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valid from August 1st 2002
Gugler Reinhold
Muellerstrasse 30
A-6020 Innsbruck
Austria
To all offers, orders, deliveries and services of the seller the following general terms and conditions and, if applicable, the End-User License Agreements (EULA's) for the different software licenses at the bottom of this page apply exclusively. Differing agreements from these terms are valid only if they are written.
These general terms and conditions do not apply to offers, orders, deliveries and services from third-parties websites reachable through links on the seller's web (external websites). The third-parties terms and conditions will apply exclusively. The seller disclaims all warranties of any kind for external websites and has no influence on their contents. However, the seller is to endeavor to keep the quality of his websites, to check the links periodical and to remove doubtful and suspicious links immediately.
All offers are subject to change without notice. If not marked different the offers are valid until recalled.
3.1. Software-License
All software orders become legally binding by sending the installation data.
To the free downloadable freeware the respective license agreement will apply exclusively.
3.2. Analysis-Services
The buyer will receive an
order confirmation via email during the ordering process. If no email address
was presented the buyer will receive the order confirmation via regular mail.
This order confirmation includes all of the buyer's personal data given during
the ordering process. If any of this data is incorrect the buyer has to correct
it to ensure the proper and timely delivery of the ordered products.
All analysis-services orders become
legally binding by receiving this order confirmation.
The "1-Year-Service"-contract always runs from the day of receipt
of the order confirmation - this is in general the ordering day - to the end of
the calendar year.
The buyer has to pay the price for the category in accordance to his yearly
number of rounds (categories A to D).
The "1-Year-Service"-contract will be automatically prolonged for
another year if it is not cancelled by a written letter until November 30th of
the same year. The date of post stamp applies. For the prolonged contract the price
for category A will be charged.
The buyer has to care for the readability of the recorded and sent rounds.
The date of ordering is
decisive for price and contents of any offer.
If not stated different all prices are gross prices inclusive tax and inclusive
postage and shipment in Euro.
5.1. Software-License
The seller will send the installation data and access data for the download of the ordered software or the software itself immediate after receiving the order via email. However, technical sending problems are out of the buyer's competence and liability and can lead to delays.
On requested sending of the software via email the buyer has to care for the adequate mail space of his email account (minimum 5 MB) or it will fail.
5.2. Analysis-Services
Please be aware that the
delivery of the ordered analysis-services products only takes place after receiving the payments in one of the specified seller's accounts.
The seller is to endeavor to send the ordered products immediately. However, a
certain delivery date cannot be granted. Postage and shipment are included in
the price.
The seller will ship the products to the address provided by the buyer. Delays
in delivery and cost increases that result from incorrect, incomplete, or
subsequently changed data and information or documentation provided, are not the
responsibility of the seller and cannot result in the seller's being in fault
of delivery. Additional costs so arising are to be borne by the buyer.
The delivered products will be the seller's property until the completion of payment.
6.1. Software-License
The seller offers the
following, unique and flexible terms of payment for software licenses:
After receiving the software via email or download the buyer can install it, by
accepting the License Agreement, with the
provided installation data. These installation data are valid for 30 days
beginning from the day of sending. So the buyer has enough time to make the
payment for the software license. It's a matter of trust!
After receiving the payment in one of the specified seller's accounts the seller
will send the final, personalized license data as requested in the order. The
buyer is liable for the installation and license data. These data must remain
private and may not be passed on, except, and only as permitted in the License
Agreement.
Attention: after 30 days the software cannot be started without the license data!
6.2. Analysis-Services
The buyer will receive an
order confirmation including the total amount via email during the ordering
process or via regular mail. The buyer then can - even before receiving the
invoice, which will be sent to the provided address - make the full payment into
one of the specified seller's accounts.
However, the seller will not ship any ordered products before the payment is
completed.
As soon as the buyer reaches the next category (range of rounds), he will
receive an invoice for the amount difference of the two categories. The amount
of this invoice is payable within 14 days.
Also read about the types of payment in "How to pay ?"
The seller / licenser is entitled to all copyrights on all offered products, services and the contents of this website. Software products are protected by copyright laws and international copyright treaties and may only be used in accordance to the License Agreement provided at the end of these general terms and conditions.
For the right of
cancellation § 5 of the Austrian Consumer Protection Law will apply analogous:
the buyer has the right of cancellation of a contract for any sale through the
web within seven (7) working days (excluding Saturday). The date of
the post stamp applies.
In case of a cancellation within the above time limit the seller has to refund
all payments made. The buyer on the other hand is obliged to return delivered
products immediately at his own expenses.
8.1. Software-License
The right of cancellation
according to § 5f, item 4 of the Austrian Consumer Protection Law does not
apply to contracts about audio and video recordings or software if those are
unsealed.
Since the buyer receives the software via email or directly by downloading it,
it is considered as unsealed and the right of cancellation expires.
8.2. Analysis-Services
The time limit for the right of cancellation starts with the contract of agreement, that means, by receiving the order confirmation.
The seller / licenser is
not liable for the fitness of ordered products for a particular purpose of the
buyer.
At today's state of technology a total exclusion of errors in software is not
possible. Notices of defects or errors are valid only if they concern defects or
errors that are reproducible and if they are submitted within 4 weeks after
delivery and documented in writing or via bug-report email. If the notice of
defects or errors is justified, the defects or errors are to be remedied within
90 days and the buyer is to make available to the seller all measures required
by him to investigate the problem and remedy the defects or errors. In case the
problem cannot be fixed within this 90 days the seller will offer a
money-back-guarantee. All of this support for which the seller bears
responsibility is free of charge.
The costs for support provided for defects or errors that are the responsibility
of the buyer will be charged to the buyer.
For the software products the License Agreements
at the end of this general terms and conditions will apply.
The seller is not liable for protection or privacy of electronic mail or other
information transferred through the internet. In spite of all precautions a
virus attack cannot be excluded. The seller also disclaims all warranties for
damages resulting out of such an virus attack.
The seller is liable for damages insofar as intent or gross negligence can be
proven, within the framework of statutory regulations. Liability is excluded in
case of slight negligence. Within this meaning excluded is the liability for
consequential damages and other indirect damages including loss of anticipated
profit arising from any cause under or related to this general terms and
conditions.
The seller obligates himself and his employees to observe the provisions of §15 of the Data Privacy Law. Please read our Privacy Policy!
Should individual terms of
this contract be or become inoperative, this will not affect the remaining terms
of this contract.
All of these terms, conditions and restrictions are analogous subject - if
applicable - to the use of the website and its contents that fall into the
copyright of the licenser/seller.
Insofar as not otherwise agreed, the statutory regulations applicable to registered merchants are exclusively those in force under Austrian law. This is the case also when the order is carried out outside of Austria. In case of conflict, it is agreed that only the responsible local court in the seller's place of business has jurisdiction. For sales to consumers within the meaning of the consumer protection law, the above terms are valid only insofar as the consumer protection law does not insist on other conditions.
The license agreements listed below will be displayed in an extra window and can be printed out. Please read the EULA according to the ordered software license.
EULA - NoBogey-EASY
EULA - NoBogey-EASY (without Golfswing-Tool)
EULA - NoBogey-SWING
EULA - NoBogey-SINGLE
EULA - NoBogey-TEAM
EULA - NoBogey-Upgrade from SINGLE (EASY) to TEAM
EULA - NoBogey-Upgrade from EASY to SINGLE
Copyright © 2002-2010 Reinhold Gugler
All rights reserved.
Last updated : 07/27/10