Yagendoo Media distributes software under a commercial license compatible with Joomla. The software may contain open source features that are freely accessible under a non-commercial license. However, this does not imply that the licensing conditions of the non-commercial software also apply to the licensing conditions of our software. Consequently, only the following provisions and restrictions apply to software supplied by Yagendoo Media.
§ 2.1 Yagendoo entitles the buyer to a simple usage right for the respective software not restricted in time for usage under a single domain per license purchased.
§ 2.2 The buyer may use the software only for one single top level domain per license purchased. If the buyer wishes to use the product under more than one top level domain, he must purchase the necessary number of licenses.
§ 2.3 Within the scope of use, the purchaser must not:
§ 3.1 The buyer has informed himself about the material functional features of the software and accepts the risk for its suitability for his desires and requirements. If in any doubt, the buyer shall seek the advice of the sellers' associates or competent third parties.
§ 3.2 The installation of a fully functional hardware and software environment (that is also sufficiently equipped when taking into account the additional load due to the objects of the agreement) shall be the exclusive responsibility of the buyer.
§ 3.3 The buyer shall thoroughly test whether the software is free of errors and usable under the existing hardware and software configuration before its implementation by installing it on a test page and checking it there. This shall also apply to software supplied in the scope of the warranty and support.
§ 3.4 The buyer shall observe the instructions for the installation and implementation of the software supplied by the seller.
§ 3.5 The buyer shall take the necessary precautions for the case of the software not working properly, partially or in whole (e.g. by daily data backups, error diagnosis, routinely checking the results from data processing).
§ 3.6 If the buyer is a businessman in the terms of the German Commercial Code (HGB, Handelsgesetzbuch), he shall accept the obligation to inspect and notify of defects pursuant to § 377 German commercial code (HGB) in regard of all deliveries and other services rendered by the seller in the execution of this contract.
§ 3.7 The buyer shall accept any prejudice and additional costs arising from any breach of this duties.
§ 4.1 For all cases of contractual or extra-contractual liability, Yagendoo Media shall only pay compensation for damages within the following limits:
§ 4.2 Yagendoo Media shall have the right to contest the charge of contributory negligence.
§ 5.1 Yagendoo Media does not generally guarantee for the compatibility of the software with the buyer's system. In addition, no guarantee is given as to the compatibility of the products with products of any third party suppliers. In this context, it is the buyer's duty to regard the system requirements in the product description before buying the product and to have a look at the product on the demo page.
§ 5.2 If the buyer imports the software into his live system without a prior test (see issue 3.3), Yagendoo shall not accept any responsibility for arising damages.
§ 5.3 Yagendoo Media does not warrant the full functionality of the software in combination with all previous and future Joomla versions. The product description states which versions of Joomla the respective software is compatible with.
Yagendoo Media always strives to ensure compatibility with all future Joomla versions. However, the buyer does not have any entitlement to this.
§ 6.1 Yagendoo Media provides a free-of charge technical support for purchased software by the use of a ticketing system on a voluntary basis. However, in case of doubt, the purchaser is not entitled to voluntary support. His legal warrant rights remain untouched by this.
§ 6.2 For the installation of the software, Yagendoo Media asks buyers to refer to the installation instructions given in the software documentation. In particular, refer to the hardware and software environment that is required at the buyer's end.
§ 6.3 In the case of software defects that do not result from any fault of the buyer's and which have not been reasonably apparent during checking of the system requirements and testing before the purchase even under compliance with the required diligence, support will be free of charge.
§ 6.4 The purchase of the license vests the buyer with a free-of-charge access to all updates of the purchased software for a 6 month period. After the period expires, the buyer shall have to buy a new license to access updates.
The unlimited right of use shall not be affected by this.
§ 7.1 To the extent that the buyer is not a consumer, the exclusive place of jurisdiction for all issues arising from and in the context of this contract shall be Cologne. If the seller acts as the claimant, he shall also be entitled to choose the place of jurisdiction at the buyer's registered office or place of residence.
§ 7.2 German law shall apply exclusively under exclusion of the UN Sales Convention (CISG).
§ 7.3 The conclusion of the contract as well as any subsequent changes and amendments to the contract shall require written form. This shall also apply to any changes to this clause. No oral side agreements have been made.
§ 7.4 Where any provision of this contract is or becomes invalid or contains any inadmissible deadline or a legal loophole, the legal validity of the other provisions shall not be affected. Where invalidity is not a result of a breach against §§ 305 ff. of the German Civil Code, section Scope of General Terms of Business (BGB, Bürgerliches Gesetzbuch, Geltung Allgemeiner Geschäftsbedingungen), the invalid provision shall be deemed replaced by such valid provision that comes as close to the economic purpose intended by the parties as possible. The same shall apply in the case of a loophole. In the case of any inadmissible deadline, the statutory provisions shall apply.