Logo von guesgen-software.de

Freeware für privat genutzte Systeme
Softwareentwicklung für WINDOWS 
 Buch: PA-Technik für den Rockmusiker

GuesgenSoftware

Disclaimer English-Version

The legal notices and terms of use for the website "www.guesgen-software.de" and the download options on this website. - Please take note of it.

0. The validity of the disclaimer and the basic provisions of the disclaimers

0.0 Data protection declaration see also validity of the data protection notice.

0.1 With the publication of this disclaimer, old versions of the disclaimer immediately lose their validity and must be replaced immediately by the provisions of this current disclaimer, which can now be viewed.

0.2 By calling up the pages of the website "www.guesgen-software.de" and / or calling up all of the individual pages contained therein, this disclaimer is identified by a link and can be viewed, and thus comes into force.

0.3 All contracts and approvals generally require the written form (no email / no fax) and my express signature. Email, fax, verbal and telephone contracts are not concluded; email, fax, verbal and telephone agreements are deemed to be irrelevant and are fundamentally ineffective.
Approvals and contracts that are allegedly created or initiated by Internet forms or alleged data records that are created or initiated by unknown third parties or that were created or initiated in the past are and have always been fundamentally ineffective and will not be concluded by me. Only written contracts based on my drafts, which must have my express, handwritten signature, apply.


0.4 This disclaimer is always a binding part of all license agreements (EULA) for all programs from Dipl.-Ing. Klaus A.K. Güsgen, as stated in writing in the license agreements under "General". If the conditions between the license agreement in the installation program or the license agreement shown in the online help and this disclaimer differ in its current form, it is generally agreed that the more current conditions of the current disclaimer published here apply! Explanation: This is due to the intervals between the software releases, as the legal situation can change between two releases and is then adapted via this disclaimer..

0.5 Additional data protection agreement - specifically only for the installable software packages - from Dipl.-Ing.Klaus A.K. Güsgen :
By confirming the license agreement when installing all software products from Dipl.-Ing. Klaus A.K. Güsgen express permission that all software products from Dipl.-Ing. Klaus A.K. Güsgen emails about the installation or registration and blocking of these products to Dipl.-Ing. Klaus A.K. May send Güsgen. These emails provide information about the respective operating status (registered, blocked, improper use or blocking) and also contain the data on processor type, operating system, computer name, user name, user domain and DNS domain. It is the user's responsibility to ensure that the aforementioned data is anonymized. However, should this data contain data in plain text that lead or can lead to the identification of the user, this is expressly intended by the user and it is hereby expressly agreed that the GDPR does not apply in this case. The data will not be shared with third parties. There is always the possibility of contradicting this agreement when installing the software by not agreeing to this license agreement during installation and thereby aborting the installation. If this license agreement is approved upon installation, then this passage is also deemed to be recognized without restriction and expressly approved.

0.6 Natural and legal persons are responsible for taking note of and complying with the current conditions of the disclaimer. Regular checking of this disclaimer is the responsibility of these natural and legal persons.

0.7 This entire disclaimer is generally only subject to the law of the Federal Republic of Germany (FRG).

0.8 The place of jurisdiction is Solingen in the Federal Republic of Germany (FRG).


1. Limitation of Liability

The contents of this website are created with utmost care. However, the provider does not assume any liability for the correctness, completeness and topicality of the content provided. The use of the content of the website is at the user's own risk. Contributions identified by name reflect the opinion of the respective author and not always the opinion of the provider. The mere use of the provider's website does not result in any contractual relationship between the user and the provider. This does not affect the legal validity of the disclaimer, it is always fundamentally valid and comes into effect immediately when the website www.guesgen-software.de is accessed.


2. External links

As far as possible, this website does not contain any links to third-party websites ("external links"). Only references with Internet addresses (URLs) are given as text, so that interested parties have to enter these URLs manually, as the decision of the LG Hamburg Az. 310 O 402/16 of November 18, 2016, could result in a possible copyright infringement through direct links .
These third party websites are subject to the liability of the respective operator. When the external links were first provided, the provider checked the third-party content for any legal violations. At that time, no legal violations were apparent. The provider has no influence on the current and future design and content of the linked pages. The setting of external links does not mean that the provider adopts the content behind the link as his own. A constant control of these external links is not reasonable for the provider without concrete evidence of legal violations. With knowledge of legal violations, however, such external links will be deleted immediately.


3. Copyright and ancillary copyrights

3.0.1 The text and image content published on this website (especially the program descriptions and operating instructions) including photos and screenshots are subject to German copyright and ancillary copyright law. The graphic design of my software interfaces for the freeware packages offered here are also subject to copyright and ancillary copyright.

3.0.2 Any use not permitted by German copyright and ancillary copyright law requires the prior express written, contractual consent in accordance with. Point 0 paragraph (3) of this disclaimer of the provider or the respective rights holder. This applies in particular to the adoption of texts, images and software as well as their duplication, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems.

3.0.3 Third party content and rights are marked as such.

3.0.4 The transfer of texts and graphics is always chargeable.

3.0.5 The Hamburg Regional Court ruled on November 18, 2016 (Az. 310 O 402/16)) that the operator of a commercially operated website is fully liable for copyright infringing content that he links, even without knowledge. You should seriously consider this if you are a commercial provider who intends to make a profit with his linking with his download portal. Anyone who links to my copyrighted texts, graphics or software without my written consent or even copies them to their own server or website must expect legal consequences in accordance with Section 3.7 of this disclaimer, as will be explained again in detail below:

3.0.6 The unauthorized adoption or duplication, transfer or linking of individual texts or content, graphics and images also as partial images or partial graphics (... if you change the image format, e.g. 640 x 480 to 320 x 240 or similar, it remains the original image and is still subject to copyright) or entire pages of the website www.guesgen-software.de and all the individual pages contained therein, as well as the software offered or the book "PA technology for the rock musician" by Dipl.-Ing. Klaus Güsgen is without express written, contractual consent acc. Point 0 paragraph (3) of this disclaimer is not permitted and is punishable. Under civil law, I will assert the fees due for the adoption of texts, graphics and images.

3.0.7 There is always the possibility to regulate everything contractually in advance, legally compliant to mutual satisfaction, but I will no longer tolerate copying away and taking over or linking, especially not from IT magazines and so-called download portals.

3.0.8 If I discover a graphic or an image and / or complete texts or software or entire pages on a website that has not been authorized in writing by me, then such violations have legal consequences in accordance with section 3.7 of this disclaimer.

3.0.9 Removing the copyright notices from software, PA book, graphics, texts and photos has legal consequences in accordance with section 3.7 of this disclaimer.

3.0.10 Social networks, download portals, private websites are obliged, even if the content to which I have the rights, has been communicated, posted or uploaded by third parties unknown to me, to authorize the publication of links, files, images, texts or request software. Social networks, download portals, private websites cannot obtain exploitation rights to my intellectual property, even if the information or content to which I have the rights has been communicated, posted or uploaded by third parties unknown to me.

3.0.11 Social networks, download portals, private websites e.g. Facebook or similar is not allowed to set up pages containing or using the name "guesgen-software.de" without my express written (no email!) Permission.

3.0.12 Social networks, download portals, private websites that violate this disclaimer will be immediately held accountable in accordance with section 3.7 of this disclaimer without any prior consultation.


3.1 Links to my website www.guesgen-software.de:

3.1.1 Links to the www.guesgen-software.de website or individual pages on the www.guesgen-software.de website must always be communicated to me by email and approved (LG Hamburg Az. 310 O 402/16 from 18.11 .2016).

For a better understanding: The display and approval of a link to my website applies to private individuals, self-help groups, public law websites, NGOs, associations and all commercial websites and also to the so-called automatic web crawlers and their provided services of all kinds for third parties.

3.1.2 Links to pages or directories (folders) with password protection are strictly prohibited.

3.1.3 Links to my released website content by commercially active providers in the broadest sense who offer my software on their websites in the form of a link to my website or the individual pages, and not to the download files in order to avoid the contractual obligation required for this, are obliged register your offer or the page link with me and have it approved in writing in accordance with point 0 paragraph (3). If this does not happen, the download offer is illegal and, if necessary, section 3.7 of this disclaimer will be followed. It should be noted that texts and graphics may only be used on the linked pages with written permission and for an appropriate fee, which must comply with point 0, paragraph (3) of this disclaimer.

3.1.4 I reserve the right to prohibit links if I do not like the content of the pages on which the link was placed.

3.1.5 Links that are set up by third parties without my knowledge and consent are not authorized by me (see above). These links with my website are subject to the liability of the respective operator of the website on which they were placed. The resolution of the LG Hamburg (Az. 310 O 402/16) of November 18, 2016 must be observed.

3.1.6 Information about my software products on websites, download portals or download sites must be factually correct. The person who places this link on my website is responsible for the information.
If, due to incorrect information about my software, unnecessary service costs arise with users, then I may withdraw the linking permission from these links, if they had one at all, and if necessary proceed in accordance with section 3.7 of this disclaimer.


3.2 Presentation of this website in external frames:

The presentation of the website www.guesgen-software.de and all the individual pages contained therein as well as the graphics, photos and screenshots and the operating instructions for my software products, in third-party frames, is only permitted with an express written contractual consent in accordance with Point 0 paragraph (3) of this disclaimer is permissible.


3.3 Conditions of use for my software:

3.3.1 The use of my software for private, non-commercial purposes is currently free of charge (freeware). 

Note: After installation, an anonymous installation email will be sent by the software if you agree. This activates the software. If you decide against sending this installation email, the software will not be activated. However, it is noticeable here if you are installing the software on a non-private system.

Private use means installation on a private, non-commercial or commercial computer for a single user (i.e. only one single user per computer!).

Explanation of the word single user.:

a) Only one user account per private computer is authorized to use the software as freeware. If the software is used by more than one user account, the individual users will also be registered multiple times and will thus be known to me. In this case, it is no longer freeware, but there is multiple use that is subject to a fee, i.e. the freeware license has also expired.

b) b) Installation on several computers of one user is also not permitted. There is also a multiple registration of the installations here and is known to me. In this case, it is no longer freeware, but there is multiple use that is subject to a fee, i.e. the freeware license has also expired.

In the event of a violation of paragraph 3.3.1, section 3.7 of this disclaimer will be followed.

Reservation: I cannot guarantee whether the freeware license for private use as a single user license will be permanent. Since the software is time-limited, the freeware commitment is valid until a new release appears. If a new release comes out before the end of the term and this new release is no longer freeware, then the old freeware release may no longer be used until the end of the term. The new release is then always chargeable and may then no longer be used free of charge.

Single, multiple or campus licenses for private users are annual licenses and are valid for 1 year. A new annual license must then be purchased if the software is to continue to be used. Since it is about individualized software in one-off production, prices only according to written offer.

Each software version includes a date lock. If this is exceeded, the license has expired and the software can no longer be run. Anyone who uses such versions through system manipulation beyond the date lock is acting illegally. In principle, in the event of a breach in accordance with section 3.7 of this disclaimer, the procedure is followed.

3.3.2 The commercial and / or commercial use of my software, even if only occasionally, in offices, authorities, companies, schools, colleges, universities, institutions for private and professional training, government institutions and pol. Parties, religious institutions of all kinds, practices, freelancers, consulting firms, studios, producers, musicians who receive fees, clinics, health and care facilities as well as retirement homes, development or monitoring institutions of all kinds, as well as associations, NGOs, self-help groups or non-profit organizations of all kinds, etc. ., is only permitted if a temporary license has been purchased.
 
The installation of the software on a computer within a company network or on a commercially used computer is a commercial or commercial use according to 3.3.1 and 3.3.2 of this disclaimer and requires the prior acquisition of the license. If this does not happen, the product has been used illegally from the time of installation.  

Note: After installation, an anonymized installation email will be sent by the software if you agree. This activates the software. If you decide against sending this installation email, the software will not be activated. However, it is noticeable here if you install the software on a non-private system.

Commercial use in accordance with 3.3.2 also applies if an employee of a company installs my software in his business environment (company network or service computer) or installs or uses it for private purposes on his service computer or from a company network of the employer without the knowledge of or on behalf of his employer. In this case, the employee must acquire an annual license. If this does not happen, then there is illegal use.
Illegal use in a commercial or industrial environment, starting with installation without a license, is illegal and obligates you to pay damages.

In the event of a violation of paragraph 3.3.2, section 3.7 of this disclaimer will be followed.

Since single, multiple or campus licenses for commercial users are individualized software in one-off production, the license prices can only be specified by me in accordance with an individual written offer (point 0 paragraph (3)). In any case, they are based on the number of individual users required. Single, multiple or campus licenses for commercial users are annual licenses and are valid for 1 year. A new annual license must then be purchased if the software is to continue to be used. The single user / multiple or campus licenses do not include resale and are always pure end-user licenses.

Each software version includes a date lock. If this is exceeded, the license has expired and the software can no longer be run. Anyone who uses such versions through system manipulation beyond the date lock is acting illegally.  In the event of a nmanipulation, paragraph 3.7 of this disclaimer will be followed.


3.4 Offering the software from Dipl.-Ing. Klaus A.K. Güsgen or the book "PA technology for rock musicians" for download by commercial providers in the broadest sense

3.4.1 Offering my software, including older software for systems ATARI, MSX, Commodore, ZX81, Color Genie etc., by copying it to your own server or website and offering it for download from there, is strictly prohibited.

3.4.2 My software or the book "PA technology for the rock musician" may not be sold, rented or given in return for consideration. Consideration is cash payments in the broadest sense (examples: download fees, subscription fees, etc.) or the submission of personal data such as name, address, phone number, email address or registration for a closed user group (download or download address only against registration at the corresponding portal / website).

3.4.3 The distribution of my software for download via social media e.g. Facebook, Twitter or the like including any auction and sales portals such as EBAY and Amazon is strictly prohibited.

3.4.4 Only a chargeable link to the original download files on the website www.guesgen-software.de is permitted if point 3.4, paragraph 5 (see below) of this disclaimer is observed. The resolution of the LG Hamburg (Az. 310 O 402/16) of November 18, 2016 must always be observed.

3.4.5 In principle, it is necessary,  that commercial providers in the broadest sense who want to offer my software on their websites in the form of a link to the original download files on www.guesgen-software.de must conclude a contractual agreement with me that allows Point 0 paragraph (3), this disclaimer and the resolution of the LG Hamburg (Az. 310 O 402/16) of November 18, 2016 are fully sufficient. This direct link to the download files is always chargeable. (As an alternative, there is a link to the respective download page of the software product, such as: www.guesgen-software.de/bludrume.htm in accordance with point 3.1 of this disclaimer.)
Links to pages or files in directories with password protection that do not contain any freeware or approved content are prohibited.

3.4.5.1
Protection against unauthorized links to the released original download files on www.guesgen-software.de is provided by preventing so-called hotlinks.
Anyone who circumvents this lock by means of suitable program-technical measures is intentionally acting unlawfully. In these cases, paragraph 3.7 will be followed if I become aware of such violations or are made known by third parties.

A contract for the offering of my software always refers only to the software product applied for.
Case study: Who e.g. the product BLUDRUME may offer cannot extend this to the other products i.e. he can only offer BLUDRUME and nothing else. Of course, it is possible to deviate from this in a contractual form.
A list of contractually authorized providers can be found here. Providers not on this list are acting unlawfully and illegally and will be treated in accordance with Section 3.7.

3.4.6 An extremely generous transitional regulation for commercial providers in the broadest sense, who already have software from Dipl.-Ing. Klaus A.K. Güsgen through a direct link to the installation files or the PA book "PA -Technik für den Rockmusiker.zip" for download on their website, without me knowing, was or is contractually regulated in writing, took place in 2016 within a reasonable period until 08/14/2016. This deadline has passed. For providers who are not contractually authorized, this has consequences from August 15, 2016 in accordance with paragraphs 3.7 and 3.4.7 of this disclaimer.

3.4.7 Fees for the download authorization.
Since commercial providers in the broadest sense use their offers to make a profit through displayed advertising, the approval of my software on the portals or websites of commercially active providers in the broadest sense is chargeable, i.e. a reasonable fee is paid to the developer and rights holder Dipl.-Ing. K. Güsgen to pay.
This approval is always fixed in a contractual, according to point 0 paragraph (3), time-limited regulation with the respective commercial provider. The amount and modalities are determined individually by me. In the case of unauthorized offers, I will file a claim for damages under civil law and, if necessary, have it enforced in court.


3.5 Offer my software or the book "PA technology for rock musicians" using a loader or integration into third-party software:

3.5.1 The deployment of a special "Loader" or "Download and Install Manager" that either integrates my original files and keeps them ready on its own server or downloads my original files from the original website and thereby promotes content or messages that I do not want , transported, especially under the original download file name or with part of the original program name (e.g. BLUDRUME_.exe BLUDRUME-setup.exe), is forbidden, as this gives the user the impression that they are the original files acts.
Furthermore, the user is suggested that the corresponding messages or advertising would happen with my consent and were agreed with me, i.e. wanted.
This is not the case. I hereby distance myself - purely as a precaution - from messages or advertising that you link or attempt to link with my software and forbid this procedure from "loaders" or "download and install managers" for my software and the book "PA technology for the rock musician "without exception.

3.5.2 The use of loaders or install managers that access password-protected directories, websites or files with content that has not been released constitutes a copyright infringement and is not permitted.

3.5.3 It is forbidden to include or integrate my software or the book "PA technology for the rock musician" into your own software packages that then download and / or unpack my software or the book "PA technology for the rock musician" or as a subsystem use in a larger overall system.

Case study: A service package or a service package collection with various service programs contains e.g. the network monitor GSNMTOOL as a subsystem that can be called up. Or BLUZUME contains a collection of wellness or medical programs as a subsystem. In the event of a violation, the procedure will be in accordance with Section 3.7 of this disclaimer.


3.6 Duplication of my software or the book "PA-Technik für den Rockmusiker" on any external storage medium:

3.6.1 The reproduction of my software, including older software for systems ATARI, MSX, Commodore, ZX81, Color Genie etc., and / or the book "PA technology for rock musicians", in whole or in part, on CD, DVDs, Bluerays or other data carriers requires my written approval.

3.6.2 In principle, it is necessary to conclude a written approval or contractual agreement with me, which fully complies with point 0 paragraph (3) of this disclaimer.

3.6.3 This approval is always associated with an appropriate author remuneration in accordance with 3.4.7. It is completely irrelevant whether these data carriers are distributed free of charge -, are enclosed in magazines - or enclosed with a book, or any products e.g. Blood pressure measuring devices, blood sugar measuring devices, peak flow measuring devices or the like are included!
I would like to point out that a permit is only ever valid for a single data carrier in a contractually specified number of copies. It is not permitted to obtain or extend an individual license for subsequent data carriers in a new or different edition.

Case study for 3.6.3: If a publisher or a natural or legal person is given permission to publish the 08/2008 issue on a DVD for a magazine in the amount of 20,000 copies, then this permission does not automatically apply to data carriers that Specialist book from the same publisher or for a DVD of the magazine in the following years or another magazine from the same publisher or subsidiary. Likewise, a new edition beyond the agreed number of copies is not permitted.

3.6.4 Should I find unauthorized copies of my software or books on data carriers, I will proceed in accordance with section 3.7 of this disclaimer.


3.7 Sanctions in the event of a violation of copyright and ancillary copyrights:

Violations of the copyrights and ancillary copyrights or the conditions listed here in the disclaimer have immediate consequences under civil and criminal law.

The civil and criminal law measures are initiated through a law firm without prior consultation with the perpetrator (s), in principle only at a cost to the person concerned.

3.7.1 License violations against the license terms of my software:

The text of this disclaimer is, as stated in the license agreement and in section 0.4 of this disclaimer, always a binding part of the license agreement.

In the case of verifiable violations of the license conditions - it is hereby agreed that a registration email as proof of commissioning and use of my software and thus as acceptance of the license conditions by implied action, (since the license conditions must be displayed in the installation program and expressly recognized in order to carry out the installation ), is deemed sufficient - the following contractual penalties are agreed between the parties:

1. For private users according to 3.3.1 of this disclaimer € 300
2. For commercial users according to 3.3.2 this disclaimer 1000 €

If I become aware of violations of the license conditions of my software, the perpetrator will be excluded from further use of the software or made more difficult if it is technically possible.
However, this affects the possible claim to the poss. contract penalties, damages and any possible criminal liability for previous unlawful use of the software are not.
The blocking does not protect against the inevitable legal consequences of possible previous copyright violations, but only ensures that the software cannot be used again and again unintentionally.
This lock then applies to all my software products without exception and will never be lifted again for the natural or legal person concerned in the freeware version.

3.7.2 Notes on violations of links, offering my software or the PA book, etc .:

Please note the decision of the LG Hamburg (Az. 310 O 402/16) of November 18, 2016 regarding illegal links. According to a news report (source: "www.n-tv.de" from December 10th, 2016) the amount in dispute was set at 6,000 euros, so that just a simple warning from a law firm would be quite expensive.
Save these costs by contacting me before you link, copy or carry out similar actions that are not permitted by this disclaimer. As a rule, a solution that is satisfactory for everyone can always be found.

IT specialist publishers and commercial download portals do not enjoy any special rights and action is taken particularly hard against illegal offers of my software, texts and graphics, as unfortunately friendly notification emails were mostly ignored in the past.


4. Validity of the data protection declaration for visitors to the http://www.guesgen-software.de website

The declarations made on the separate data protection declaration are always a fundamentally binding part of this disclaimer and are unreservedly valid (follow this link) or use the menu item "Data protection notice" on the navigation column!).


5. Imprint

The use of the contact details in the imprint for commercial or political advertising is expressly prohibited, unless the provider had previously given written consent in accordance with point 0, paragraph (3). The provider and all persons named on this website hereby object to any commercial or political use and disclosure of their data.


6. Special Terms of Use

Insofar as special conditions for individual uses of this website deviate from the aforementioned or supplement them, this is expressly pointed out at the appropriate point. In this case, the special terms of use in addition to these terms of use from this disclaimer apply in each individual case. This also applies to all software packages and the book "PA technology for rock musicians" as well as the texts, graphics, photos and screenshots on this website. This also applies to the texts and graphics in the online operating instructions for all software products from Dipl.-Ing. Klaus A.K. Güsgen. Please read carefully the additional special regulations for the respective products on the corresponding page.


7. Email contact to GüsgenSoftware

7.1 In accordance with point 0, paragraph (3), no permits will be issued or contracts will be concluded by telephone, email or fax.

7.2 Anonymous emails or emails only with a pseudonym without verifiable, chargeable address information (postcode, city, street and house number) in the text will be deleted unread or unprocessed. The sender will then be entered in a blacklist as a spammer with immediate effect.

7.3 Emails that contain malware are automatically recognized and deleted. On my part, no email contact will be made with someone who has sent me an email with malware. These senders are also entered in a "black list" on the email server and their emails - whether free of malware or not - are no longer accepted but are always automatically deleted.

7.4 Users who think they have to abuse or insult because of the supposed security of a pseudonym or even openly will also be blocked immediately. Should I be able to prove the identity of these people, this always has legal consequences. See also 7.2.
Well-founded criticism in a factual form is of course not affected.

7.5 My contact details may not be passed on to "WHATSAPP" or similar messenger services or any "social networks" (e.g. Facebook, Instagram, Twitter, etc.) without express written consent, which must comply with point 0 paragraph (3) of this disclaimer.


8. Severability Clausel

If one or more provisions of the terms of use (this disclaimer) is or becomes ineffective, this does not affect the effectiveness of the other provisions. The ineffective provision is to be replaced by an effective provision that comes closest in terms of content.


9. Service and advice requirements

My software and the PA book are handed in as they are. All programs contain access to detailed online help, which can be viewed on this website. In addition, I do not provide any free support, do not repair anything free of charge, do not solve your hardware, software or network problems free of charge or I am helpful in the decision whether the software can be installed. This applies to telephone advice and inquiries as well as personal advice or on-site services.
With the installation of my software, the license agreement and this disclaimer come into force. It can be called up and read through in the installer before installation. After that, the decision whether to install it or not to do so lies solely with the user.


9.1 However, if you expressly wish to provide service, consulting or development work, then this can only be done for a fee based on the IT / TC consulting hourly rates customary in the industry..

9.1.1 The respective price for the hourly rate is fixed in a contract..

9.1.2 In principle, it is necessary to conclude a contractual agreement with me that fully complies with point 0 paragraph (3) of this disclaimer.

9.1.3 An exception are "ad hoc" error messages about my software packages, which are subject to a special regulation below (click on this link).

9.1.4 Based on my 50 years of experience, only my hourly rates for "senior managers" are eligible. Without an existing contractual hourly rate regulation, no service will be provided by me or an advance service will be entered into on my part.

9.1.4.1 This also applies to requests for advice or advice over the phone.
In the case of telephone advice / consulting, prepayment is the rule for new customers without exception and the initial telephone consultation is limited to 1/2 hour.

9.1.4.2 In the case of telephone advice, the connection fees incurred will be charged separately if the call was set up on my part.

9.1.5 Travel expenses, if they become necessary, are to be paid for separately in each case. Here, too, a contractual regulation is necessary.

9.1.6 For orders that require overnight stays at the site, the following applies:
The costs for hotel stays for a good middle class hotel (three stars and higher, depending on the equipment) at the place of use are always charged additionally. The basis is the hotel bill.

9. 2 Terms of Service for Error Messages 

9.2.1 Error messages will only be accepted and processed with full surname, first name (plain text no pseudonyms!) And a complete, correct and verifiable address (zip code, city, street and house number) and phone number. Error messages are only accepted via the "Error agent" menu item in all programs from the "Help" or "Operating Instructions" menu, since this menu item automatically transmits all the necessary technical error data. Missing, incomplete or non-verifiable address data (zip code, city, street and house number) lead to the error message being automatically discarded without any feedback and without processing.

9.2.2 It is also mandatory to indicate from where the download or from which portal the download was made. If this information is missing, the error message will not be processed-

9.2.3 If you send me an "ad hoc" error message about one of my software packages (letter / email / fax / phone call / SMS / MMS etc.), this will no longer be processed, unless you have used the error agent. In this case, you give me a written order for removal. This also applies if you try to express this email as a "suggestion for improvement", "suggestion for improvement" or something similar. After checking the address data and sending an order confirmation to the client by email, I will process this troubleshooting order as quickly as possible. Missing address data leads to the discarding of the report without feedback to the sender.

9.2.4 Note on the origin of the software : I only process error messages where the download was beyond doubt from my website or from a contractually authorized website. You can find the list of authorized download portals here.

9.2.5 The issue of a response time guarantee is hereby explicitly excluded. Likewise, I don't work 7/24 or 24/7 on errors.

9.2.6 If there was actually a program error in my software for which I am responsible, it will, if I consider it necessary, be eliminated free of charge for the client and released with the next release. The decision about the need to rectify the problem lies with me alone and cannot be prescribed to me.

9.2.7 Special versions with workaround solutions are not created and maintained. This is possible on request as a chargeable special service.

 9.2.8 Errors are usually eliminated with the next release of the respective software product. The release planning of the releases is my sole responsibility and cannot be prescribed or demanded from me.

9.2.9 I cannot eliminate errors that are based on operating system errors; this is always the responsibility of the respective operating system manufacturer.

9.2.10 False alarms: If, when processing an error message, it turns out that an error message was a false alarm because the error reporter did not read the operating instructions, or his computer was configured incorrectly (missing read, write and installation rights) or other circumstances that the error reporter sent is responsible, then the necessary expenses (time and, if applicable, material) caused by this will be invoiced to the person who created the incorrect error message and requested the error correction. You can find my current hourly rates on my website at www.guesgen-software.de Chapter: YOUR CONTACT PERSON. I don't make any exceptions here. False positives cost money because I have to spend time. If the error reporter is unwilling to pay in these cases, an immediate debt collection through a law firm between the error reporter and Dipl.-Ing. Klaus A.K. Güsgen agreed. In the case of error messages, please always think carefully beforehand whether it is an error or a special request for the program performance in accordance with 9.2.11.

9.2.11 Special requests, because someone wants a program change and this is shown as an error, will not be processed unless there is a special development order. With such a "trick", the times incurred are assessed as a "false alarm according to 9.2.10" and lead to a workload calculation as described under 9.2.10. I also consider this "trick" to be an attempt at fraud and in the future, if possible, I will exclude users who try to steal development work from using the software.

9.2.12 Suggestions for changes that are clearly marked as such are gladly acknowledged, but no longer answered for reasons of time. Please understand, this is a time ürpblem.
Error messages that are titled as "suggestion for improvement", "suggestion for improvement" or similar are deleted unprocessed and the sender is entered in an email block list.

9.3 Severability clause for item "9. Service and advice requirements"

If one or more of the provisions of item "9. Service and Advice Requirements" is or becomes ineffective, this does not affect the effectiveness of the other provisions. The ineffective provision is to be replaced by an effective provision that comes closest in terms of content.

Note on the new ERROR AGENT in the programs:
The error agent transmits the necessary technical data so that you no longer have to worry about it. The transmission is provided as part of the contract in the license agreement and is effective with approval of the license agreement. An error message via the error agent is always technically complete. You should only add your address details. Only errors that occur via the error agent in the individual programs are accepted, all other error messages are discarded and deleted without being read. The error agent also determines whether errors have occurred or not. He attaches these clues to the error email. If the error agent does not find any logged errors, then the error agent warns of a possible false alarm, as these are chargeable. The error agent also shows the contract text above. You can of course reject it (there will be no error message) or accept it (error message will appear). The above contract text for error messages, with your consent - if done - is then also in the error message email. A carbon copy goes to the sender. Assertions like "... that was not evident or ... I did not know that ..." are then no longer possible. Telephone reports, letters by letter, fax or free formulated emails are no longer accepted for error messages.


The source of the basic structure was: "JuraForum.de / Disclaimer"
The necessary modifications and adaptations according to real existing requirements due to bad experiences with IT magazines, download portals and private persons were carried out by Dipl.-Ing. K. Güsgen.