team steffenhagen consulting GmbH Terms and Conditions for the Provision of Software
1. Object of the Contract
1.1 The nature and scope of the software and the operating environment for its release result from the respective program description, additionally from the operating instructions.
1.2 The software shall be delivered in executable form (in object code) including operating instructions (user documentation or online help) and instructions for installation. The operating instructions and instructions for installation can also be provided to the Customer electronically.
1.3 The software shall, in principle, be installed and put into operation by the Customer. All team steffenhagen consulting GmbH support services requested by the Customer (in particular, application engineering, installation and demonstration of successful installation, briefings, training and advice) shall be remunerated on the basis of time and expenditure.
2. Rights of use to the software and protection from unauthorized use
2.1 Upon complete payment of the fee owed, team steffenhagen consulting GmbH grants the Customer the right to use the software agreed in accordance with the provisions set out here. In this respect, a simple, non-exclusive right of use, for an unlimited period, shall be granted to the Customer. This only entitles the Customer to use the software on one computer with one single user at the same time. The right of use covers only use for the Customer’s internal purposes.
Extended use must always be contractually agreed before it commences. The fee is based on the scope of the right of use.
2.2 Copyright notices in the software may not be altered or deleted.
2.3 team steffenhagen consulting GmbH is entitled to take appropriate, technical measures to protect against usage other than that contractually agreed. Use of the software on an alternative or subsequent configuration should not be significantly affected by this.
2.4 Ownership of items for copying / reproduction remains reserved until complete payment of the fee owed. Insofar as prior, individual rights of use were granted, these are always purely provisional and may be revoked at any time by team steffenhagen consulting GmbH.
2.5 team steffenhagen consulting GmbH can revoke the Customer's right of use if the latter contravenes to a significant degree any restrictions on use or other provisions which protect against unauthorized use. Upon revocation, the Customer must confirm in writing to team steffenhagen consulting GmbH that it has discontinued use.
3. Obligations of the Customer
3.1 The Customer shall inform team steffenhagen consulting GmbH immediately of changes to the operating environment. 1.1 remains unaffected.
3.2 The Customer must assist team steffenhagen consulting GmbH to the extent required in rectifying any defects, in particular, by sending team steffenhagen consulting GmbH a data carrier with the affected software upon request of the latter and by making work equipment available.
3.3 The Customer acknowledges that the software, together with the operating instructions and further documents - including in future versions - are protected by copyright. In particular, source codes are trade secrets of team steffenhagen consulting GmbH. team steffenhagen consulting GmbH is only obliged to deliver source code on the basis of an express agreement.
3.4 The Customer may not carry out any action, which could encourage unauthorized use. In particular, the Customer may not attempt to decompile the software, other than entitled to do so pursuant to relevant copyright provisions (cf. §§ 69a ff. German Copyright Act). The Customer shall notify team steffenhagen consulting GmbH immediately, if it becomes aware that there is a threat of unauthorized access or such access has occurred in its area.
4. Claims for defects by the Customer
4.1 team steffenhagen consulting GmbH warrants that the software corresponds to the agreement when used in accordance with the Contract.
The limitation period for claims for defects begins upon delivery. Extension of the scope of use (2.1 para 2) has no influence on the course of the limitation period.
4.2 The Customer may assert claims for defects only if notified defects are reproducible or can otherwise be evidenced by the Customer.
4.3 Where the Customer is entitled to assert claims for defects, it initially has only a right to supplementary performance within a reasonable period. Supplementary performance constitutes, at the discretion of team steffenhagen consulting GmbH, either repair or delivery of replacement software. The Customer's interests shall be given appropriate consideration when either option is selected.
4.4 The limitation period for claims for defects is one year. This does not affect the claims set out at Article 5.
Claims for damages against team steffenhagen consulting GmbH, irrespective of their legal grounds, only arise insofar as the latter is culpable of wilful intent or gross negligence. Where an obligation is violated by simple negligence and where compliance with this obligation is of fundamental significance for achievement of the contractual purpose (cardinal obligation), liability is limited to the amount of contractually-typical, foreseeable damages. Paragraphs 1 and 2 do not apply in the event of violations of obligations which result in injury to life, limb or health.
6. Applicability of the General Terms and Conditions of team steffenhagen consulting GmbH.
In addition, the General Terms and Conditions of team steffenhagen consulting GmbH apply and can be accessed at: tsc.consulting/tnc.