Specifications

- if the software provided is not compatible with the data processing software
used by the customer, unless expressly described as compatible in the product
description or operating instructions.
7.5 If the software has a defect, VTEH shall initially be given the opportunity of
rendering subsequent performance within a reasonable period. VTEH has the
option of choosing whether to render subsequent performance by rectifying the
defect (subsequent improvement) or by supplying a replacement.
7.6 Unless VTEH chooses any other kind of subsequent performance, subsequent
performance shall be effected by rectifying a software defect as follows:
7.6.1 VTEH shall provide a new revision level (update) or a new version (upgrade) of
the software as a replacement for use as appropriate if available at VTEH or if
this can be obtained with a reasonable amount of effort. Otherwise the defect
shall be rectied at the old revision level.
7.6.2 Until provision of the update or upgrade, VTEH shall make an interim solution
available to the customer to bypass the defect if the continuance of the defect
is unacceptable for the customer, for example because he is no longer able to
process urgent tasks as a result of the defect.
7.6.3 If a data carrier or the documentation supplied is defective, VTEH shall replace
these with a substitute which is free from defects.
7.6.4 At the option of VTEH, the defect shall be rectied on the premises of VTEH
or on the customer’s premises. Should VTEH choose to rectify the defect on
the customer’s premises, the latter shall make the hardware and software and
any other necessary operating states (including the required computer time)
available with suitable operating personnel. In addition, the customer shall also
provide to VTEH the documents and information at its disposal required to rectify
the defect.
7.7 If the subsequent performance fails, the customer may cancel the contract or
reduce the remuneration – irrespective of any claims for damages based on the
General Terms and Conditions. The customer only has a right of cancellation
and a claim for damages instead of performance based on non-performance or
performance not rendered as owed in the event of serious defects.
7.8 Where a notice of defects has been given, the customer may only retain pay
-
ments to an extent which bears a reasonable relation to the defects that have
arisen.
7.9 Where a notice of defects has been wrongfully given, VTEH is entitled to demand
that the customer refunds the expenditure incurred to examine the defect. In
particular, VTEH may demand the additional costs incurred as a result of a modi-
cation of the software, use thereof outside the prescribed environment or incor-
rect operation thereof. The burden of proof lies with the customer. Section 254
BGB [German Civil Code] applies mutatis mutandis.
7.10 In other respects, clause 9 of the General Terms and Conditions of VTEH applies
to claims for damages. Any further claims of the customer against VTEH or its
vicarious agents are excluded.
8. Secrecy, Data Protection
8.1 The subject matter of the contract, records and documents, proposals, test pro-
grams etc. of VTEH which are made accessible to the customer prior to or after
conclusion of contract are considered to be intellectual property and a business
or trade secret of VTEH and must be kept secret in accordance with the following
provisions shown in this clause 8.
8.2 The parties to the contract undertake to treat as condential all objects (e.g.
software, documents and records, information) which they receive from the other
party respectively or gain knowledge of prior to or during the implementation
of the contract and which are legally protected or contain business or trade
secrets or are marked as condential, also after the end of the contract, unless
they become publicly known without any infringement of this duty to maintain
secrecy. The parties to the contract shall store and safeguard these objects in
such a manner that it is impossible for third parties to gain access thereto.
8.3 The customer shall only make the subject matter of the contract accessible to
employees and other third parties which require access to carry out the tasks
assigned to them. He shall instruct such persons of the necessity to keep the
objects secret.
8.4 VTEH shall store the data of the customer required to process the transactions in
compliance with data protection laws.
VIDEOR TECHNICAL E. Hartig GmbH • Carl-Zeiss-Str. 8 • 63322 Rödermark/Germany • Tel. [phone] - 0 • Fax [phone] - 100 • eMail [e-mail] • www.videortechnical.com