General Terms and Conditions of Business (GTB) for Non-Customers
Section 1 Scope of Application of the GTB
The General Terms and Conditions of Business below apply solely to win.rar GmbH Customers who are not Consumers. A Consumer is any natural person who wants to enter into a contract for purposes that predominantly are outside his trade, business or profession. Objection is hereby raised to application of the Customer's general terms and conditions of business. These GTB apply to purchase contracts and maintenance contracts in regard to the computer program WinRAR (RAR for MS Windows) or RAR (hereinafter known as RAR Software).
Section 2 Subject of the Purchase Contract
The subject of this contract between the Customer and win.rar GmbH is the purchase of one or more simple rights to use the RAR Software, hereinafter known as the License. Said License permits the purchaser to use one copy of the RAR Software within the scope of the Enduser License Agreement.
In addition to the License, the Customer may purchase a CD containing the current version of the RAR Software (hereinafter known as the Additional CD).
Section 3 Subject of the Maintenance Contract
If the Parties have agreed on additional maintenance service win.rar GmbH will provide
- If the Parties have agreed on additional maintenance service win.rar GmbH will provide
- lost key service
The Customer is obligated to pay the contractual maintenance fee during the term of the maintenance contract.
Section 4 Maintenance - Conditions and Scope of Support
The Customer of the maintenance contract may submit his support questions to goldsupport(at)win-rar.com. The support is provided in German and English language only. Win.rar GmbH will reply to Customer within 48 hours, unless the support request is submitted on Sundays or an official German holiday. In this case the 48 hours will begin with 08:00 AM o’clock on the next working day. Win.rar GmbH will answer the questions of the Customer on the basis of its long-time experience with the RAR-Software.Win.rar GmbH is not obligated to provide specific results in regard to the questions of the Customer.
Section 5 Maintenance - Lost Key Service
In case a Customer of the maintenance contract has lost his License key file he can submit his support questions to goldsupport(at)win-rar.com. Win.rar GmbH will submit a new License key file to Customer within 48 hours, unless the support request is submitted on Sundays or an official German holiday. In this case the 48 hours will begin with 08:00 AM o’clock on the next working day.
Section 5 Maintenance – Term of the Contract
The maintenance contract is concluded for a fixed contract period of at least one year, beginning with the day of entering into the contract.
The maintenance contract can also be concluded as subscription contract. In this case the maintenance contract is concluded for a period of one year, beginning with the day of entering into the contract. The contract period will be extended automatically for a further year if the maintenance contract is not terminated by either party by email before the contract year has ended.
Section 6 Maintenance – Fee
The Customer must pay the maintenance fee within 14 days after the beginning of each contractual year.
Section 7 Characteristics of the RAR Software
The Customer may learn about the scope of the features of the RAR Software as part of the "Try Before You Buy" model (see Section 8). The characteristics of the RAR Software as warranted by the contract do not exceed the scope of the functions provided and available for use during the test phase. The above provision does not apply to functions which were not available during the test phase for technical reasons (see Section 8).
Section 8 The "Try Before You Buy" Model
The Customer may download the RAR Software from the Web sites www.win-rar.com and www.rarlab.com and use the software at no charge for 40 days. During this period, all of the functions of the RAR Software are available to the user with the exception of the functions: "Add authenticity information", "Show protocol file" and "Delete protocol file". The purchaser should test the RAR Software during this test phase to determine if it meets his requirements and needs. In particular, the Customer must determine if the RAR Software runs under his operating system and in his desired hardware and software environment. He promises to acquire a License for the RAR Software only if and when he has assured himself that he can answer the above-mentioned questions with "yes".
Section 9 Grant of the License to the Customer – Retention of Title
Win.rar GmbH will grant the License to the Customer by providing a License key file via email. The grant of the License is subject to the condition precedent that the purchase price and any taxes connected with the grant of the License (such as value added tax or withholding taxes) are fully paid by the Customer. In case of an applicable withholding tax the Customer must provide to win.rar GmbH a proof of payment.
Section 10 Data Backup
Win.rar GmbH hereby calls the Customer's attention to the necessity of making data backups regularly.
Section 11 Third Party Libraries
WinRAR is using
- 7zxa.dll library copyrighted by Igor Pavlov, developer of 7-Zip archiver to decompress 7z archives.
If there is any defect in regard to the aforementioned third party libraries win.rar GmbH is not obligated to provide subsequent performance. Notwithstanding win.rar GmbH may provide subsequent performance at its own discretion. All other warranty rights of the Customer remain unaffected. In particular the Customer may claim damage compensation, reduce the purchase price or declare his withdrawal from the purchase contract if win.rar GmbH will not provide subsequent performance within a reasonable period set by the Customer.
Section 12 Limitation of Liability
Regardless of their legal nature, the following provisions shall apply to the claims of the Customer against win.rar GmbH for compensation for damages or compensation for futile expenditures. The liability in accordance with the German Product Liability Act or other implementations of Council Directive 85/374/EEC is not affected.
Win.rar GmbH shall be liable only for intent and gross negligence unless the damage or the futile expenditure relate to injury to life, body or health or is caused by a culpable breach of a major contractual obligation.
Where the damage or the futile expenditure does not relate to injury to life, body or health and is due to a slight negligent breach of a major contractual duty, the liability shall be limited to the damage typical for the contract and foreseeable at the time of entering into the purchase contract.
The limitations of liability of Section 12 are also applicable in regard to employees, associated workers, representatives and vicarious agents of win.rar GmbH.
Section 13 Partial Invalidity
If one or more provisions of this GTB shall be or become void, the remaining provisions shall remain in effect.
Section 14 Choice of Law and Jurisdiction
Governing law of the purchase and the maintenance contract is solely and exclusively German law.
Section 15 Venue and Arbitration
If Customer is a merchant, public-law legal entity or a public-law special asset and has his legal domicile or residence in Germany, the courts at Berlin/Germany are exclusively competent for all legal disputes arising in regard to the purchase contract, the maintenance contract or the validity of the aforementioned agreements. The same applies if Customer is an entrepreneur residing in the European Union (except Germany), Island, Norway, Lichtenstein or Swiss.
If Customer is an entrepreneur residing outside the European Economic Area and Swiss, all disputes arising in connection with this contract or its validity shall be finally settled in accordance with the Arbitration Rules of the German Institution of Arbitration (DIS) without recourse to the ordinary courts of law. The place of arbitration is Berlin/Germany. The number of arbitrators is three. The language of the arbitral proceedings is English.