Ambiera e.U. / Nikolaus Gebhardt ("AMBIERA") is providing several services such as software development, software downloads, downloadable resources, API documentation, a website and a discussion forum. All mentioned services ("SERVICES") are subject to the following Terms and Conditions ("TERMS AND CONDITIONS"). By using one or several services including
By using any of the aforementioned services, you agree to the Terms and Conditions described herein. Ambiera reserves the right to update these Terms and Conditions without notice.
Any software or resource made available to download is the copyrighted work of Ambiera and/or its suppliers. The specific license of the particular software or resource applies if available. If not otherwise stated, the following disclaimer of warranty applies to all resources available on the website:
THE SOFTWARE AND RELATED RESOURCES ARE PROVIDED BY THE LICENSEE ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Copy, reproduction or distribution of the software, source, documentation and images to any other location is expressly prohibited.
Ambiera tries to provide a very open online discussion board ("FORUM"), but Ambiera reserves the right to modify or delete posts in the forum without notice, in cases of abuse, harassment, defamatory statements, violation of laws and legal rights, publishing of false or misleading information and similar.
a) The basis for creating custom-designed programs shall be the written performance specifications that are either provided by you or drawn up by Ambiera at your charge, on the basis of documentation and information provided by you. Inspection of the performance specifications for correctness and completeness is in your reach of responsibility and is to be initiated by you as a sign of your assent. Requests for modifications after mutual consent to a particular specification has been reached can result in separate deadline and price agreements.
b) For individually created software or program adaptations, your acceptance of each program is required four weeks after its delivery by Ambiera at the latest. You are to confirm your acceptance in a record of the transaction. Should four weeks pass without formal acceptance of the program, the delivered software will be considered as accepted as of the last day of the stated time period. Possible defects i.e. deviations from the written performance specifications are to be reported to you in writing and with sufficient supporting documentation. Ambiera shall make efforts to correct the defects as quickly as possible. If there are serious defects that have been reported correctly, a renewed acceptance of the work following the correction of the deficiency is required. You do not have the right to refuse software because of immaterial defects.
c) When library or standard programs have been ordered, you confirm by virtue of the order your knowledge of the scope of performance of the ordered program.
d) Should it prove in the course of the work to be impossible, actually or legally, to complete the order in line with the performance specifications, it is the responsibility of Ambiera to immediately inform you thereof. If you do not change the performance specifications accordingly or induce the changes required to make completion of the order possible, Ambiera can reject performance of the order. If the impossibility of the completion of the order is due to an omission on your part or to a later change by you in the performance specifications, Ambiera is entitled to withdraw from the contract. You are to reimburse Ambiera for costs and fees that fell due in association with the work as well as any dismantling costs.
e) The shipment of program carriers, documentation, and performance specifications is at your expense and risk. Should you wish further training and explications, they will be billed separately. Insurance will be taken out only in case you request for it specifically.
f) Ambiera is to attempt to stay as closely as possible to the agreed dates for completion of the order.
g) The targeted completion dates can only then be met if 1) you make available to Ambiera in full and on the dates established by Ambiera, all the necessary preliminary work and documents, especially the performance specifications and the latter are accepted by Ambiera in accordance with the listed terms herein, and if 2) you fulfil your obligation to cooperate to the extent required. Delays in delivery and cost increases that result from incorrect, incomplete, or subsequently changed data and information or supporting documentation provided to Ambiera, are not in the reach of responsibility of Ambiera and cannot result in Ambiera being in default of delivery. Additional costs so arising are to be borne by you.
h) In the case of orders that encompass a number of units or programs, Ambiera is entitled to make partial deliveries and to submit partial invoices.
i) Force majeure, work conflicts, natural catastrophes, and transportation stoppages, as well as other circumstances out of the scope of influence of Ambiera allow Ambiera to set a new delivery date or relieve it of the obligation to deliver.
j) Cancellation from your part is only possible with the written consent of Ambiera. If Ambiera agrees to the cancellation, it is entitled to charge the services rendered and accrued, as well as an additional cancellation fee of 30% of the value of the total order not yet settled your account.
k) Notices of defects are valid only if they concern defects that are reproducible and if they are submitted within 4 weeks after delivery of the agreed service or, in the case of custom-designed software, after acceptance of the program, and documented in writing. In fulfilment of the warranty, rectification of defects takes precedence over price reduction or rescission of the order. If the notice of defects is justified, the defects are to be remedied within an appropriate period of time. It is your responsibility to make available to Ambiera all measures required by the latter to investigate the problem and remedy the defects. The presumption of defectiveness is ruled out.
l) Support provided, diagnosis of errors, remedy of defects and failures that are not within the reach of responsibility of Ambiera, including subsequently ordered corrections, revisions and additions are to be carried out by Ambiera at your charge. These terms also apply to the remedy of errors when program revisions, additions or other interventions have been previously carried out by you or by a third party.
m) Furthermore, Ambiera assumes no warranty for defects, failures or damages that are due to improper use, altered components in the operating system, interfaces and parameters, the use of inappropriate organizational resources and data, program carriers when stipulated, unusual operating conditions (particularly deviations from the installation and storage provisions) or damage during shipment.
n) Any warranty of Ambiera for programs expires with any alternations to the program undertaken by you or third parties.
m) Ambiera or its licensors retain all copyrights on the agreed services (programs, documentation, etc.). Copyrights on services of Ambiera obtained through a license agreement with Ambiera only become valid after payment of the agreed remuneration in full and are strictly limited to the use by the licensor, exclusively in conjunction with the hardware specified in the contract. Simultaneous use of any products or services of Ambiera at different workplaces must be in accordance with the number of licenses acquired. Copyrights on services of Ambiera obtained through a license agreement with Ambiera are limited to the use the software. Further distribution of the product is not permitted. Products and services of Ambiera are also protected by copyright law. Participation in the production of the software is not associated with any rights to the software or any other services of Ambiera beyond their use as set forth in this contract. Any infringement of the copyrights of Ambiera will result in the right to claim damages. In this case, Ambiera is entited and to full satisfaction.
a) All prices are in Euro and do not include sales tax or VAT if the latter are applicable. Prices are valid only for the present order in question. The quoted prices are ex business domicile or branch office of Ambiera. The costs of program carriers (e.g., CDs, DVD etc) as well as any contract fees shall be billed separately.
b) For library or standard programs, the valid prices are the list prices in effect on the day of delivery. All other services (organizational consultancy, programming, training, support during changeover, telephone advisory services) will be charged at the rates in effect on the day the services are performed. The same conditions apply to deviations of actual work time from the stipulated amount of time for the work (which serves as the basis for the price calculation).
c) The costs for travel, per diem, and overnight accommodation costs shall be invoiced separately to you according to the valid respective rates. Transit time is to be considered as work time.
a) The invoices submitted by Ambiera, including of sales tax or VAT if applicable, are payable at the latest 14 days from receipt of the invoice without any deductions and free of charges. The same conditions apply to partial invoices. In case of partial invoicing, the terms of payment for the entire order are composed of the terms for each of the partial invoices.
b) Where orders encompass a number of units (e.g., computer programs and/or training sessions, completion in stages), Ambiera is entitled to submit an invoice after delivery of each unit or service.
c) Payment on the agreed-upon dates is an essential condition for delivery and for fulfilment of any contract by Ambiera. Failure on your part to comply with the agreed payment schedule entitles Ambiera to discontinue any previous work and to withdraw from the contract. All costs connected therewith as well as loss of profit fall to your account. In case of delayed payment, interest on payment in arrears will be charged at customary bank rates. In case two consecutive instalments are not paid on time, Ambiera has the right to enforce non-compliance and to call accepted drafts.
d) Incomplete total delivery in case of completion in stages, guarantee or warranty claims, or other complaints do not constitute a right to withhold payment for services of Ambiera.
To the maximum extent permitted by applicable law, in no event shall Ambiera or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use its services, even if Ambiera has been advised of the possibility of such damages. In any case, Ambiera’s entire liability under any provision of these Terms and Conditions shall be limited to € 5.00.
Insofar as not otherwise agreed, this Agreement shall be governed exclusively by Austrian law. Austrian law shall also be applied in case of you reside outside of Austria. You expressly agree that exclusive jurisdiction for any claim or dispute with Ambiera linked in any way to your use of its services resides in the competent court in the town of Vienna, Austria.
Purchasing any software from this websites gives Ambiera (the Licensor) the option to link the purchaser's company (the Licensee) from a sub page of the ambiera website (i.e. 'Products using the Software'). The Licensor is allowed to indicate the existence of the business relationship with the Licensee on all advertising media including his website(s) using the Licensee's name and logo, subject to optional withdrawal in written form by the Licensee.
Should individual terms of these terms and conditions be or become inoperative, this will not affect the remaining terms of this agreement. Ambiera and you will work in a spirit of partnership to find an arrangement that approximates the inoperative terms as closely as possible.