Specifications

1. Scope of application
1.1 These General Terms and Conditions apply in addition to the General Terms and Conditi-
ons of VTEH to the provision of software (purchase of software) for an unlimited period of
time. If software is provided for use as an integral part of a delivery of related hardware or
in connection with such a delivery, these Terms and Conditions are applicable if a breach
of duty or defective performance was caused by the software; the General Terms and
Conditions of VTEH apply to the hardware exclusively in other respects.
1.2 Insofar as these Terms and Conditions do not contain any provisions, the General Terms
and Conditions of VTEH are applicable which are available on the website www.videor-
technical.com. We will be pleased to send the General Terms and Conditions of VTEH to
customers upon request.
1.3 VTEH assumes no obligation to provide software services, to maintain software or to set-
up and install software with these Terms and Conditions. This requires a separate agree-
ment.
1.4 In addition, VTEH has no obligations whatsoever during any trial period granted to the
customer free of charge in which he may evaluate the software before purchasing it.
2. Subject matter of the contract
2.1 The nature and the elds of application of the software are dened solely in the product
description and in addition in the operating instructions, unless otherwise individually
agreed.
2.2 The software is supplied exclusively in an executable form (object code) with operating
instructions in the language stated in the product description and installation description;
no further documentation shall be provided, unless expressly otherwise agreed. The
operating instructions and installation description can also be provided electronically, in
particular by the possibility of retrieving these online.
2.3 The software is supplied by providing a data carrier or, insofar as agreed or requested by the
customer, by downloading it from the Internet via a link provided by VTEH.
3. Excluded elds of application for software
Attention is expressly drawn to the fact that, unless expressly agreed otherwise in an
individual case, the software was not developed nor planned nor produced for use in dan-
gerous elds of application which require fault-free operation to prevent bodily harm, death
or an impairment to health or damage to the environment. The software is not suitable for
use in, or in connection with, energy power stations, air trafc navigation or communicati-
ons, air trafc control, any other trafc control, for the operation or monitoring of medical
or other vital or life-supporting or life-maintaining equipment, weaponry or similarly dan-
gerous elds in which faults in the product can directly or indirectly lead to death, physical
impairments or impairments to the health of persons or to serious physical or biological or
ecological damage (“high risk activities”).
4. Rights of use
4.1 The software (program, product description and operating instructions) is legally protec-
ted. Copyrights, patent rights, trademark rights and all other ancillary copyrights to the
software and to other objects which VTEH provides or makes accessible to the customer
in the course of the initiation and implementation of the contract are exclusively due to
VTEH in the relationship between the parties. Insofar as third parties have rights, VTEH
has acquired or licensed the required rights of use and exploitation.
Upon payment in full, VTEH grants the customer the right to use the software to the extent
dened in the contract. Unless the eld of software application is otherwise agreed, this
right includes a simple right of use to operate the software at a workstation on a computer
unit (simple licence) for an unlimited period. Thus the customer is authorised to install, load
and execute the software on the maximum number of workstations agreed for the agreed
duration of the right.
4.2 Every computer unit with a CPU is deemed to be a computer. Use in a network is permitted
only if expressly agreed (multiple/multi-station licence), whereby the maximum number of
simultaneous users shall be dened. This also applies if the software is not reproduced
within the network. Use of the software through the provision thereof to third parties via
remote data transmission, particularly in the form of Application Service Providing (ASP),
is not permitted unless expressly agreed.
4.3 Simultaneous use of the software on more than the agreed number of workstations (excess
use) is prohibited. The customer is obliged to immediately notify VTEH of any excess use.
For the period of excess use, i.e. from the beginning thereof until the conclusion of an
appropriate agreement or until cessation of the excess use, the customer is obliged to pay
compensation for the excess use which shall be charged for the proportionate period of
time at double the price of the software used according to the price list valid at the time
of the breach of the contract, whereby the parties shall take a 3-year straight-line method
of depreciation as the basis for calculating the compensation. This is without prejudice
to the assertion of a claim for further damages in addition to the contractual penalty. The
General Terms and Conditions for the Software of VIDEOR TECHNICAL E. Hartig GmbH (hereinafter referred to as VTEH)
for the Provision of Standard Software (Software GTCB) valid as of 1 January 2007
customer is free to furnish proof that less damage occurred.
4.4 The customer may transfer the right of use to the software to a third party if he completely
ceases use himself, particularly if, upon transfer of the right, he deletes, destroys or hands
over to the third party any and all documentation, copies etc. Insofar as a multiple/multi-
station licence was granted, this may only be transferred as an entirety. Any transfer of
individual workstation authorisations under a multiple/multi-station licence results in an
unagreed expansion/intensication of the use of the software and is thus expressly prohi-
bited. Clause 4.3 applies accordingly. Sub-licensing is prohibited.
4.5 In the event that the right of use is transferred to third parties, e.g. in the course of reselling,
the customer shall inform VTEH of the name and address of the recipient and draw the
recipient’s attention particularly to clause 3 (no high risk activities) and to the scope of the
license pursuant to this clause 4.
4.6 VTEH is entitled to take appropriate and effective measures to prevent prohibited repro
-
ductions or other unauthorized use. VTEH shall draw attention to such measures in the
product description prior to conclusion of contract. In particular, VTEH is authorised to
make the usability of the software contingent on the use of uniquely marked hardware
(e.g. dongle/hardlock), which means that, technically, the software can be used only in
conjunction with this hardware component. VTEH is also authorised to make the usability
of the software contingent on the prior personalized registration of the user via an online
registration system operated by the software producer. The rights of the customer under
Section 69 d (2) and (3) and Section 69 e UrhG [German Copyright Act] remain unaffec-
ted.
4.7 The rights granted are subject to the condition precedent that the purchase price is paid in
full.
5. Customer’s duties to cooperate
5.1 The customer is responsible for ensuring that programs and data are saved on a regular
basis. The customer shall take adequate precautions in the event that the program fails
to work completely or partly (e.g. by data back up, fault diagnosis, regular checking of
results). He is responsible for ensuring that the work environment of the program is opera-
ting. If the customer acts in breach of these obligations, VTEH shall not be liable if damage
is caused as a result thereof. In particular, VTEH shall not be liable for the recovery of lost
or damaged data or programs.
5.2 The customer is obliged to refrain from any and all use of the software in high risk activities
(clause 3).
6. Defects in title
6.1 Claims based on defects in title are governed by clause 8 of the General Terms and Con-
ditions of VTEH and the following clause 7 of these General Terms and Conditions for
Software.
6.2 The customer shall immediately notify VTEH in writing if third parties assert proprietary
rights (e.g. copyrights or patent rights) against him. The customer shall not recognise the
infringement of the proprietary right asserted by third parties and shall leave any and all
disputes, including any out-of-court settlements, either to VTEH or conduct such only after
consulting VTEH. VTEH shall pay the necessary court and lawyers’ fees incurred by the
customer as a result of defending rights. Insofar as the customer is responsible for the
infringement of the proprietary right himself, claims against VTEH are excluded.
7. Defects in quality
7.1 A warranty period of 12 months is granted for the software. This does not apply to the right
of recourse under Section 478 BGB [German Civil Code].
7.2 Only proven and reproducible deviations from the specication when using the software
in accordance with the contract are deemed to be defects which are not defects in title.
A defect is not considered to exist if it does not arise in the last version of the software
supplied and the customer can be reasonably expected to use such.
7.3 The customer is obliged to immediately examine all items supplied by VTEH after delivery
in accordance with provisions under commercial law (Section 377 HGB [German Commer-
cial Code] and to immediately notify VTEH in writing of any defects. The defect and the
respective data processing environment must be described as exactly as possible in such
notication. Further requirements pursuant to Section 377 HGB remain unaffected.
7.4 Claims based on defects are not deemed to exist
- in the case of damage occurring as a result of faulty or negligent treatment by the custo
-
mer,
- for consequences arising from alterations made by the customer or third parties,
- for software which was expanded by the customer or a third party beyond an interface
provided for this purpose by VTEH or the software manufacturer, if the defect is based on
this,
VIDEOR TECHNICAL E. Hartig GmbH • Carl-Zeiss-Str. 8 • 63322 Rödermark/Germany • Tel. [phone] - 0 • Fax [phone] - 100 • eMail [e-mail] • www.videortechnical.com