- General Terms and Conditions
1. LICENSING
The Licensor grants the Licensee a non-transferable, non-assignable and non-exclusive license to use the Program Product in accordance with the terms and conditions set forth in this Agreement.
2. SCOPE OF APPLICATION, CONDITIONS AND FEE
The program product may only be used on the computer (or computer part under VM) or with the number of CPUs specified on the front page of this contract. The fees amount to the amount specified in the respective valid price list.
3. LIZENZART
The product is available on the basis of a permanent license for a one-off fee or a temporary rental license for a corresponding rental fee.
4. COPYRIGHT
The copyright to this program product, as well as its extensions and the distribution right as such, remains unaffected. The program product is made available to the licensee exclusively for his own internal use as specified in this contract. Except for archival purposes, the Licensee may not make any copies, not even of parts of the program product, without the written consent of the Licensor.
5. MAINTENANCE
The licensor will continuously improve and expand the program product and ensures that it corresponds to the technical product description upon delivery. He will provide the licensee with all product changes as part of the maintenance. In addition, the licensee will receive all requested technical advice by telephone from the licensor's representative. The use of the program product under a rental license automatically includes maintenance. The first 12 months of use under a permanent license are free of charge. Thereafter, the licensor charges an annual maintenance fee in accordance with the applicable price list. A licensee who cancels his maintenance contract can renew his participation at a later date by paying the missing maintenance fee for the corresponding period in order to receive the benefit of the product improvements made in the meantime.
6. WARRANTY AND LIABILITY
The Licensor warrants the functionality of the Program Product and agrees to defend against, or otherwise resolve in its sole discretion, any claims made against the Licensee that the use of the Program Product infringes any license or copyright. The Licensor shall not be liable for any damages or losses incurred in connection with the delivery, performance or use of the Program Product by the User, including any indirect incidental or consequential damages.
7. PAYMENT
Payment of the license and maintenance fee for the use of the program product is due immediately and without deduction upon delivery of the invoice. A right of set-off or retention is excluded. Should the legislator make the levying or adjustment of customs duties, taxes and other levies compulsory at a later date, the licensee shall be obliged to pay these levies at the request of the licensor.
8. EXTENSION
A rental license agreement is automatically extended for the same term if it is not terminated in writing 90 days before the end of the agreement. Maintenance is automatically extended for a further year if the licensee does not terminate it in writing 90 days before the start of the next maintenance year.
9. EARLY TERMINATION OF CONTRACT
If either party breaches any provision of this Agreement and fails to remedy the breach within 30 days of receipt of a written request from the other party, the latter party shall be entitled to terminate this Agreement with immediate effect by giving written notice of termination to the breaching party.
10. TERMINATION OF THE LICENSE AGREEMENT
After termination of the license agreement, for whatever reason, the licensee must return all documentation of the licensor within 30 days and assure the licensor in writing that all parts of the program product have been deleted from all system libraries and other archives.
11 MISCELLANEOUS
The transfer of rights and obligations under this agreement requires the written consent of the other contracting party. The place of performance for all legal disputes arising from this contract shall be the Licensor's registered office. The licensee grants the licensor permission to state the name of the licensee in advertising publications. Amendments to this agreement must be made in writing and signed by both parties. Should individual provisions of this agreement be invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by such provisions that most closely correspond to the economic purpose of the invalid provisions in a legally effective manner.