General Terms and Conditions of Business of AKG Software Consulting GmbH (AKG)
Assignment of utilisation rights in relation to AKG data-processing programs
This software contains data-processing programs plus associated files
belonging to AKG. Both the software and the associated files are
copyright-protected works belonging to AKG. The purchaser of this software
is entitled, after paying the purchase price, to use the purchased
data-processing programs as defined below. No other use beyond that defined
below is permitted. By purchasing the utilisation rights, the purchaser
acknowledges the use, warranty and liability terms as set out below.
Utilisation rights shall not transfer to the purchaser until the purchase
price has been paid in full.
§ 1 Scope of use
The use of a data-processing program is limited to the number of licences
acquired. The purchaser undertakes to ensure, by means of appropriate
access protection mechanisms, that the number of persons making
simultaneous use of the data-processing program does not exceed the number
of licences purchased, particularly when the program is installed on a
network server. A data-processing program is considered in use if loaded
in an intermediate storage location (i.e. RAM) or a permanent storage
location (e.g. hard disk, CD-ROM or any other storage device) of a
computer. With the exception of a back-up copy, the production of copies
or part-copies, and/or the passing on of copies (including the back-up
copy), are not allowed under any circumstances. The purchaser is free to
use the program on whatever system he wishes. The purchaser is not entitled
to modify or re-work the data-processing program, or to link it with other
programs.
§ 2 Passing-on of the data-processing program
The purchaser is not entitled to pass on the purchased data-processing
program to a subsequent user. Neither is he authorised to hire out the
data-processing program, or parts thereof. Any passing-on to a subsequent
user shall be considered equivalent to the purchase of another licence,
and will be invoiced to the purchaser who passed the program on.
§ 3 Other rights
AKG reserves all other rights in respect of the use and exploitation of
the data-processing program. Whenever a new version of the data-processing
program becomes available, the purchaser is entitled to exchange his
data-processing program (old version) for a new version against payment of
a fee to be fixed by AKG. The purchaser’s entitlement to use the old
version as per § 1 above shall expire on the day of the changeover.
Once the changeover is complete, the purchaser must immediately and fully
delete the data-processing program (old version) loaded in a storage
location, or destroy it in some other way. This also applies to the
back-up copy.
§ 4 Warranty
Your attention is specifically drawn to the fact that it is not possible
to develop data-processing programs to run error-free for all types of
application conditions.
AKG cannot offer any guarantee of its data-processing programs being free
of errors. Programs will not be taken back once released.
AKG shall not be subject to any further warranty obligation. AKG cannot,
in particular, guarantee that the data-processing program will meet the
purchaser’s special requirements.
The purchaser bears sole responsibility for choosing, installing and using
the software, and for the results expected to be achieved therewith.
§ 5 Liability
AKG shall only be liable for damage imputable to itself up to the amount
of the purchase price. AKG cannot accept any liability for loss of
earnings, foregone savings, indirect prejudice or consequential prejudice.
The above restrictions on liability will not apply in respect of damage
caused intentionally or by gross negligence.
§ 6 General terms
If any individual provisions in these terms and conditions are, or become,
invalid, this shall not affect the validity of the other provisions. In
this case, the parties agree to adopt whatever comes closest to the
business purpose of the invalid provision. The place of performance is
Freiburg im Breisgau, the place of jurisdiction is Freiburg im Breisgau.
79423 Heitersheim, 01.01.2013
AKG Software Consulting GmbH
– Executive Management –
Uhlandstrasse 12
D-79423 Heitersheim
Germany
Phone +49 7634 5612-0
Fax +49 7634 5612-300
www.akgsoftware.com
Stand: Januar 2023
