General terms and conditions
1. LICENSE DISTRIBUTION
The licensor grants 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 FEES
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 side of this contract. The fees amount to the amount stated in the currently valid price list.
3. LICENSE TYPE
The product is available on the basis of a permanent license for a one-time fee or a temporary rental license against the corresponding rental fee.
The copyright on this program product, as well as its extensions and the distribution right as such, remain unaffected. The program product shall be left to the Licensee solely for its own internal use specified in this Agreement. It may not create copies, even for parts of the program product, except for archival purposes without the written consent of the licensor.
The licensor will continually improve and expand the program product and ensure that it meets the technical product description upon delivery. He will provide the licensee with all product changes within the scope of maintenance. In addition, Licensee will receive all technical advice requested by telephone from the licensor's representative. The use of the program product under rental license automatically includes maintenance. For use under permanent license, the first 12 months are free of charge. Thereafter, the Licensor shall charge an annual maintenance fee according to the applicable price list. A licensee who terminates his maintenance contract may renew his attendance at a later date, subject to the payment of the missing maintenance fee for the relevant period, in order to gain the benefit of the interim product improvements.
6. WARRANTY AND LIABILITY
The licensor warrants the functionality of the program product and undertakes to counteract any complaint or otherwise dispose of it at the discretion of the licensee that the use of the program product violates any license or copyright claims. The Licensor shall not be liable for any damages or losses incurred by the User in connection with the delivery, performance or application of the Program Product, including any indirect or consequential damages.
The payment of the license and maintenance fee for the use of the program product is due immediately upon delivery of the invoice without deduction. A right of set-off or retention is excluded. If the legislature subsequently makes the levying or adjustment of customs duties, taxes and other charges compulsory, then the licensee is obliged to pay these duties at the request of the licensor.
A rental license agreement is automatically extended by the same term, if this is not canceled 90 days before the contract is terminated in writing. Maintenance is automatically extended for another year, if the licensee does not cancel it 90 days in advance of the next maintenance year.
9. PREVIOUS AGREEMENT
If one of the parties violates a provision of this agreement and does not remedy the breach of the contract within 30 days after receipt of a written request from the other party, the latter party is entitled to terminate this contract by written notice against the breach of contract with immediate effect.
10. TERMINATION OF THE LICENSE AGREEMENT
Upon termination of the License Agreement, for whatever reason, the Licensee shall return all documentation of the Licensor within 30 days and shall assure the Licensor in writing that all parts of the Program Product have been deleted in all System Libraries and other archives.
The transfer of the rights and obligations from this contract shall require the written consent of the other contracting party. The place of performance for all disputes arising from this contract shall be the registered office of the licensor. The licensee grants the licensor the right to specify the name of the licensee in advertising publications. Amendments to this contract must be in writing and signed by both parties. Should individual provisions of this contract be invalid, the validity of the remaining provisions shall remain unaffected. Invalid provisions shall be replaced by those which are the most economically most appropriate for the purpose of the invalid provisions.