en:sbt
Differences
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<WRAP center box 100%> | <WRAP center box 100%> | ||
- | //Valid as of | + | //Valid as of January |
<WRAP group> | <WRAP group> | ||
<WRAP justify half column> | <WRAP justify half column> | ||
=====1. Preamble===== | =====1. Preamble===== | ||
- | 1.1 The following terms and conditions apply to all contractual relationships between Image Instruments GmbH (hereinafter | + | 1.1 The following terms and conditions apply to all contractual relationships between Image Instruments GmbH (hereinafter |
+ | \\ | ||
- | 1.2 Conflicting general terms and conditions of the Licensees are not part of the contract, unless the Licensor | + | 1.2 Conflicting general terms and conditions of the licensee shall not become |
- | However, individual agreements | + | |
- | \\ | + | |
- | 1.3 In particular, | + | 1.3 In particular, Licensor has the exploitation rights to the OnyxCeph³™ computer programs, including optional modules and associated |
- | 1.4 The Parties | + | 1.4 The contracting parties |
- | 1.5 If the Software | + | 1.5 If the software |
=====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 of special services such as installations, | + | |
- | + | ||
- | 6.5 The remuneration | + | |
- | + | ||
- | 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.\\ | + | |
+ | 6.4 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 of the fees in the event of non-use is excluded. An increase in the annual fees pursuant to Sections 6.1 and 6.2 shall only take effect if the licensee is notified at least three months before it comes into effect. \\ | ||
</ | </ | ||
- | < | + | < |
- | =====7. Execution and duration of the support contract ===== | + | If the increased fee is not accepted by the Licensee, this shall entitle |
- | <WRAP justify> | + | |
- | 7.1. The Licensor | + | |
- | 7.2. The term of a support contract is at least 24 months | + | 6.5 All fees and prices are subject to VAT at the rate applicable to the billing address specified |
- | 7.3. The right of extraordinary termination | + | 6.6 Invoicing |
- | * the Licensees is in default of payment of the fee due for two consecutive months, | + | =====7. Liability, Insurance ===== |
- | * the opening of insolvency proceedings has been requested for the assets of the Licensees, | + | 7.1 The Licensor only guarantees |
- | * • the Licensees otherwise seriously violates his contractual obligations. | + | |
- | + | ||
- | =====8. Liability, Insurance ===== | + | |
- | 8.1 For the recoverability of data after Software failures, the Licensor is only liable | + | |
- | 8.2 The Licensees is therefore recommended in his own interest | + | 7.2 In his own interest, |
- | 8.3 The Licensor expressly points out that the Licensor' | + | 7.3 The Licensor expressly points out that the Licensor' |
- | Unregistered or registered | + | Non-activated |
- | A liability or guarantee for the accuracy and completeness of the delivered calculated | + | No liability or guarantee |
- | 8.4 The Licensor | + | 7.4 The Licensor |
+ | <WRAP leftalign> | ||
+ | 7.5 In particular, Licensor shall not be liable:\\ | ||
- | 8.5 Furthermore, the Licensor is not liable | + | * for expenses arising from necessary software adaptations in connection with changes in legal provisions, |
+ | * for expenses arising from necessary software adaptations in connection with updates/ | ||
+ | * for expenses arising from necessary adaptations/ | ||
+ | * for expenses incurred by the licensee in connection with the restoration of the operability of the software after failure, irre-spective of the cause of the failure, | ||
+ | * for expenses incurred by the licensee in connection with the restoration of the operability of the software after failure, irre-spective of the cause of the failure, | ||
- | * expenses related to any necessary updates, modification of operating systems, standard software or hardware - even after changes to the programs or the data structure of the licensor' | + | =====8. Infringements of property rights, termination of contract |
- | * the operability of other programs with the Licensor' | + | </ |
- | * expenses incurred by Licensees following power outages or hardware failure. | + | 8.1 In the event of infringements |
- | + | ||
- | =====9. Property right infringements | + | |
- | 9.1 In the case of infringement | + | |
- | 9.2 Upon termination of the contract, the Licensees | + | 8.2 Upon termination of the contract |
- | =====10. Protection of the licensed material ===== | + | =====9. Protection of the licensed material ===== |
- | 10.1 The Licensees | + | 9.1 The licensee |
- | 10.2 The Licensees | + | 9.2 The licensee |
- | 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 |
+ | |||
+ | =====10. Amendments / Ineffective provisions ===== | ||
+ | 10.1 Amendments and additions to the contractual agreements between the parties must be made in writing.\\ | ||
- | <WRAP leftalign> | + | 10.2 If individual provisions are legally invalid, the remaining parts of the contract between the parties shall remain binding. Should a provision be invalid in whole or in part, the contracting parties shall immediately endeavour to achieve the economic success intended by the invalid provision in another, legally permissible manner.\\ |
- | =====11. | + | |
- | < | + | <WRAP leftalign> |
- | 11.1 Changes | + | =====11. |
+ | </WRAP> | ||
+ | 11.1 The exclusive place of jurisdiction for disputes arising from the performance of this contract | ||
- | 11.2 If individual provisions are legally ineffective, | + | 11.2 The law of the Federal Republic of Germany |
- | <WRAP leftalign> | + | |
- | =====12. | + | =====12. |
- | <WRAP justify> | + | 12.1. The parties are aware that the information collected by the Licensee with the help of the Software is subject to the statutory provisions |
- | 12.1 The exclusive place of jurisdiction for disputes arising from the performance | + | |
- | 12.2 It is only the law of the Federal Republic of Germany. Contract language is German.\\ | + | 12.2 When transferring the licensee' |
- | <WRAP leftalign> | + | |
- | =====13. Data Protection ===== | + | |
- | <WRAP justify> | + | |
- | 13.1. The parties are aware that the information collected by the Licensees with the help of the Software is subject to the applicable laws and regulations in the respective country for data protection, in particular for the protection of personal data and it is the responsibility of the Licensees to implement the associated obligations. The Licensor hereby supports the Licensees by providing suitable functions within the Software.\\ | + | |
- | + | ||
- | 13.2 When transferring the data of the Licensees | + | |
- | + | ||
- | 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 [[http:// | + | |
+ | 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.1625122424.txt.gz · Last modified: 2021/07/01 08:53 by onyxadmin