Last updated: May 2026

Note: These Terms and Conditions are governed by the laws of the Federal Republic of Germany. In case of discrepancies between the German and the English version, the German version shall prevail.

§ 1 Scope, Provider, Contracting Parties

(1) These Terms and Conditions (hereinafter "Terms") apply to all contracts between

Eric Berger, trading as "Gorilla Software Eric Berger", Dresden, Germany (hereinafter "Provider")

and its customers (hereinafter "Licensee" or "Customer") concerning the purchase and use of the Gorilla3D Framework software (component libraries for Embarcadero Delphi and C++ Builder, hereinafter the "Software").

(2) For the purposes of these Terms, "Consumer" means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 of the German Civil Code, BGB). "Entrepreneur" means a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession (§ 14 BGB).

(3) Any deviating, conflicting or supplementary terms of the Licensee shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity in writing.

§ 2 Conclusion of Contract, Contract Language, Contract Text

(1) The presentation of the Software in the online shop does not constitute a binding offer by the Provider but rather an invitation to the Customer to submit an offer.

(2) By clicking the order button, the Customer submits a binding offer to conclude a purchase contract. The contract is concluded upon receipt by the Customer of the Provider's order confirmation by email, but no later than upon delivery of the license key.

(3) Before submitting the binding order, the Customer can correct their entries using the usual keyboard and mouse functions as well as the browser's correction features.

(4) Contract languages are German and English. In the event of discrepancies between the German and the English version of these Terms, the German version shall prevail, insofar as German law applies to the contract.

(5) The Provider does not store the contract text permanently. However, the Provider will send the order data and these Terms to the Customer by email together with the order confirmation. The Customer is requested to retain these documents.

§ 3 Description of Services

(1) Packages: The Provider offers the Software in various packages. The specific scope of delivery (included modules, libraries, documentation, demos) is set out in the respective product description during the order process.

(2) Standard scope: The standard scope of a license includes compiled libraries (DCU, BPL and header files) as well as the associated documentation and demo projects.

(3) Source code option: For an additional fee, the Licensee may purchase the Software including its source code. The additional restrictions in § 4 para. 5 of these Terms apply to the source code option.

(4) Update Subscription: The Licensee may optionally purchase an update subscription. Details are governed by § 9.

(5) Support: Within the scope of an active update subscription, the Licensee is entitled to three (3) individual support cases. Details are also governed by § 9.

§ 4 Rights of Use and Restrictions

(1) Grant of license: Upon full payment, the Licensee is granted a non-exclusive, non-transferable, worldwide and perpetual right to use the purchased Software in accordance with these Terms.

(2) License unit: A license is granted to a single Licensee (individual or company). The Software may be used by employees of the Licensee in the course of their work for the Licensee. Use by subcontractors, freelancers, external service providers or other third parties is not permitted without the prior written consent of the Provider.

(3) Distribution of end products: The Licensee is entitled to distribute applications developed using the Software in compiled form (executable files, e.g. EXE) to their end customers. The libraries are integrated via the IDE (e.g. by static linking or by use of compiled packages) solely for the purpose of compiling the Licensee's own applications.

(4) General restrictions: Without the prior written consent of the Provider, the following is in particular not permitted:

• Distribution, resale, rental, leasing or sublicensing of the Software (including the BPL files) as a standalone library, component collection, SDK or as part of a comparable development tool.
• Distribution to third parties of source code, header files, make files or DCU/BPL files of the Software as such.
• Removing or altering copyright, trademark or other proprietary notices in the Software or the documentation.
• Reverse engineering, decompilation or disassembly of the object code of the Software, except where mandatorily permitted by law (§ 69e of the German Copyright Act, UrhG).
• Use exceeding the number of licenses purchased.
• Use of the Software to create a product that competes with the Software.

(5) Additional restrictions for the source code option: If the Licensee has purchased the source code option, the following additionally applies:

• The source code may be used solely internally by the Licensee for the development of the Licensee's own applications.
• Distribution, publication, sale or any other disclosure of the source code – in whole or in part, in original or modified form – to third parties is prohibited.
• Presenting parts of the Software's code as one's own creation (e.g. under the Licensee's own name, in publications, on code-hosting platforms or in third-party libraries) is prohibited.
• Publication of derivative works (e.g. forks) is not permitted.

(6) Backup copies: The right to make necessary backup copies pursuant to § 69d para. 2 UrhG remains unaffected.

(7) Ownership: The Software remains the intellectual property of the Provider at all times. The Licensee acquires only the rights of use expressly granted in this § 4.

§ 5 Prices, Payment, Delivery

(1) The prices shown in the shop at the time of the order shall apply. As a small business under § 19 of the German Value Added Tax Act (UStG), the Provider does not charge VAT and does not show VAT on invoices.

(2) Payment shall be made in advance. The following payment methods are available:

• PayPal
• Bank transfer (SEPA)

(3) In the case of payment by bank transfer, the invoice amount must be transferred to the account specified in the invoice within 14 days of issuance. Delivery shall take place only after full receipt of payment.

(4) The Software is delivered electronically by sending a download link and the license key by email to the email address provided by the Licensee. Delivery on a physical data carrier does not take place.

(5) The Licensee is obliged to provide a correct and reachable email address. If delivery cannot be made due to an incorrect email address, this shall be at the expense of the Licensee.

§ 6 Right of Withdrawal for Consumers

(1) Consumers have a statutory right of withdrawal. Details are set out in our Withdrawal Policy.

(2) The right of withdrawal expires in the case of a contract for the supply of digital content not delivered on a tangible medium if the Provider has begun performance of the contract after the Consumer (i) has expressly consented to the Provider beginning performance of the contract before the end of the withdrawal period, and (ii) has acknowledged that by giving such consent they lose their right of withdrawal upon commencement of performance of the contract (§ 356 para. 5 BGB).

§ 7 Warranty, Update Obligation

(1) Consumers: The statutory warranty provisions apply to Consumers. As the Software is provided as a digital product, §§ 327 et seq. BGB apply in particular. The Provider is in particular obliged to provide updates that are necessary to maintain the conformity of the Software (§ 327f BGB) for the period that the Consumer can reasonably expect based on the nature and purpose of the Software.

(2) Entrepreneurs: Towards Entrepreneurs, claims for defects shall become time-barred one (1) year after delivery of the Software. The statutory duty to inspect and notify under § 377 of the German Commercial Code (HGB) remains unaffected for merchants.

(3) Claims unaffected: The shortened limitation period under para. 2 does not apply to claims arising from intent or gross negligence, from injury to life, body or health, from fraudulently concealed defects, from the assumption of a guarantee, or to claims under the German Product Liability Act.

§ 8 Liability

(1) The Provider is liable to the Licensee for damages and reimbursement of expenses under any contractual, quasi-contractual or statutory (including tortious) claim as follows:

• In the event of intent and gross negligence, the Provider is liable without limitation.
• In the event of simple negligence, the Provider is liable – subject to statutory limitations of liability – only in the case of a breach of essential contractual obligations (cardinal obligations). Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Licensee may regularly rely. In such cases, liability is limited to the foreseeable damage typical for the contract.
• In all other cases of simple negligence, the Provider's liability is excluded.

(2) Liability for damages arising from injury to life, body or health, from a fraudulently concealed defect, from the assumption of a guarantee, as well as liability under the German Product Liability Act and under § 327i BGB remain unaffected.

(3) Insofar as the Provider's liability is excluded or limited under the foregoing provisions, this shall also apply to the personal liability of the Provider's employees, representatives and vicarious agents.

§ 9 Update Subscription and Support

(1) Term: The update subscription has a term of twelve (12) months. The term begins on the day on which the license key is delivered to the Licensee by email.

(2) Scope: During the term of the subscription, the Licensee receives all updates (patches, minor and major releases) of the purchased Software that the Provider makes generally available within the subscription period. Updates are provided via the customer area or by email.

(3) Support cases: During the term of the subscription, the Licensee is entitled to three (3) individual support cases. A support case covers the handling, by email, of a specific technical inquiry by the Licensee regarding the purchased Software. Any support cases not used shall expire without compensation upon expiry of the subscription and are not refundable.

(4) No automatic renewal: The update subscription does not renew automatically. It ends automatically at the end of the twelve-month term.

(5) Renewal: A renewal for a further twelve months in each case is possible on the basis of an individual offer made by the Provider. The Licensee has no claim to receive a renewal offer, and the Provider has no obligation to accept such an offer.

(6) Consequences of subscription expiry: Upon expiry of the subscription, the entitlement to further updates and to the use of support cases ceases. The perpetual right of use of the version of the Software made available at the time of subscription expiry remains unaffected.

(7) Statutory update obligation towards Consumers: The statutory update obligation under § 327f BGB towards Consumers described in § 7 para. 1 is not affected by the existence or non-existence of a subscription.

§ 10 Contract Duration and Termination

(1) The right of use granted under § 4 is perpetual.

(2) The right to extraordinary termination for cause remains reserved to both contracting parties. Cause for extraordinary termination by the Provider exists in particular if the Licensee seriously or repeatedly violates the usage restrictions under § 4 and the violation is not remedied despite a written warning by the Provider with a 30-day cure period, unless a warning is dispensable.

(3) In the event of effective extraordinary termination by the Provider, the Licensee is obliged to delete or destroy all copies of the Software (including any source code copies) and to confirm this to the Provider in writing upon request.

§ 11 Copyright Notices

The Licensee is obliged, in their own applications that contain components of the Software and that are distributed to third parties, to include an appropriate copyright notice in favour of the Provider, to the extent customary in the industry (e.g. in the "About" dialog or in the documentation).

§ 12 Data Protection

Information on the processing of the Licensee's personal data in connection with the conclusion and performance of the contract can be found in our Privacy Policy.

§ 13 Consumer Dispute Resolution

The Provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 14 Applicable Law and Place of Jurisdiction

(1) The contractual relationship between the Provider and the Licensee is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Towards Consumers, this choice of law applies only insofar as the Consumer is not deprived of the protection granted by mandatory provisions of the law of the state in which the Consumer has their habitual residence (Art. 6 para. 2 Rome I Regulation).

(3) If the Licensee is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Dresden, Germany. Otherwise, the statutory rules on jurisdiction apply.

§ 15 Final Provisions

(1) Amendments and supplements to this contract require text form. This also applies to any amendment of this text-form clause itself.

(2) Should any provision of these Terms be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The relevant statutory provisions shall apply in place of the invalid or unenforceable provision.