AutoForm Order Terms

1. Entire Agreement

Subject to the EasyBlank License Agreement that was accepted by Customer prior to Customer’s use of AutoForm software (“Software”) and that fully applies to any new or further use of the Software, these Order Terms form the entire agreement between Customer and AutoForm Engineering GmbH (hereinafter AutoForm) in connection with the ordering of any products and/or services (“Products and Services”) offered by AutoForm through EasyBlank websites (the “Sites”).

2. Change of Terms

AutoForm reserves the right to change these Order Terms from time to time without notice. All changes to the Order Terms will be effective once posted. By continuing to access Sites or use Products and Services after AutoForm makes any such changes, Customer agrees to be bound by the revised terms.

3. Order Process

For any Products and Services order placed by Customer, the following process applies:
Customer presses the corresponding “Order” button to initiate the order process. Customer will be asked to open an account and after having entered all necessary data will receive an e-mail confirming that the account has been opened.
Customer will be asked to effect payment as per Section 7 below and after receipt of payment by AutoForm will be sent an e-mail containing a link where the ordered item and invoice can be downloaded during a period of fourteen (14) days. AFTER EXPIRY OF SUCH PERIOD, REPORT, GEOMETRY AND INVOICE WILL NO LONGER BE AVAILABLE AND CUSTOMER WILL NO LONGER BE ENTITLED TO RECEIVE THEM NOR ANY MONETARY REFUND.

3.1. EasyBlank Report Order Process Details

To order an EasyBlank report (“Report”), Customer enters all product data necessary for the generation of the Report and after having effected payment will receive a link where Report (as excel-file), pertaining geometry (as IGS-file) and invoice can be downloaded.

3.2. EasyBlank Data formats Order Process Details

To order the software module EasyBlank Data formats (the “EasyBlank Data formats license”), Customer presses ‘Order Data formats license’ button, selects one of the offered license terms and after having effected payment will receive a link where the license file and invoice can be downloaded. In accordance with Section 1 b) EasyBlank License Agreement, Customer is granted a non-exclusive, non-transferable, worldwide, node-locked license to use the EasyBlank Data formats during the chosen license term.

4. Data Privacy, Data Security

To create an account with AutoForm or to enable AutoForm or any of its related companies, their employees, partners, principals, agents and representatives to provide Products and Services, Customer needs to submit certain data, such as Customer name, email address, and mailing address and certain product data (collectively referred to as “Customer Information”). All Customer Information is transmitted in encrypted form and AutoForm agrees to protect and use Customer Information provided in connection with the Products and Services pursuant to the terms set forth in AutoForm’s Privacy Policy. By providing Customer Information, Customer is consenting to its use by AutoForm or any of its related companies, their employees, partners, principals, agents and representatives in accordance with the AutoForm Privacy Policy (see www.easystamping.com).

5. AutoForm Copyright and Trademark Information

Any company, product or service names referenced in the Sites are trademarks of their respective owners. All contents of the Sites and Products and Services are and remain the exclusive property of AutoForm and are protected by copyright, trademark and other applicable intellectual property laws. Customer is not granted any implied license whatsoever and may not copy, publicly display, modify, use in advertising, publications or promotional activities or otherwise distribute protected contents without prior written consent. Customer may not remove any copyright, trademark or any other intellectual property notices. Subject to receipt of valid payment, AutoForm herewith grants Customer an irrevocable, exclusive, worldwide right to use the Report and pertaining geometry in full or in part.

6. Customer Copyrights

Any Customer Information transmitted during order process by Customer remains property of Customer. AutoForm does not claim any ownership rights in any Customer Information. Customer confirms that it will not transmit data or images in violation of any third party’s intellectual property rights. Customer hereby grants and warrants that he has a right to grant to AutoForm a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute Customer Information for the purpose of delivering the Products and Services to Customer.

7. Fee, Payment and Terms

All prices displayed on the Sites are in US Dollars and inclusive of Swiss Value Added Tax (VAT), at the then applicable rate. AutoForm shall not be liable for any other sales taxes, customs or import duties or other taxes, which may be imposed on Customer by any relevant taxing authority. All prices are subject to change without notice, but Customer will be charged with the price valid at the date of ordering. Payment has to be effected in advance at Customer’s discretion by a) secure credit card payment via a credit card authorization company chosen by AutoForm (currently PayPal); or b) through Customer’s registered account at PayPal; or c) in case of purchases of multiple report packages by wire transfer.

8. Indemnification

Customer agrees to indemnify, defend and hold AutoForm or any of its related companies, their employees, partners, principals, agents and representatives harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Order Terms, breach of any warranty under these Order Terms or any activity related to access to or use of Customer account (including negligent conduct) by Customer or any other person using Customer’s account and/or (ii) a claim by any third party that submitted Customer Information infringes such third party’s intellectual property rights.

9. Disclaimer of Warranties

ALL PRODUCTS AND SERVICES, CONTENT AND/OR MATERIALS ARE PROVIDED BY AUTOFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AUTOFORM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, RELIABILITY AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. AUTOFORM MAKES NO WARRANTY THAT THE SITES OR PRODUCTS AND SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THE SITES OR THE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AUTOFORM. OR THROUGH THE SITES OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AUTOFORM, NOR ITS RELATED COMPANIES, NOR THEIR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM CUSTOMER’S ACCESS OR USE OF AUTOFORM SITES OR PRODUCTS AND SERVICES, FROM ANY CHANGES OF THE SITES OR PRODUCTS AND SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER INFORMATION, EVEN IF AUTOFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Termination

AutoForm may, at its sole discretion, terminate or cancel Customer’s use of the Products and Services, and remove and discard any Customer Information and the Customer account at any time, without notice, for any reason, including, but not limited to conduct that violates any applicable terms or conduct that AutoForm considers harmful to AutoForm or any third party. AutoForm will not be liable for any termination of Customer access to the Products and Services. AutoForm may at its discretion and without notice change the format and content of the Sites or Products and Services or suspend or terminate the operation of the Sites or Products and Services.

12. Notices

Any questions regarding these Order Terms may be sent by writing to AutoForm Engineering GmbH, Legal Department, Fällmisstrasse 2, Postfach, CH-8832 Wilen b. Wollerau, Switzerland.

13. Applicable Law, Place of Jurisdiction

This Agreement is governed by Swiss law, place of jurisdiction is Zurich without regard to conflict of laws rules and principles and without regard to the United Nations Convention of Contracts for the International Sales of Goods.

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