitled to revoke the contract.

  6. Retention of Title

    1. Until such time as all claims resulting from this contract and any other claims by combit against the customer that exist at the time of signing the contract are fulfilled, combit reserves the title for the delivered products (hereinafter called conditional merchandise).

    2. The customer may use conditional merchandise within the framework of its business. Any integration, merging, processing or conversion of the conditional merchandise may be carried out solely on combit’s behalf, who acquires co-ownership of the finished goods or the new product, in proportion to the value of the conditional goods to the finished goods or the new product.

    3. The customer is entitled to resell the conditional merchandise and products in which combit is a co-owner, in the course of the proper conduct of its business, with ownership of title conditional. The customer assigns future claims resulting from resale in the amount of the invoice value of the conditional merchandise until complete settlement of all claims listed under (1) as a security to combit, who accepts such assignment. If combit has only partial co-ownership in the sold goods, these claims are assigned to the value of the selling price of that part, but with priority above any other claims.

    4. The customer has to inform combit immediately of a change of ownership of the conditional merchandise as well as a change of residence or business seat.

    5. When conditional merchandise is seized, the customer shall point out combit’s ownership and notify combit immediately in writing.

    6. In case of a breach of contract on behalf of the customer, combit is entitled to withdraw from the contract and reclaim the conditional merchandise.

  7. Assignment of Risks and Dispatch

    1. If the customer is a contractor, the risk of accidental loss and accidental deterioration of the product passes onto the customer upon deliverance, in case of shipment purchases to the forwarding agent, the carrier or any other person or facility commissioned for dispatch to the customer upon deliverance.

    2. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the product first passes onto the customer upon deliverance. This also applies to shipment purchases.

    3. It is equal to deliverance when the customer defaults the acceptance of the goods.

    4. As long as the customer did not specify any particular way of shipment (express delivery, express package, etc.), combit will ship the goods by means of the most inexpensive delivery method.

  8. Software Licenses

    1. Software licenses are additionally governed by combit's current Software License Agreement.

  9. Training

    1. Services for standard training sessions: combit offers seminars for its software products that contain the following services: Provision of the necessary hardware, software and rooms, qualified trainers, training contents according to the training agenda and the level of experience of the participants, beverages during breaks, personal participation certificate.

    2. Services for individual training sessions: services according to training contents. The number of training days and participants as well as the location needs to be agreed on beforehand.

    3. Remote distribution contract with withdrawal clause: The consumer has the right to recall his declaration of intent for the conclusion of training contract within two weeks after the conclusion occurred. This recall does not have to state a reason. It is to be submitted to combit in writing. In this case, the date the document is posted, is relevant. At this point, the consumer is prompted again to print out (or store electronically) the General Terms and Conditions in which the right to withdraw is contained.

    4. Customer withdrawal for standard or individual training sessions: The customer may withdraw his registration up to two weeks prior to the training date. This requires that combit punctually receives the written withdrawal declaration. In these cases, combit shall receive a processing fee of 40% of the seminar fees as redemption for the premature end of the contract. If the customer withdraws within the two weeks prior to the start of the training session, he has to pay the complete amount to combit. The customer may name replacements at any time for participants who are not able to participate and communicate this to combit.

    5. Withdrawal on behalf of combit: combit may withdraw from the contract if not enough participants have registered up to one week prior to the training session and the economic implementation of the training session is thus not given.

    6. Liability: combit will do everything in its power in order to adhere to the scheduled dates and provide a replacement trainer in case the original trainer becomes ill. However, if events occur due to higher power that would make it substantially difficult to perform the service, which also includes an illness of the trainer, combit is entitled to postpone the training session for the duration of the illness and an appropriate period afterwards. In this case, combit will not assume any liability.

    7. Changes to the training session: combit retains the right to slightly modify the training contents as well as reschedule the date and place of training with an appropriate advance notice. If a customer cannot attend the standard training due to the postponement of the date or the change of location, the customer is entitled to switch his session to a new date in which the same training session takes place.

    8. Copyrights: The training documents as well as the provided software may not be copied.

    9. Customer’s participation: The customer is obligated to immediately communicate any details to combit that combit requires in order to fulfill its contractual obligations. Upon request, the customer shall provide a sufficient quantity of test data.

    10. Others:

      1. The training contents communicated during training sessions do not constitute guarantees regarding the condition of the products.

      2. combit is entitled to engage sub-contractors in order to fulfill the contractual obligations.

  10. Warranty

    1. combit makes every effort through the implementation of quality assurance measures to keep software free of defects, but points out that with current technology it is not possible to guarantee that software is completely free of defects.

    2. The customer initially has the choice between having combit remedy the defect and making a replacement delivery. However, combit is entitled to refuse the selected option if this would only be possible at inappropriate costs or if a follow-up product is available that no longer has this defect and if this type of retrospective fulfillment is not connected with any substantial disadvantages for the customer.

    3. If attempts to eliminate the defect – which combit may attempt twice – fail or if combit does not offer a program version free of defects, the customer has the right to withdraw from the contract or reduce the purchase price to an appropriate extent (abatement of purchase price).

    4. However, in case of a minor breach of contract – especially in case of slight defects – the customer is not entitled to withdraw from the contract and to claim for compensation instead of damaged goods or instead of the provision of service.

    5. The customer does not receive any guarantees from combit in a legal sense unless this was agreed upon in writing.

    6. The warranty is void for any programs or parts of programs that were modified or extended by the customer, unless the customer can furnish proof to combit that such modifications or extensions are not the cause of the defect. The warranty claim is also void in case of defects, suspensions, interruptions and damages that are a consequence of incorrect operation, hardware and operating system failures, non-compliance with data security regulations or other processes outside of combit’s responsibility, or if the customer denies combit the opportunity to investigate the cause of the defect.

    7. The period of limitation for contractors is one year as of the receipt of the goods. For consumers, this period is two years as of the receipt of the goods.

  11. Notice of Defects

    1. If the customer is a contractor, he shall immediately check the product for completeness and quality upon receipt. Evident defects must be communicated in writing to combit within 14 days as of the receipt of product; otherwise, the assertion of the warranty claim and the liability for defects are excluded. The dispatch of the notice in due time is sufficient to adhere to the limitation period.

  12. Liability for Defects

    1. If the customer is a contractor, claims for damage due to defects of the goods require that the customer has followed the examination and notice of defects procedure as stated in 11.

    2. combit's liability is regulated by law in case the customer claims damages which are due to an intentional or gross negligent breach of contract or in case of a slightly negligent breach of significant contractual obligations. This also applies to the breaches of obligations by combit's legal representatives or vicarious agents. Unless combit is not accused of intentional breach of contract, combit's liability is limited to the typical, foreseeable, and direct average damage. This applies also to damage liability caused by delay.

    3. combit's liability – unless combit is not accused of intentional breach of contract – is also limited to the foreseeable, typically occurring damage if the customer exercises his/her right of withdrawal or reduction of purchase price.

    4. Liability due to wrongful personal injury to life, body or health as well as liability according to the product liability law and a legal product liability remain unaffected.

    5. The statute of limitation for claims due to defects is one year after the receipt of the goods for contractors and two years after the receipt of the goods for consumers, calculated from the transfer of risk. This does not apply in case of fraud and in case, combit should give a warranty.

  13. Aggregate Liability

    1. Beyond 12. any further liability concerning contractors is excluded, irrespective of the legal reason. This applies particularly for damage claims resulting from precontractual liability, for other breaches of duty or for torturous liability or concerning damage to property according to § 823 BGB.

    2. As far as liability for compensation towards combit is excluded or limited this applies also to the personal liability claims for damages against combit's employees, legal representatives or vicarious agents.

    3. An exclusion period of 18 months applies to the limitation for all claims of contractors that are not subject to limitation due to a defect of product.

  14. Product Modifications

    1. combit reserves the right to modify the product as long as the general functionality is not impaired.

  15. Final Clauses

    1. The law of the Federal Republic of Germany applies to this agreement. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

    2. Jurisdiction for all disputes arising out of or in connection with the contract is the domicile of combit for all merchants, corporate bodies under public law or public fund assets within the meaning of the Commercial Code (HGB). Place of performance for delivery and payment is the registered office of combit. combit may file a suit against merchants at the customer’s place of jurisdiction or any other legal jurisdiction. As for the rest, the legal requirements shall apply.

    3. The parties did not agree on any subsidiary arrangements. Any amendments to these General Terms and Conditions must be made in writing. The same applies to the removal of the written form clause.

Rules for Participating in combit Forums

Participation in our Forums via own posts is based upon certain rules. When posting via this web medium or a news reader, you confirm that you're in agreement with these rules. Going against these rules can cause you to be barred from our Forums. Please read the following rules carefully, before making your first post.

Content of the Forums

The purpose of the Forums is first of all for the users of our products to be able to share information and knowledge in regards to our products. Users have the ability to ask questions which other users can answer.

We're currently testing an active participation of our Support Team staff members. Please note that no response times are guaranteed – if you urgently require a response, the Support team is at your direct disposal anytime. We would ask you to direct your severe problems, general wishes, suggestions, critique or even complaints to the respective departments within our enterprise. We can then guarantee that you will be assisted quickly by the correct "source" and we'll have the opportunity to get to the source of the problem or critique.

Moderation

All public Forums are moderated. New posts only appear after having been cleared by the moderator. This can lead to the delay of posts during main office hours, as well as outside combit's office hours. The moderator simply makes sure that the rules are followed, but does not answer the questions. Posts on inappropriate topics are not accepted. If a post is rejected by the moderator, an attempt will be made to inform the author via e-mail.

Formatting and Content of Posts

Each post must

  • contain the author's true, real name. Pseudonyms, aliases, etc. are not allowed.
  • contain the author's true email address. The address at which the author can be reached if questions occur.
  • be posted in plain text, html posts are not accepted.

Not acceptable are

  • file attachments.
  • questions in regards to internal license protection and/or copyrights.
  • links to external non-combit websites.

Advertisements, Spam, Insults, etc.

Posting advertisements/spam is not permitted in our Forums. Insults to other users, companies and/or combit are not accepted.

Legal Notes

Please be aware that the posts do not originate from combit. We simply offer the technical medium for user communication purposes. combit does not accept any responsibility for cleared posts. combit cannot guarantee that the posts contain correct or optimum solutions to problems/questions. When making changes, we generally suggest that you completely back up your data in order to prevent data loss.

  • Please also be aware of the combit Software License Agreement and the stipulations therein.
  • Modifications to the Forums are subject to change without notice.
  • The availability of the Forums is not guaranteed.
  • There is no right of publication of a posting.
  • Forums can, if deemed necessary, be closed or discontinued.

Please also take notice of the following hints that refer to answers from our Support Team:

  • The information given by combit or the Support Team is for purely informative purposes and does not stand under guarantee.
  • Although our goal is to give you the best information we can, errors and mistakes may occur.
  • In some cases the information has been given in order to help you with a special task, even though the product wasn't necessarily meant for that specific purpose.
  • This information does not have an effect on your product guarantee.