Terms & Conditions
The set of data you provided to buy and download AUTOVIEW will be stored savely and used exclusively by CAR to give you a good service. We shall not share this information with third parties.
C.A.R. CRASH ANALYSE RATSCHBACHER GmbH, FN 188964p, Lederergasse 29, 4210 Gallneukirchen (“CAR”)
1. Subject matter of the contract
The subject matter of the contract at hand is the “AUTOVIEW 2017 database for vehicle drawings”, a collection of copyright protected images (referred to in brief as “database”), which is being purchased by the Customer for permanent use in consideration of payment of a one-off fee and which is being delivered on a DVD as a data carrier or which will be downloaded by the Customer at www.autoview.at The database only consists of drawings and in order to be able to use the views, the Customer requires one of the application programs listed in Enclosure 1. The purchase and delivery/installation of the respective application program is not included in this contract. CAR is the owner of the rights of use.
2. Scope of use, granting of rights
2.1. The Customer shall acquire the non-exclusive right, which shall not be limited in terms of time, to use the database for the purposes of accident reconstruction, construction planning/architecture and creation of graphics at one location of company in the European Economic Area (EEA) on a maximum of 5 workspaces (workstation, notebook, tablet etc). If the database is installed in a local network (LAN), access of up to 5 users is covered by this agreement. The installation at different locations of the Customers company, installation on more than 5 workspaces, access of more than 5 users or in an Intranet afford additional licences. Ask for a special agreement. The Customer shall be entitled to duplicate the database in order to install, load and use it on the stated number of workspaces. Duplication of the database for other purposes is not permitted.
2.2. The Customer shall not be permitted to pass on or otherwise make the database available. The Customer shall also not be allowed to forward the database to third parties.
2.3. The Customer shall not be permitted to independently alter and/or process the data inventory or data format or implementation of the drawings in a software without written consent of CAR.
2.4. Should the Customer have suspended the use of the database, he shall irrevocably destroy the copies of the database in its possession (including backup copies) and shall fully and irrevocably delete the database. This shall also apply should the Customer have exchanged the hardware; the database shall be fully and irrevocably removed from the exchanged devices.
2.5. The Customer shall be obliged not to remove or manipulate copyright notices and control characters of CAR on copies of the database under any circumstances.
2.6. The Customer shall acquire the non-exclusive right, which shall not be limited in terms of time and space, to duplicate and process the individual images for the purposes of accident reconstruction, construction planning and architecture and creation of graphics and to distribute processed versions of the individual images in physical form or to make these available to the public. The Customer shall not be permitted to issue sub-licenses.
3. Duration of use
3.1. The entitlement of the Customer to use the database and the individual images in accordance with the provisions of this contract shall exist indefinitely and shall be granted irrevocably following payment of the remuneration in accordance with Point 4.
The purchase price of the drawings and the granting of the licence amounts to
€ 600 for a full version of AUTOVIEW-database
€ 460 for an update2017 to a full version AUTOVIEW2015 or earlier
€ 230 for an update2017 to a full version AUTOVIEW2016
€ 8 for a single drawing (single view, single format)
plus the statutory value added tax. The total purchase price (including value added tax) shall be due at the time of the full download of the database from the www.autoview.at website and shall be remitted via electronic payment.
5. Set off
The right of set off shall be excluded.
6. Warranty and liability
6.1. The Customer shall be obliged to check the database for functionality immediately following delivery/download within 5 working days. Should the Customer become aware of defects within the framework of this check, it shall be obliged to immediately forward on to CAR a written defect complaint precisely stating the defect that has been found. Otherwise, warranty claims, damages claim due to the defect itself and due to an error concerning the freedom of defects of the object shall be forfeited.
6.2. The warranty period shall run until the expiry of 12 months following the day of delivery/download, regardless of the inspection obligation.
6.3. Should the Customer unilaterally alter the data inventory and/or the data format, it shall forfeit all warranty claims.
6.4. CAR hereby provides a guarantee that the database and the original drawings are free from third party property rights that would restrict or exclude use in accordance with the contract. The Parties shall, however, immediately inform each other should claims be asserted against them due to a breach of property rights.
6.5. CAR shall only incur liability within the framework provided by law, namely for intent and gross negligence. The liability shall be limited to the amount of the concrete contractual fee.
7. Order and representation
It is hereby stated that the law firm Prof. Hintermayr & Partner, 4020 Linz, Landstraße 12/Arkade shall exclusively represent the interests of CAR, which has engaged the firm in respect of the drawing up of the contract.
8. General provisions
8.1. Austrian law shall apply exclusively. The applicability of the United Nations Convention on Contracts for the International Sale of Goods and other reference norms shall be expressly excluded.
8.2. The place of performance shall be the place of business of CAR.
8.3. The place of jurisdiction shall be the competent court in Linz, Austria.
8.4. Enclosure 1 forms an integral part of this contract.
8.5. Any oral or written agreements that were undertaken prior to the conclusion of the contract shall cease to apply on signing, should these concern the subject matter of the contract; the general terms and conditions of business of CAR shall apply exclusively, unless these contradict the provisions at hand. Amendments and additions to this contract shall require written form. This shall also apply to ancillary agreements and the wavering of the written form requirement.
8.6. Should one of the provisions of this contract be or become invalid, the validity of the remaining clauses shall remain unaffected thereby. The invalid provision shall be replaced by a valid clause that comes closest to the provision to be replaced in economic and legal terms.
all common CAD-Software
COREL (installed import filters)
GIMP (installed import filters)
WORD (installed import filters)