General Terms and Conditions of Business (GTC) of
humanIT Software GmbH
§ 1 General
(1) humanIT Software GmbH (humanIT) supplies software (contractual software) to end-users (licensees) on the basis of these GTC. The licensee’s terms and conditions of business do not apply to humanIT even if they contain clauses that are not regulated by these GTC and humanIT does not expressly oppose these terms and conditions of business.
(2) If a public customer enters into contractual relationships with humanIT, then in addition to these GTC, the applicable EVB IT [Supplemental Contract Regulations for the Procurement of IT Services] (BVB) [Special Contractual Terms] provisions apply.
(3) Amendments and additions to these terms of license require the written form if they are to be valid. This also applies to this written form clause and the waiver of the written form requirement. Verbal ancillary agreements have not been entered into.
(4) If a provision contained in these terms of license is or becomes invalid in whole or in part, or if there is a loophole within these terms of license, this will not affect the legal validity of the remaining provisions. In the first instance, instead of the invalid provisions or a loophole, the parties will agree upon a regulation that comes as close as possible to the desired economic result of the invalid or incomplete provision.
(5) The place of jurisdiction is the registered office of humanIT provided that this does not conflict with mandatory statutory regulations.
§ 2 Licensing
(1) humanIT grants the non-exclusive, non-transferable right to the licensee to use the contractual software for his own purposes.
(2) Contract software licensing terms are based on various license models, which are described in the following. The respective license model chosen for each product is stated in the individual contract. Observation of the licensing terms is partly ensured by technical means (activation codes, dongles etc.).
a) Single Workstation licenses: Each copy of the software licensed for use may only be installed and used on a single computer. The same applies to all associated media and printed materials.
b) Concurrent User licenses: In this case, the client is only entitled to use the contract software through simultaneous access to a particular computer or server from no more than the number of workstations (Concurrent Users) specified in the individual contract.
(3) The licensee may, in addition, make back-up copies of the contractual software.
(4) The contractual software may only be stored on such hardware that is solely owned by the licensee. Further duplications may not be made.
(5) Any kind of interference with the contractual software, including decompilation, disassembly, reverse engineering and separation of its component parts is not allowed.
(6) The licensee is not authorized to rent or lease out the contractual software. He may, however, assign all his rights ensuing from this agreement permanently to third parties provided that he does not retain any copies and the recipient agrees to the terms and conditions of these GTC.
GTC humanIT Software GmbH – As at February 2008
§ 3 Industrial property rights, trademark rights and copyrights
(1) The licensee acknowledges that the contractual software in all its parts is capable of being protected by copyright and is protected and that humanIT or its licensors are entitled to all copyrights thereto.
(2) The licensee must take over the trademarks predetermined by humanIT and the names of the programs as well as the copyright notices in an unchanged condition. The copyright notices affixed to the data carriers and additional records and data may not be removed by the licensee. The licensee also undertakes not to seek protection for the trademarks, other identification and the configuration or attack it in any other way.
§ 4 Warranty
(1) humanIT warrants that the contractual software is free of material and manufacturing defects that would substantially reduce its value or efficiency. Malfunctions that are not based on material or manufacturing defects and which substantially reduce the value or the efficiency of the contractual software will be remedied by humanIT within the scope of its capability within a reasonable period of time.
(2) Any defect removal according to Subsection (1) above will be done by means of rework or a replacement delivery.
(3) humanIT does not provide a warranty for defects in the contractual software that result from changes or additions to the contractual software that are made by the licensee.
§ 5 Limitation of liability
(1) Liability for damages due to an absence of warranted qualities is limited to the extent of the warranty. Warranted qualities are only those that are expressly described as such.
(2) Neither humanIT nor its suppliers are liable to pay compensation for any damages (this includes on an unrestricted basis damages ensuing from lost profit, interruption of business, loss of commercial information or data or from other financial losses), that ensue due to the use of the contractual software or the inability to use this software. In every case the liability of humanIT is limited to the amount that the licensee has actually paid for this software. This exclusion does not apply to damages that were caused by intent or gross negligence on the part of humanIT. Likewise, claims that are based on mandatory statutory regulations governing product liability remain unaffected.
GTC humanIT Software GmbH – As at February 2008