General Terms of Business
Section 1
Softwarenetz
Softwarenetz develops and distributes various software products – especially for office
organisation – to business enterprises, self-employed people and private individuals.
Section 2
Validity of the terms of business
| (1) |
Unless otherwise agreed, these General Terms of Business shall be exclusively
applicable. Other contractual terms shall not become a component of the contract, even if
Softwarenetz has not raised express objection to such terms.
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| (2) |
Unless otherwise agreed, the General Terms of Business in the version which can be
called at the time of the conclusion of the contract at www.softwarenetz.de shall be
applicable. |
Section 3
Subject-matter of the contract
| (1) |
Softwarenetz shall put the software product at the customer’s disposal for permanent use
against a one-off payment. This is standardised software which is not adapted to individual
requirements. Softwarenetz shall make the ordered product available by granting a licence
number. This licence number shall be sent by e-mail. On special request, the ordered
software shall be sent on a data carrier at a surcharge.
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| (2) |
Before the conclusion of the contract, the customer has checked in so far as he/she is
able whether the ordered software meets his/her wishes, expectations and requirements.
He/she has especially satisfied himself/herself on the basis of the product information on the
internet site that the ordered software can be employed on the operating program used by
him/her.
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| (3) |
Softwarenetz shall render all performance in accordance with the state of the art. |
Section 4
Data protection
SSoftwarenetz takes the protection of the customer’s personal data seriously. Softwarenetz
heeds all relevant provisions of the data protection acts. Personal data is only collected to
the extent which is technically necessary. The collected data shall not be sold or forwarded
to third parties.
Section 5
Provision
After the receipt of payment, the customer shall receive the licence number and, if a data
carrier is ordered, the data carrier.
Section 6
Rights of the customer to the software
| (1) |
The customer acquires the software to use it on a permanent basis himself/herself or in
his/her business enterprise. The owner of the rights to the software shall remain
Softwarenetz. All data processing appliances onto which the programs are copied in whole
or in part, on a temporary or permanent basis, must be in premises or in the possession of
the customer. Softwarenetz grants the customer the authorisations which are necessary for
the intended use. Softwarenetz also grants the right to copy the ordered programs onto main
memories and hard disks. The customer may make back-up copies.
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| (2) |
If the software is acquired for commercial use, one licence merely permits it to be used
on one workstation. If the software is to be installed and used on several workstations, then
a corresponding number of licences must be acquired.
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| (3) |
The licence number may not be forwarded, sold or published.
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Section 7
Material defects
The software has the agreed characteristics. It is suitable for the contractually presupposed
use, otherwise for customary use. It has the usual quality of software of this type. An
impairment to the functioning of the software which results from hardware defects, ambient
conditions, wrong operation or similar shall not constitute a defect. An insignificant reduction
in quality shall not be grounds for complaint. The customer is aware that software is never
completely error-free.
Section 8
Data back-up
The customer is himself/herself responsible for the regular back-up of his/her data.
Section 9
Liability/warranty
| (1) |
Softwarenetz shall be unrestrictedly liable towards the customer if the customer asserts
claims for damages which are based on intent or gross negligence, including intent and
gross negligence on the part of the legal representatives and vicarious agents of
Softwarenetz.
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| (2) |
In the case of slight negligence, Softwarenetz shall be unrestrictedly liable in the event of
death, physical injury or damage to health.
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| (3) |
Softwarenetz shall in other respects only be liable if Softwarenetz has infringed a
fundamental contractual obligation (cardinal obligation). In these cases, liability shall be
restricted to the reparation of the foreseeable, typically occurring loss.
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| (4) |
Claims shall become statute-barred within one year after the surrender of the software,
unless Softwarenetz has fraudulently concealed a defect or has caused the defect by way of
intent or gross negligence.
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| (5) |
The customer is not entitled to any warranty claims if he/she has altered the software
himself/herself, unless this alteration was not the cause of the defect. In this respect, we
refer once again to the obligation incumbent on the customer to make regular data back-ups.
Softwarenetz shall assume no liability if a loss occurs due to a loss of data which would not
have happened if customary data back-ups had been made.
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| (6) |
Liability according to the German Product Liability Act shall remain unaffected.
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Section 10
Applicable law
The parties are in agreement that this contract shall be governed by and construed
according to German law.
Section 11
Agreement on the place of jurisdiction
Frankfurt am Main is to be the place of jurisdiction for all disputes arising from the
contractual relationship between the customer and Softwarenetz if the customer is a
merchant, a legal person under public law or a special fund under public law. Softwarenetz
reserves the right to raise an action against the customer at the customer’s valid general
place of jurisdiction.
Section 12
Amendments
Amendments and supplements to the contract must be made in writing to be effective. This
shall also apply to the amendment of this requirement of the written form. The requirement of
the written form is also satisfied by a transmission in text form, especially by fax or e-mail.
Section 13
Severability clause
| (1) |
If individual provisions of these General Terms of Business are or become ineffective in
whole or in part, then this shall not affect the validity of the remaining provisions.
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| (2) |
The parties undertake to replace ineffective or null and void clauses by legally effective
provisions which are closest to the commercially intended purpose. The same shall apply if
this contract should contain a gap which requires supplementation.
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