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Conditions of Use
General terms and conditions

1. Scope
The following general terms and conditions apply exclusive and until the announcement of new general terms and conditions. Alternativ general terms and conditions on the part of any customer will not be part of the agreement also without formally objection of SHAREWORK.

2. Services of SHAREWORK
SHAREWORK sells software licenses and/or software to professionel and private customers. SHAREWORK provides services of different kinds as a bank service provider. Also the SHAREWORK internet offering is liable to the general terms and conditions. Not included are shop syndication solutions which are allocated in the internet for a third party.

3. Term of contract and cancelation of software licenses
The license contracts accomplish with purchase of a software license or cross signing. With the contract respectivly software the customer gains the authorization from SHAREWORK to use the license not exclusive but in coverage of a separate individual arrangement. However at the earliest of the first in the month following the signing of the contract. If SHAREWORK accords licenses earlier so the legislation relations between the contract partners defines about the general terms and conditions.
SHAREWORK offers the customer licensing with a contract period of one year in each case starting with the first of the month which follows the signingof the contract.
The letter of cancelation has to be reiceved by counterparty before the start of the cancelation period. The right to cancel extraordinary stays intact.
After receipt of written confirmation customers have the right to cancel the contract within 30 days extraordinary and with immediate effect. Through this customers get the possibility to test the software license. If customers do not declare towards SHAREWORK the extraordinary cancelation within the time limit the contract duration is basically 12 month with in each case annual automatically extension.

4. Pricing, changes in prices and invoice conditions
The customer commit himself to prepay in due time for the attendance and the allocated software / software license for example the arranged license charge for three month respectivly six month.
SHAREWOK is entitled to raise the prising everytime with three month written advanced notice. If the customer does not agree it is possible to cancel the service extraordinary with a certified mail which has to arrive at the latest two month before the intended increase of prizes. If the customer price index of the Federal Statistical Office go up for employee households with middle income in relation to the basic year 2001 more then 10 points compared to the estate during inception of treaty or the last increase in price so SHAREWORK changes prizes percentage accordant. Such a alteration in prices doesn’t allows an advance termination of the contract.
All accounts has to be payed within seven days from date of invoice without discount of the customer. If customer comes into delay SHAREWORK legitimated to bill interest for delay to toe a interest loan of 4 four per cent over current bank rate of the Deutsche Bundesbank. If SHAREWORK proves a higher damage caused by delay so SHAREWORK is enabled to assert this.
Accumulate rights for the customer are only included if claims against SHAREWOK are legally binding or beyond controversy. Deductions as a result of other reasons are not allowed. All fixed prices in this agreement are quoted exclusive added value tax and other taxes which may be levied on it.

5. Abnormal contract termination
SHAREWORK can cancel the service without notice anytime if the customer offend against the general terms and conditions respectively the contract particularly if the customer is behind schedule with payment of the accounts and if the breach of agreement is remediable, SHAREWORK communicated this to the customer and the facts of the case are not eliminated within seven days.
If SHAREWORK as a result of expiring contracts with third parties which could no be renewed is not able to pass certain software or software license SHAREWORK is allowed to cancel the contract or parts of the contract without discount concerning the relevant software license which could not be delivered anymore. The customer can not deduce rights or claim for damages herefrom. At a reduce in parts of the attendance the rest of the contract stays intact. In this case SHAREWORK is beholden to compensate the already paid benefit pro rata temporis and accordant to the amount of the reduced license contract.

6. Responsibilities of the customer
The customer is responsible for the access to the software respectively software license and the dedication anytime.
For customers it is explicit prohibited to give parts or the software or software license to third parties. The customer commit himself to use the software or software license only for himself. All software which is offered by SHAREWORK is excluded from replacement particularly after opening the sealing.
The customer commit himself to use the software / software license only according to agreement particular not to clone it. Additional apply the appointments of §§ 69 a ff german copyright act.

7. Liability limitations
SHAREWORK declines all liabilities and responsibility for detriments, losings, charges, expenses or commitments any kind (including indirect detriments or consequential damage) which arise as a result or in coherence with the generate attendance respectively the allocated software or software license. In particular the commitment for detriments because of errors, lags, failure or inaccuracies of the delivered software / software license.
Protuberance restriction of liability is not essential as far as the cause of damage is intended or grossly negligent as well as warranted characteristics are missing. If a basic liability of the agreement is careless injured so the adhesion of SHAREWORK is defined on the foreseeable typical agreement.
The size of a claim for damages opposite to SHAREWORK is in every case subjected stringent to legal rules and regulations and not higher than 25.564, 60 Euro.

8. Force Majeure
Both parties reserved to themselves the default respectively defective completion of their terms of contract as a result of events which they do not have to represent and which they did not knew while acting in good faith when the contract was signed.
If such an incidence arrives the affected party is engaged to brief the counterparty about the incident and the relevance for the fulfilment of the contract directly.
If the impossibility to accomplish the contract takes more than two month both parties have the right to exit the contract without compensation and directly.

9. Other appointments
The abandonment of outstanding bills from the license contract to third parties requires the written acceptance of SHAREWORK. SHAREWORK is always legitimated to assigned rights and responsibilities of the license contract to third parties.
Modifications of the license contract and its affixes as well as all declarations in coherence with this conditions and modifications of all contracts between Sharework and its contract partner in general must be done in written form. Written form means fax or letter. Should several appointments of this conditions all or in part be effectless or will be effectless, or should be a desideratum inside so the activity of the other appointments is not be touched. Both parties commit to create a resolution for an effectless appointment or to fill the desideratum which comes contently near to the volitional aim of the effectless appointment or accounts what the parties would arrange if they had considered the absentee point. Only german rights are adaptive on this agreement.
AS COURT OF JURISDICTION THE PARTIES ARRANGE EXPLICIT HAMBURG.