Transferring
1. The Licensee is prohibited from hiring out the software, data and/or the accompanying
material to third parties as part of commercial activities.
2. The Licensee is prohibited from making the software, data and/or the accompanying
material accessible to third parties as part of commercial or non-commercial activities,
circulating it and/or passing it on to the public.
3. However, the Licensee shall be entitled to transfer the original data carriers including the
software, data and the accompanying material if
a) it has deleted the installed software and all possible pools of data which may have been
saved and any back-up copies which may have been made,
b) the third party pledges in writing to the Licensors directly that it will abide by these licence
terms and conditions,
c) this written declaration of consent is sent to the Licensor and
d) the Licensee has handed over the software, data and the accompanying material in full to
the recipient without retaining any copies whatsoever.
§ 4
Warranty
1. The Licensee must report obvious defects within an appropriate set period of time and in
writing with a precise description of the defect. Defects must be reported – at the option
of the Licensee – exclusively to one of the Licensors mentioned above. Reports of
obvious defects which are delayed or unsubstantiated shall release the Licensor from its
obligations to provide a service to correct the defects. However, in the event that the
Licensor becomes involved with unsubstantiated reports of defects which are raised
through gross negligence or deliberately, it shall be entitled to invoice the Licensee for
the costs associated with this. In the event that the Licensee is a trader, it must, above
and beyond its obligation arising from sentence 1, examine the items delivered and
services provided by the Licensors immediately and report any defects which are found
immediately in writing and with as precise a description of the defect as possible.
2. The Licensor guarantees that the program functions can be executed without any errors
in accordance with the program specifications and contract documents. Errors which only
result in a negligible reduction in the usability of the software shall not entitle the Licensee
to reduce the amount paid for the granting of the usage rights to the object of the contract
or to withdraw from the contract.
3. Outside of the claims under the warranty, the Licensee has no claim against the Licensor
for updates to the software and/or data.
4. The Licensor shall fulfil its warranty obligations in the event of material defects by
providing a subsequent service, specifically at its option by correcting the defect or
supplying a replacement product. A subsequent service may be performed in particular
by a new version of the program being handed over or by the Licensor indicating possible
ways of preventing the effects of the defect. A new version of the program must be
accepted by the customer if this results in an acceptable level of adjustment for it. If the
subsequent service provided fails to work, if the Licensor is late in providing it, refuses to
do so or if the subsequent service is unacceptable to the Licensee in an individual
instance, the Licensee shall be entitled, at its option, to withdraw from the contract or to
demand a reduction in price. Claims for compensation are governed by § 5.
5. If exceptionally the Licensor has promised or demonstrated characteristic features of the
software, the data, the accompanying material or the data carriers expressly or in
demonstrating the characteristic feature in its own advertising or has fraudulently failed to
disclose defects in these items, paragraphs 2 and 4 above shall not apply. In this case, §
5 paragraph 1 a) shall apply accordingly.
6. A warranty on the part of the Licensor shall not exist in cases of functional impairments
which result from the hardware and software environment provided by the Licensee,
incorrect operation, incorrect, improper commissioning, use and/or treatment of the
subject of the contract by the Licensee, external defective data or other reasons which
stem from the Licensee’s area of risk, as well as from improper maintenance, alterations
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Summary of Contents for IBEX
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