_TERMS_OF_USE

Terms of Use & Legal Notes for “paymentSDK-php”

The SDK “paymentSDK-php” (in the following “the SDK”) is licensed by Wirecard AG, Einsteinring 35, 85609 Aschheim, Germany (in the following “Wirecard”) free of charge under the MIT License and the present Terms of Use & Legal Notes.
The SDK is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. Please see the MIT License for more details.
You should have received a copy of the MIT License along with the SDK (the program).  If not, see https://opensource.org/licenses/MIT.
The SDK is explicitly not part of the Wirecard range of products and/or services and is provided independent from any potential contractual relationship between you and Wirecard for the provision of products or services.
Any use of the SDK is at your own risk. The SDK has been tested for full functionality in the standard configuration. This does not imply any statement or undertaking regarding the SDK’s merchantability or fitness for a particular purpose, regarding a particular functionality or an error-free use. Accordingly, Wirecard does not assume any warranty for the SDK eventually compromising or negatively affecting the functionality or operability of your shop system. Notwithstanding Wirecard’s liability for defects fraudulently concealed, these free of charge SDK is therefore provided without any warranty regarding defects of title and/or defects as to quality.
The SDK has been developed to support direct integrations. Therefore, it is the foundation of implementing payment methods, but cannot be installed in shop-systems and/or installed in extensions of other vendors within the same shop system. If using the SDK it is your responsibility to test the implemented functionalities to prevent interference with the functionality of enhanced and/or customized shop systems/ shop system configurations or third party shop systems and plug-in or vice versa.
In any case testing the SDK functionality before starting productive operation is necessary.
Disconnecting the SDK may result in the loss of data so that corresponding data back-up procedures should be put in place.
Wirecard shall be liable for damages according to the statutory provisions for bodily injury (“Personenschäden”) and for damages according to the German Product Liability Act (“Produkthaftungsgesetz”).
For any other damage Wirecard shall be liable in accordance with the following provisions. Wirecard shall be liable in accordance with the statutory provisions for damage caused by fraudulent conduct, as well as for damage caused by willful misconduct or gross negligence of Wirecard or of Wirecard’s statutory representatives or executive staff and, in case of such damage caused willfully or through gross negligence by Wirecard’s simple vicarious agents (“einfache Erfüllungsgehilfen”), Wirecard’s liability for damage shall be limited to the amount which corresponds to the foreseeable damage that is typical of the contract.  Wirecard’s liability for damage caused by simple negligence shall be excluded.