Terms of use for the use of RAMONA
(RAM online system analysis)
The software for the "RAM online analysis" hereinafter referred to as "RAMONA" is provided to you by PHS-electronic gmbh, hereinafter called: "PHS" is made available to you. The software is intended to enable you to quickly and easily find the appropriate memory for your EDP system, even if you do not know the model designation of your device or are unsure whether the RAM found via other search methods fits your system. RAMONA is programmed in such a way that it cannot damage your system or change your system configuration. During all analysis operations, RAMONA only accesses the BIOS information of your device in read-only mode.
If you download and use the software, you agree to the following terms of use:
1.) Scope of the granting of rights
a) Permission to use the RAMONA software is granted by PHS exclusively in connection with the search for compatible RAM on the website www.phs-memory.com, which is also operated by PHS.
b) You may only use the RAMONA software as intended, i.e. for the purpose of determining the device configuration of your system and transmitting it to PHS. For this purpose, PHS grants you a non-exclusive right to use the RAMONA software, which may be revoked at any time, without incurring any costs other than the transmission costs according to the base rates. You are not entitled to use the RAMONA software commercially. All rights relating to the RAMONA software are held by PHS.
c) Since these Terms of Use are subject to change, the version of the Terms of Use valid prior to the use of the software shall apply, which you can view and access at www.phs-memory.com in each case. A right of use granted once under the above terms and conditions shall be deemed revoked by PHS if the terms and conditions of use have changed for the next software use. In this case, by using the software you declare your consent to the amended terms of use.
2) Guarantee and liability
a) PHS does not guarantee that a suitable RAM will be found for all devices on the market or that the system analysis will always run smoothly. Nor can PHS guarantee that RAMONA will be available at all times.
b) However, the statutory warranty is limited to the amount of damage foreseeable and typical for the contract at the time of conclusion of the contract. PHS shall also not be liable for damage caused by the lack of a usable data backup or a failure to check data. Liability for loss of data shall be limited to the typical recovery expenditure which would have occurred if backup copies had been made regularly and in accordance with the risk.
3) Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the conflict of laws and the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law clause does not apply to consumers if they have their habitual place of residence in a country other than that of the delivery area of PHS and are subject to different mandatory consumer protection regulations there.
4) Jurisdiction
The place of jurisdiction is the registered office of PHS, provided that the Customer is a fully qualified merchant, a legal entity under public law, a public special fund or has no place of jurisdiction in Germany.
Insofar as the Customer is a consumer under the law of the Federal State of Austria, his place of residence shall be the place of jurisdiction. The customer has the choice between the law of the Federal Republic of Germany or the law of the Federal State of Austria.
Insofar as the customer is a consumer of the Swiss Confederation, he has the choice with regard to the place of jurisdiction. Otherwise, the law of the Swiss Confederation shall apply.
For nationals of other states, their mandatory consumer protection regulations apply to the place of jurisdiction and the choice of law in the relationship between PHS and consumers, insofar as they do not take precedence over EU regulations or other supranational regulations.