en:sbt
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~~NOTOC~~ | ~~NOTOC~~ | ||
- | ===== General Terms and Conditions of Business (GTC) Image Instruments GmbH ===== | + | ====== General Terms and Conditions of Business (GTC) Image Instruments GmbH ====== |
---- | ---- | ||
- | //Valid as of | + | <WRAP center box 100%> |
- | \\ | + | //Valid as of January |
+ | <WRAP group> | ||
+ | <WRAP justify half column> | ||
+ | =====1. Preamble===== | ||
+ | 1.1 The following terms and conditions apply to all contractual relationships between Image Instruments GmbH (hereinafter referred to as Licensor) and its customers (hereinafter referred to as Licensee). Licensees may be natural and legal persons with legal capacity. | ||
+ | \\ | ||
- | ===1. Preamble=== | + | 1.2 Conflicting general |
- | 1.1 The following | + | |
- | 1.2 Conflicting general terms and conditions of the Licensees are not part of the contract, unless the Licensor has expressly agreed in writing | + | 1.3 In particular, Licensor has the exploitation rights |
- | However, individual agreements | + | |
- | \\ | + | |
- | 1.3 In particular, | + | 1.4 The contracting parties agree that the software provided by the licensor is only a technical aid in accordance with its intended use and medical purpose |
- | 1.4 The Parties agree that the Software | + | 1.5 If the software |
- | + | ||
- | 1.5 If the Software provided | + | |
- | ===2. Subject of the contract === | + | =====2. Subject of the contract |
- | 2.1 Subject | + | 2.1 The subject matter |
- | 2.2 Subject | + | 2.2 The object |
- | 2.3 Only if explicitly agreed in a separate | + | 2.3 In addition, services such as software development, |
- | 2.4 In addition, if additionally agreed between | + | 2.4 Instruction, technical instructions and the special |
- | ===3. Obligations of the Licensor === | + | =====3. Obligations of the Licensor |
- | 3.1 The Licensor | + | 3.1 The Licensor |
- | 3.2 The functionality | + | 3.2 The functional scope of the software results from the program descriptions provided by the licensor.\\ |
- | 3.3 The Licensor | + | 3.3 The Licensor |
- | 3.4 The Licensor | + | 3.4 By purchasing the license, the licensor |
- | ===4. Warranty === | + | =====4. Warranty |
- | 4.1 The Licensor warrants that the Software has the features set forth in the Program Descriptions | + | 4.1 The Licensor warrants |
- | 4.2 The Licensees | + | 4.2 The Licensee |
- | 4.3 However, the parties are aware that it is fundamentally | + | 4.3 The parties are also aware that it is generally |
- | 4.4 The warranty period | + | 4.4 The statutory |
- | ===5. Obligations of the Licensees | + | =====5. Obligations of the Licensee ===== |
- | 5.1 The Licensees will designate | + | 5.1 In the event of technical questions, the Licensee shall appoint a qualified employee or service provider |
- | 5.2 The reproduction | + | 5.2 The migration |
- | 5.3 Licensees | + | 5.3 The licensee |
- | 5.4 Full or partial retranslation of the Software | + | 5.4 A complete |
- | ===6. Fees === | + | =====6. Fees ===== |
- | 6.1 The fee for the right to use the Software products | + | 6.1 The remuneration |
- | 6.2 The remuneration | + | 6.2 Unless otherwise agreed in writing between the contracting parties, payment |
- | 6.3 The remuneration | + | 6.3 Remuneration |
- | 6.4 The compensation | + | 6.4 The fees pursuant to Sections 6.1 and 6.2 shall apply for at least 12 months from the date of purchase, irrespective of the extent of use. A refund |
+ | </ | ||
+ | <WRAP justify half column> | ||
+ | If the increased | ||
- | 6.5 The remuneration according to para. 6.1 and 6.2 are valid for at least 12 months from activation. Increases must be notified | + | 6.5 All fees and prices |
- | 6.6 The above-mentioned fees are in each case plus the statutory value added tax in the amount applicable to the Licensees. Within the EU, the so-called MOSS procedure is applied.\\ | + | 6.6 Invoicing for all services provided by the Licensor to the Licensee under this Agreement shall be made exclusively electronically in a file format permitted |
- | + | ||
- | ===7. Execution and duration of the support contract === | + | |
- | 7.1. The Licensor | + | |
- | 7.2. The term of a support contract is at least 24 months and begins with the agreed start of the contract. The contract can be terminated | + | =====7. Liability, Insurance ===== |
+ | 7.1 The Licensor only guarantees the recoverability | ||
- | 7.3. The right of extraordinary termination for cause remains unaffected. An important reason for a termination by the Licensor | + | 7.2 In his own interest, licensee |
- | * the Licensees is in default | + | 7.3 The Licensor expressly points out that the Licensor' |
- | * the opening | + | Non-activated trial versions or software licenses that are not productively activated for test, training or educational purposes serve only to familiarize |
- | * • the Licensees otherwise seriously violates his contractual obligations. | + | No liability or guarantee |
- | + | ||
- | ===8. Liability, Insurance === | + | |
- | 8.1 For the recoverability | + | |
- | + | ||
- | 8.2 The Licensees | + | |
- | 8.3 The Licensor | + | 7.4 The Licensor |
- | Unregistered | + | <WRAP leftalign> |
- | A liability or guarantee for the accuracy and completeness of the delivered calculated results of analyzes and evaluations will not be accepted. | + | 7.5 In particular, Licensor shall not be liable:\\ |
- | 8.4 The Licensor is fully liable | + | * for expenses arising |
+ | * for expenses arising from necessary software adaptations in connection with updates/ | ||
+ | * for expenses arising from necessary adaptations/ | ||
+ | * for expenses incurred | ||
+ | * for expenses incurred by the licensee in connection with the restoration | ||
- | 8.5 Furthermore, the Licensor | + | =====8. Infringements of property rights, termination of contract ===== |
+ | </ | ||
+ | 8.1 In the event of infringements of third-party property rights by the functions implemented in the software, the licensor may make changes which, while safeguarding the interests of the licensee, ensure that there is no longer an infringement of property rights or acquire the rights of use required | ||
- | * expenses related to any necessary updates, modification | + | 8.2 Upon termination |
- | * the operability | + | |
- | * expenses incurred by Licensees following power outages or hardware failure. | + | |
- | ===9. Property right infringements | + | =====9. Protection of the licensed material ===== |
- | 9.1 In the case of infringement of property rights of third parties, | + | 9.1 The licensee undertakes to retain unchanged |
- | 9.2 Upon termination of the contract, the Licensees is obliged to return all data carriers and user documentation provided to him in fulfillment of the contract if the parties have not agreed on a permanent assignment. In addition, the Licensees undertakes in the case of termination of the contract to completely delete the Licensed Software, as far as this was agreed upon conclusion of the contract. \\ | + | 9.2 The licensee |
- | + | ||
- | ===10. Protection of the licensed material === | + | |
- | 10.1 The Licensees | + | |
- | + | ||
- | 10.2 The Licensees undertakes to keep the Software secure in such a way that copying of the program by unauthorized third parties is excluded | + | |
- | 10.3. The Licensees | + | 9.3. The licensee |
- | 10.4. The Licensees is responsible for the complete destruction of Licensor Software stored in it prior to the destruction, sale or otherwise | + | 9.4. The licensee undertakes |
- | ===11. Modifications | + | =====10. Amendments |
- | 11.1 Changes | + | 10.1 Amendments |
- | 11.2 If individual provisions are legally | + | 10.2 If individual provisions are legally |
- | ===12. Jurisdiction | + | <WRAP leftalign> |
- | 12.1 The exclusive place of jurisdiction for disputes arising from the performance of this contract and the place of fulfillment | + | =====11. Place of jurisdiction |
+ | </ | ||
+ | 11.1 The exclusive place of jurisdiction for disputes arising from the performance of this contract and the place of performance | ||
- | 12.2 It is only the law of the Federal Republic of Germany. | + | 11.2 The law of the Federal Republic of Germany |
- | ===13. Data Protection === | + | =====12. Data Protection |
- | 13.1. The parties are aware that the information collected by the Licensees | + | 12.1. The parties are aware that the information collected by the Licensee |
- | 13.2 When transferring the data of the Licensees | + | 12.2 When transferring the licensee' |
- | + | ||
- | 13.3 In the case of Licensor' | + | |
- | + | ||
- | If, in the exceptional case of support measures in exceptional cases, the Licensees nevertheless gains access to personal data, this does not constitute a contractual relationship between the Licensees and the Licensor in terms of order data processing, as there is neither an offer from the Licensor nor a commission from the Licensees. Rather, in such an exceptional case, the regulations of the data protection confidentiality agreement provided by the Licensor apply.\\ | + | |
+ | 12.3 In the case of support measures commissioned by the licensee from the licensor - particularly in connection with software maintenance, | ||
+ | If the licensee nevertheless gains access to personal data as part of support measures in exceptional situations in individual cases, this does not constitute a contractual relationship between the licensee and licensor in the sense of commissioned data processing, as there is neither an offer from the licensor nor an assignment by the licen-see. Rather, in such an exceptional case, the provisions of the data protection confidentiality agreement provided by the licensor apply.\\ | ||
+ | </ | ||
+ | </ | ||
en/sbt.1588441591.txt.gz · Last modified: 2020/05/02 19:46 by onyxadmin