General Terms and Conditions

Please note that only the German version under is legally binding.


§ 1 – Subject of the installations

  • The software called camQuix is protected by copyright. The attached CamQuix product description (as of January 2005) is part of this agreement. Upon conclusion of the contract for installation of camQuix, the licensee is granted the non-transferable and non-exclusive right to use CamQuix, which is limited to the use described below. Not expressly mentioned rights of use remain with the licenser.
  • The right to, ownership rights and intellectual property rights of CamQuix remain with the licensor. The licensee acknowledges these claims and property rights and does nothing to limit, endanger or otherwise question the licensor’s ownership of CamQuix or its rights to CamQuix.
  • License agreements are only concluded with companies within the meaning of § 14 BGB (German Civil Code). By using CamQuix, the licensee accepts this agreement, otherwise he is not entitled to use CamQuix.


§2 – Scope of licensing

  • This license allows the licensee to use CamQuix depending on the individually agreed contract (single, multiple, floating license). The agreed number of licenses is defined by hardware in one or more programmed keys.
  • Using CamQuix means that CamQuix is either loaded in a temporary memory (e.g. RAM) of a computer or on a permanent memory (e.g. hard disk, CD-ROM). If the licensee has purchased multiple licenses of CamQuix, the licensee may only use as many copies as have been purchased from the licensee. A work license allows the use on all computers of a location (postal address).
  • If Licensee has purchased a license package from Licensor, Licensee is entitled to make copies of the package itself according to the number of licenses purchased and to use them in accordance with the provisions of this License Agreement.


§ 3 – Limitation of the license

  • All written material belonging to camQuix is protected by copyright. It may not be reproduced or distributed.
  • The right to use camQuix can only be transferred to third parties with the written consent of the licensor and under the conditions of this contract.
  • The licensee is not entitled, without the prior written consent of the licensor, to hand over CamQuix, associated written material or the activation code to third parties or to make it accessible in any other way.
  • The use of camQuix on several computers despite the lack of a multi-user license will be prosecuted under civil and criminal law.
  • The licensee is not entitled to reverse engineer, decompile or disassemble camQuix.
  • camQuix is licensed as a single product. The licensee is not entitled to separate the components of camQuix in order to use them on more than one computer.
  • The licensee is not entitled to rent or lease camQuix.


§ 4 – Breach of contract and termination

  • Licensor may terminate the License Agreement with immediate effect if Licensee fails to comply with any provision of this Agreement.
  • The licensor will hold the licensee liable for all damages arising from a violation of this contract by the licensee.


§ 5 – Scope of supply

  • CamQuix is delivered exclusively via installation CD. The functions of the software are explained in the program itself. The delivery of manuals and documentation beyond the user guidance and online help implemented in CamQuix, or a briefing, is only owed if this is expressly agreed in writing between the parties. In the event of such an express agreement, requirements regarding the content, language and scope of a manual and/or documentation to be expressly supplied are not met, and the supply of a brief instruction is sufficient, unless the parties have agreed further specifications in writing.


§ 6 – Changes and Updates

  • The licenser is entitled, but not obliged, to create updates of camQuix.


§ 7 – Dangers when using the software

  • Due to the complexity of the machine-dependent NC codes, it cannot be ruled out that errors may occur under certain circumstances.
  • Since all NC programs are created automatically, the last check is always carried out by the machine operator. This final check refers in particular to rapid movements of the machine which would lead to a collision with the blank, clamp or other machine parts.
  • Even when reading data from other systems, complete data consistency cannot be guaranteed. The quality of the imported data always depends on the respective producer. This refers to the content as well as the structural form of the data. In particular, no guarantee can be given for version changes of the following formats. The licensor is entitled, but not obliged, to update the import interfaces.
  • camQuix is not fault-tolerant and has not been developed or manufactured for use in hazardous environments where failure-free operation is required, e.g. in nuclear facilities, aircraft navigation or communication systems, in air traffic control, in machines for direct life support or in weapon systems where failure of the technology would lead directly to death, personal injury or serious damage to property or the environment.


§ 8 – Warranty

  • The licenser points out that it is not possible to produce computer software completely error-free according to the state of the art.
  • The licenser guarantees for a period of twelve months from the date of invoicing that CamQuix essentially corresponds to the CamQuix product description with regard to its functionality.
  • If a defect occurs, the defect and its appearance must be described in writing in such detail that it is possible to check the defect (e.g. submission of error messages) and to exclude an operating error (e.g. indication of the work steps).
  • If the notice of defect proves to be justified, the licensee sets the licensor a reasonable period for subsequent performance. The licensee informs the licensor what kind of subsequent performance – improvement of the delivered or delivery of a new, defect-free item – he wishes. However, Licensor is entitled to refuse the chosen subsequent performance if it can only be carried out at disproportionate costs for Licensor and if the other type of subsequent performance would not entail significant disadvantages for Licensee. In addition, the Licensor may refuse subsequent performance in its entirety if it can only be carried out at disproportionate costs for the Licensor.
  • In order to carry out subsequent performance, Licensor shall be entitled to two attempts within the period set by Licensee for the same or directly related defect. After the second failed attempt at subsequent performance, the licensee may withdraw from the contract or reduce the licence fee. The right of withdrawal or reduction may be exercised after the first unsuccessful attempt at subsequent performance if a second attempt within the set period is unreasonable for the licensee. If subsequent performance has been refused under the above conditions, the Licensee shall immediately have the right to reduce the purchase price or to withdraw from the contract. Withdrawal due to an insignificant defect is excluded.
  • If a warranty claim is made against the Licensor and it turns out that either there is no defect or that the claimed defect does not oblige the Licensor to warranty, the Licensee must reimburse the Licensor for all expenses incurred by the Licensor, provided that he is responsible for the claim against the Licensor due to gross negligence or intent.
  • A guarantee that CamQuix is suitable for the purposes of the licensee and works together with software available at the licensee is excluded.
  • Only deviations from the specification proven and reproducible by the licensee are considered as material defects of CamQuix. However, a material defect shall not be deemed to exist if it does not occur in the latest version of the software provided to the Licensee and its use is reasonable for the Licensee. A material defect shall also not be deemed to exist if § 7 applies.
  • Notifications of defects must be made immediately in writing (or by email). The defect and the corresponding data processing environment shall be described as precisely as possible.
  • All warranty claims are excluded during the free test phase.


§ 9 – Liability

  • In addition to this warranty, the licensor is only liable for a period of one year from the date of invoice in cases of intent and gross negligence in accordance with the statutory provisions. In the case of liability due to slight negligence, this liability is limited to such damages that are foreseeable or typical. Liability for the absence of the guaranteed quality, for malice, for personal injury, defects of title, according to the Product Liability Act and the Federal Data Protection Act shall remain unaffected. In the case of slight negligence, liability is limited to the amount of the foreseeable damage which is typically expected to occur. In any case, liability is limited to five times the purchase price.


§ 10 – Obligation of the licensee to cooperate

  • The licensee has to take all necessary and reasonable measures to prevent or limit damages by camQuix. If the output data generated by camQuix are used for further processing, they are the responsibility of the licensee (in particular NC files for controlling machine tools). The output data created with camQuix can be used on productive systems if they have been checked and approved by authorized personnel. If these conditions are not fulfilled, any liability of the licenser for the use of the data created with camQuix on productive systems is excluded.
  • If the licensee integrates camQuix into his production process, he must first determine and document the suitability and the obvious faultlessness of camQuix by means of suitable and comprehensible tests. This test must be carried out separately for each new process change. In this context, the licensor draws attention to the general obligation to check NC programs in the production process for obvious faultlessness and to have them checked by the responsible machine operator for collision-free operation and correct execution.
  • The licensee undertakes to inform the licensor in case of planned use of camQuix in a damaging production process with special risks for life and limb (aviation, automobile construction or similar) or in case of series production. In these cases, the licensor reserves the right to reject the contract or agrees on an individual contractual release from liability.
  • The licensee has to inform himself regularly on the website about free updates of camQuix. If the licensee omits a free and timely update, in particular if the licensor has informed the licensee of this, the licensee is at considerable fault.
  • In the event that the Licensor is held liable for warranty or liability, the Licensee’s contributory negligence shall be adequately taken into account, in particular in the event of inadequate error messages or inadequate data backup. Insufficient data backup shall be deemed to exist in particular if the Licensee has failed to take precautions against external influences, in particular computer viruses and other phenomena which could endanger individual data or an entire database, by means of appropriate, state-of-the-art security measures. The Licensor shall not be liable for the loss of data and/or programs insofar as the damage is based on the fact that the Licensee has failed to perform data backups and thereby ensure that lost data can be restored with reasonable effort.


§ 11 – Data protection and reference customer list

  • In accordance with § 33 paragraph 1 of the Federal Data Protection Act and § 4 of the Teleservice Data Protection Ordinance, the licensor points out that the master data is processed automatically in machine-readable form and for tasks arising from the contract. Licensee expressly consents to the electronic, automated processing of data known to Licensor in the context of contractual relationships and necessary for order processing.
  • The licensor is entitled to quote the name of the licensee as a reference, unless the latter expressly objects to this.


§ 12 – Miscellaneous

  • If the licensee has its registered office outside Germany, it is obliged to comply with the regulations of the European Union’s import sales tax, in particular to disclose the sales tax identification numbers.
  • The place of jurisdiction for all disputes arising from this contract is, as far as legally permissible, Karlsruhe.
  • German law applies exclusively
  • Should parts of this contract be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. Rather, the parties undertake to replace the invalid provision with a provision that comes as close as possible to the economic intention. Amendments to this contract must be made in writing. The same applies to the cancellation of this written form clause.