Ocean Maps GmbH, in the following referred to as Ocean Maps, shall provide its services on the following terms which users shall accept upon downloading and, subsequently, while using the software and Apps of Ocean Maps. The General Terms and Conditions of Ocean Maps shall apply. Any opposing provisions by the user shall only apply if Ocean Maps expressly agrees in writing to the validity of such conditions.
Ocean Maps GmbH is an IT company that, among other things, has developed a software program for interactive underwater maps. The basic function of this software, in the following referred to as basic software, is offered free of charge for mobile devices. The software in its extended version is offered via marketing channels in the form of 'apps' in return for payment and is provided through downloads.
Users agree to use the basic software as well as the extended software exclusively for private purposes. Users are prohibited from integrating the services of Ocean Maps, neither in full nor in part, into other services, or to commercially use the basic andor extended software for personal purposes or the purposes of third parties without prior written consent by Ocean Maps. Users agree to refrain from any kind of misuse of the basic andor extended software.
4.1 The user acquires the right (in the case of extended software after having paid the applicable fee) to use the software within the scope of this contract's purpose and in an unlimited, non-transferable, and non-exclusive way. All other rights to services are reserved to Ocean Maps and its licensors, so that users, without having obtained previous written consent by Ocean Maps and notwithstanding the provisions of Section 40d of the Austrian Copyright Act ('Urhebergesetz') as amended, may not copy, modify, reverse engineer, retranslate, disassemble, make available to third parties, use for unsuitable purposes, analyze, or extract parts of the software.
4.3 All other rights are reserved by Ocean Maps. Unless otherwise agreed and, as it evidently arises out of the nature of this contract, users shall not use the software, its databases, graphics, or other items subject to the rights of Ocean Maps or third parties, nor copy, modify, make available to third parties or use it for any purposes other than the subject of this contract without prior written consent by Ocean Maps.
4.4 All rights to agreed services derived from patent law, trademark law, design law, semiconductor property law, andor copyright law, or the provision of services rendered to the user shall remain with Ocean Maps andor its licensors, unless otherwise agreed in this contract.
4.5 Transferring the source code for the software to the user is not due, neither for the software covered by this contract, or for any other services.
4.6 Users shall be under obligation to take suitable measures in order to prevent unauthorized access by third parties to the software.For this purpose, users shall notify their employees, if necessary, of the need to comply with this agreement and will particularly request that employees not manufacture any unauthorized copies of the software.
Any infringement of these Ocean Maps rights will result in claims of damages or forbearance. In each individual case of violation, full compensation shall have to be paid.
6.1 Unless otherwise agreed, payment is due when the software is downloaded. All payments shall be made free of charge to Ocean Maps and without any deductions. Payments shall be made at the user's own risk. Collection and discounting charges shall be borne by the user(s).
6.2 If payment is delayed, Ocean Maps shall be released from the fulfillment of its contractual obligations until such time as the user's obligations for payment have been met. Ocean Maps shall have the right to withdraw from the contract, if, in spite of setting an appropriate period of delay of at least 2 weeks, the user has not made a payment. In this case, the user shall reimburse Ocean Maps for the costs of services already provided as well as for all costs arising from the reversal of services in consequence of Ocean Maps's withdrawal from the contract. In case such a reversal of services provided by Ocean Maps is not possible or unfeasible, the user(s) shall reimburse Ocean Maps for the market value of these services. Has a service already been provided and Ocean Maps should withdraw from the contract due to delay in payment after having granted an appropriate period of delay, in addition to the costs incurred by Ocean Maps as mentioned above, a penalty of at least 15% of the purchase price is due. In addition, Ocean Maps shall be entitled to further compensation claims.
6.3 The merchandise and services rendered shall remain the property of Ocean Maps until the purchase price plus all incidental costs have been paid in full.
The software is offered as an app for downloading. By clicking on the BUY DOWNLOAD BUY NOW buttons the user agrees to the immediate downloading of the additional software. As soon as the download has started, the user can no longer withdraw from the contract.
8.1 Unless otherwise provided by law, Ocean Maps shall only be liable for any resulting damages in case of grossly or intentionally negligent behavior, with the exception of personal injury caused by Ocean Maps.
8.2 Claims under product liability law are excluded, insofar as this is permissible by law.
8.3 The virtual underwater maps provided as part of the agreed scope of software delivery are developed by means of state-of-the-art underwater mapping processes. Due to a number of different factors, underwater regions are constantly changing. Ocean Maps assumes no responsibility in case underwater regions and maps as represented by the software should not correspond to actual local conditions. Using the software neither adequately replaces diver training nor the need to assess the actual local diving conditions and risks of the respective local diving regions.
9.1 Warranty claims are valid only as pertaining to additional for-pay software within the scope of this contract. Ocean Maps shall provide the services due under this contract. Ocean Maps warrants that those functions and performance characteristics will be met as contained in the product description at the time of contract conclusion. Without express written agreement by Ocean Maps no warranty shall be issued that the goods or services provided are technically or economically useful for the purposes of the user(s).
9.2 In the case of faults or malfunctions, the user shall provide Ocean Maps with all necessary information as requested by Ocean Maps for the purpose of taking improvement measures.
9.3 In the event that the user is not a consumer as defined within the meaning of the Austrian Consumer Protection Act ('Konsumentenschutzgesetz'), the following shall apply A warranty period for software products of 6 months is granted from delivery date of the software. The warranty period shall commence on the date of delivery of the contractual services. Any claim for damages shall become statute-barred unless asserted within this time period. Additionally, Section 924 of the General Civil Code ('ABGB') is excluded by consensual agreement. The user shall, accordingly, provide evidence that the goods or services provided were already defective at the time of delivery. Furthermore, the provisions of Section 933b of the General Civil Code ('ABGB') concerning special rights of recourse shall not apply.
9.4 Ocean Maps assumes no warranty for free basic software.
Modifications and amendments to this contract always require written form. This also applies to an amendment of this 'written form requirement'. Should individual terms of this contract be or become invalid, this will not affect the remaining terms of this contract. Ocean Maps and its user(s) shall cooperate as partners in order to find a provision which comes as close as possible to the ineffective provisions.
This contract shall be subject exclusively to Austrian law, excluding International Private Law and the UN Sale Convention.
The place of jurisdiction shall be the competent court at the company headquarters of Ocean Maps. This provision shall not affect jurisdiction over consumer contracts.