§1 Scope

The following Order Terms apply for orders of “PanoMan”, a software product by bit-side GmbH (hereinafter referred to as bit-side). All agreements between bit-side and the Customer that deviate from these Order Terms must be in writing to be valid.

§2 Order Process

1. The order procedure includes a billing process provided by PayPal. By clicking the PayPal button „Buy Now” Customer submits a binding purchase order to bit-side for the software „PanoMan” (the “Software”). Prior to a purchase order, the Customer may look up, change or delete the details of his order. A binding order must include Customer’s acceptance of the Order Terms by clicking the button „Order Terms - Accepted“.
2. Due to a purchase order, bit-side accepts the order by sending to the Customer automatically a confirmation email of the order that may be printed out by the Customer.

§3 Prices, Software Download

1. All prices provided on bit-side’s website shall be including VAT (sales tax).
2. The purchase price is due for payment with the order. The delivery shall be made by download after bit-side has received purchase price by the Customer.
3. The order may be paid with PayPal via direct debit, credit card, giropay PayPal or from a PayPal account balance.

§4. Guarantee

It is considered to be known that with today‘s level of technology total absence of faults cannot be expected in software products and therefore cannot be generally guaranteed. The Software will be licensed „as they are“. Any descriptions of the product, in particular in the manual or other provided documentation, cannot be seen as warranted quality as defined in §§ 434 (1) 3, BGB (German Civil Code).

§5. Liability

1. bit-side shall be liable to the Customer, no matter for which legal reason, for the damage caused by us and/or by our staff-members or vicarious agents intentionally or by gross negligence. For an individual case of damage a liability for slight negligence shall be given only in the event of a violation of essential contractual obligations. It shall be limited to damage that is typical of the contract.The aforesaid limitation shall not apply to damages to life, to the body or to health caused by our fault nor to any cases where we have guaranteed certain feature of our goods. Further more the limitation of liability shall not apply to our liability according to the German Product Liability Act.
   Any further liability is excluded.

§6. Links to Third Party Websites

1. bit-side’s website www.panoman.net may contain links to other world wide web sites or resources operated by parties other than bit-side. Such links are provided for the convenience of the Customers only. Because bit-side has no control over such sites and resources, Customer acknowledges and agrees that bit-side is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
2. bit-side’s inclusion of links on www.panoman.net to such websites does not imply any endorsement of the material on such websites or any association with their operators. The Customer further acknowledges and agrees that bit-side shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

§7. Privacy

The Customer acknowledges that bit-side collects and processes personal direct information such as name, phone number, email address and mailing address, financial data (i.e. credit card numbers, bank account information) and as well as indirect information such as cookies, connection and system information. This data may pass on to affiliates or billing provider (such as PayPal) to secure collection of fees. Further details are provided in our privacy statement (Datenschutzerklärung) that may be printed out from our website.

§8. Licence for PanoMan

1. The Software is protected by copyright. Subject to these terms and the purchase price paid by the Customer, bit-side hereby grants to Customer a timely limited, personal, non-commercial, non-exclusive, non-sub-licensable license to download, install and use the Software on one cell phone. The Customer shall be entitled to copy the software within the scope of its contractual use as contemplated herein.
2. The Customer shall be entitled to make the number of backup copies necessary for reliable operation. Any other use of the Software, including, but not limited to, its compiling, editing, arranging, or modifying in any other manner whatsoever (other than decompiling pursuant to section 69e of the German Copyright Law [§ 69 UrhG]) or the (offline or online) dissemination of the Software in any other manner as well as the renting or lending out thereof shall be subject to the written consent of bit-side.
3. Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with the Software are owned by bit-side GmbH.

§9. Applicable law

1. German law applies to the exclusion of CISG (the United Nations Convention on the International Sale of Goods).
2. If any provision or portion thereof of the Order Terms is found to be void or unenforceable by the appropriate legal jurisdiction and authority, that provision shall be understood and enforced as close to its original meaning as possible, and the remainder of this Order Terms shall remain in full force and effect.