General Terms and Conditions

1 Right of use

1.1
Developer (Tierra Virtual- www.tierravirtual.com) hereby grants to Licensee a perpetual, non-exclusive, limited license to use the Software (WP-Newsletter a WordPress Plugin) as set forth in this Agreement, for a one time payment.

1.2
Licensee shall not modify, copy, duplicate, reproduce, license or sublicense the software, or Convey or transfer the software or any right in the software to anyone else without the prior written consent of Developer, provided that Licensee may make one copy of the Software for backup or archival purposes. With the software license model “Classic” allows only the usage of the software for a specific URL, which was specified at-order process.

1.3
The ownership of the software and manual stays with the Developer.

1.4
If the Licensee copies (except backup copy), duplicates, reproduces, modifies the Software, the Licensee has to pay a fee of EUR 5.000,- to the developer.

1.5
The Licensee cannot change any Copyrights, information about ownership of the Developer on Software or manual.

1.6
The Licensee has the right to download future updates for free. Updates will be released at irregular intervals.

2 Warranty

2.1
Developer warrants that the Software shall perform in all material respects according to the developer’s specifications concerning the software when used with the appropriate computer equipment. This warranty shall not apply to the software if modified by anyone or if used improperly or on an operating environment not approved by Licensor or the licensee did not install the newest program version.

2.2
The software made available by the provider was created to the best of the developer’s knowledge and belief, and with commercial and technical thoroughness implemented in the process . The Licensee has also been elucidated that the creation of an entirely error-free software under the present state of technology is not possible. With the current state of technology, a break- and error-free operation, or the complete elimination of any program error, cannot be ensured.

2.3
The manufacturer’s documented performance features and price overview presented on the website at the time of the Licensee’s purchase, will apply. Each licensee is able to install the software and try out all the features for free for 15 days prior to purchase.

2.4
In the event of any breach or Alleged breach of this warranty, Liscensee shall promptly notify Developer in written form. Liscensee’s sole remedy shall be that Developer shall correct the software so that it operates according to the warranty.

2.5
The demands initially to rework (repair) are limited. Should the provider not succeed within a period of eight weeks to fix or find an alternative solution to a problem, the licensee is entitled to a reduction in the utilization fee. If the provider fails to follow up all together, the licensee is entitled to withdraw from the contract.

2.6
The developer is not held responsible for dysfunctions caused by installing several other programs, such as hardware modules and memory modules, etc.

2.7
A further guarantee is excluded, in particular for the accuracy of the software.

3 Liability

3.1
The developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether the developer advised of the possibility of such losses in advance. In no event shall the developer’s liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee’s claim is based on contract, tort, strict liability, product liability or otherwise.

3.2
A liability of the supplier is limited to intent and grossly negligent behavior. A liability for lost profits and / or other consequential damages is excluded.

3.3
The licensee exempts the provider from all third party claims, which occurred while using the plugin

4 License Payment

4.1
The Licensee have to pay a one-time license fee for the regular use of this plugin. If the licensee does not meet the payment obligations, the provider is authorized to prohibit the use of the software.

4.2
The developer is entitled to implement soft-or hardware protection mechanisms to safeguard their own rights. The developer is not obligated to teach the licensee about the modification, expansion or implementation of these protections.

4.3
The developer is not required to help a licensee with his/her payments.

4.4
The licensee is not entitled to any additional compensation from the developer. All liability and warranty claims are forfeited. The provider gives the licensee the possibility to export the data (settings of the software) or record (each record individually) in digital form (HTML format).

5 Delivery

5.1
The scope of supply consists of a server on the licensee executable script file and an online manual(.PDF). A commitment to supply a manual in printed form does not exist.

6 Final Agreement

6.1
This Agreement shall be construed and enforced in accordance with the laws of Spain.

6.2
If any term of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

6.3
Ancillary agreements must be in writing.