§ 1 Subject matter of the contract, scope of services

• 1.1 The subject matter of these contractual terms and condi­tions is the delivery of standard software, the individual adaptation of standard software and the granting of rights of use in accor­dance with Clause II § 2.
• 1.2 Before concluding the contract, the contractual partner has checked that the speci­fi­cation of the standard software meets its wishes and require­ments. He is aware of the essential functional features and condi­tions of the standard software.
• 1.3 The mutually signed contract or the order confir­mation of vir2store shall be decisive for the scope, type and quality of the deliv­eries and services. Other speci­fi­ca­tions or require­ments shall only become part of the contract if the contracting parties agree on them in writing or vir2store has confirmed them in writing. Subse­quent changes to the scope of services shall require a written agreement or written confir­mation by vir2store.
• 1.4 Product descrip­tions, illus­tra­tions, test programs, etc. are perfor­mance descrip­tions, but not guarantees.
• 1.5 The contractual partner shall receive the standard software consisting of the machine program and verbal instruction. The technology of the delivery of the standard software is based on the agree­ments. The contractual partner has no claim to the provision of the source program.
• 1.6. vir2store shall provide all deliv­eries and services in accor­dance with the state of the art.
• 1.7 Insofar as vir2store carries out the adaptation of standard software, the following provi­sions shall apply in addition: 
  • a) The adaptation of standard software is minor programming work which does not affect the content and character of the standard software concerned. On the one hand, the adaptation ensures a smooth functioning of the standard software on the hardware and software platform used by the contracting party; on the other hand, vir2store enables certain minor modifi­ca­tions or exten­sions of the program flow based on the agreement between vir2store and the contracting party.
  • b) vir2store shall adapt the standard software on the basis of the agreement and in accor­dance with the state of the art.
  • c) The contractual partner shall acquire the same rights to modified, extended or newly created standard software as to the standard software.

§ 2 Rights of the contractual partner to the standard software

• 2.1 The standard software (program and user manual) is legally protected. The copyright, patent rights, trademark rights and all other ancillary copyrights to the standard software as well as to other objects which vir2store provides or makes acces­sible to the contractual partner within the scope of the initi­ation and execution of the contract shall exclu­sively belong to vir2store in the relationship of the contractual partners. Insofar as third parties are entitled to the rights, vir2store shall have the corre­sponding exploitation rights.
• 2.2 The contractual partner is only entitled to process its own data with the program in its own company for its own purposes. All data processing equipment (e.g. hard disks and central processing units) on which the programs are copied or trans­ferred in whole or in part, temporarily or perma­nently, must be located on the premises of the contractual partner and be in his direct possession. Further contractual rules of use (e.g. the limitation to a number of worksta­tions or persons) must be techni­cally set up and practi­cally complied with. vir2store hereby grants the contractual partner the necessary autho­riza­tions for this use as a simple right of use including the right to correct errors. Clause II § 11 shall apply to the duration of the right of use.
• 2.3 The contractual partner may create the backup copies of the programs required for secure operation. The backup copies must be stored securely and, as far as techni­cally possible, bear the copyright notice of the original data carrier or the version of the standard software trans­ferred online. Copyright notices, trade­marks and product labels may not be deleted, changed or suppressed. Copies that are no longer required must be deleted or destroyed. Documents provided by vir2store may only be copied for internal purposes.
• 2.4. vir2store offers to the contractual partner and each future purchaser and owner of the standard software that the following rules shall apply between vir2store and all future owners and purchasers of the standard software. The accep­tance of the offer requires corre­sponding written decla­ra­tions of the respective owner and the respective acquisition: 
  • a) The transfer to the third party takes place by means of a permanent sale and without a right of return or repur­chase option.
  • b) The third party submits the following written decla­ration to vir2store: “We wish to acquire the standard software … (exact desig­nation including desig­nation of the license volume) from … (company and address of the contractual partner). We have received a copy of the documents showing the rights of use and oblig­a­tions of the previous purchaser of the software. We undertake to you to comply with these rules of use. This applies in particular with regard to Clause II § 2, Clause II § 11 para. 2 and para. 3, Clause I § 4 and Clause I § 5 of the then agreed General Terms and Condi­tions. Our right of use begins at the earliest when the previous purchaser has informed you in writing that he has, as far as possible and reasonable, deleted the software and that he no longer has the right to use the software when our right of use begins. We undertake to comply with the same rules in the event of a sale of the software by us as are incumbent on our legal repre­sen­tative vis-à-vis you.”
  • c) The contracting party shall ensure that the third party may only use the Software after the contracting party has carried out the deletion process of the Software and after it has sent vir2store the decla­ration signed by the third party pursuant to b).
  • d) The right to resell refers to the respective status of the transfer of the current version of the computer program as it is available to the contractual partner at the time of the transfer to the third party.
  • e) In the event of a breach of these rules by the contracting party, the contracting party shall owe vir2store a contractual penalty amounting to half of the amount that the third party would have had to pay after half of the purchase price agreed today.
    
• 2.5 The rules according to para. 2 and para. 3 also apply if the contractual partner carries out error correction or (as far as permis­sible) other processing of the programs.
• 2.6 The contracting party may only decompile the interface infor­mation of the programs within the limits of § 69 e UrhG⁵ (German Copyright Act) and only if it has informed vir2store in writing of its intention and requested the provision of the required interface infor­mation with a notice period of at least two weeks and vir2store has given its written consent. Prior to any involvement of third parties, he shall obtain a written decla­ration from the third party that the third party under­takes directly vis-à-vis vir2store to comply with the rules laid down in Clause II § 2.
• 2.7 All other acts of exploitation, in particular the rental, lending and distri­b­ution in physical or non-physical form, the use of the Standard Software by and for third parties (e.g. through outsourcing, computer center activ­ities, appli­cation service providing) are not permitted without the prior written consent of vir2store.
• 2.8 Contractual objects, documents, proposals, test programs etc. of vir2store which become acces­sible to the contracting partner before or after conclusion of the contract shall be deemed intel­lectual property and business and trade secrets of vir2store. They may not be used in any way whatsoever without the written consent of vir2store.

§ 3 Time of perfor­mance, delays, place of performance

• 3.1 Infor­mation on delivery and perfor­mance dates shall not be binding, unless they have been desig­nated as binding by vir2store in writing. vir2store may render partial services, provided that the delivered parts can be reasonably used by the contractual partner.
• 3.2 Delivery and perfor­mance periods shall be extended by the period in which the contractual partner is in default of payment under the contract, and by the period in which vir2store is prevented from deliv­ering or performing due to circum­stances for which it is not respon­sible, and by a reasonable start-up period after the end of the imped­iment. These circum­stances shall also include force majeure and labor disputes. Deadlines shall also be deemed extended by the period in which the contractual partner fails to provide a cooper­ation service in breach of contract, e.g. fails to provide infor­mation, fails to provide access, fails to supply a provision or fails to make employees available.
• 3.3 If the contracting parties subse­quently agree other or additional services that affect the agreed deadlines, these deadlines shall be extended by a reasonable period of time.
• 3.4 Reminders and deadlines set by the contractual partner must be in writing to be effective. A grace period must be reasonable. A period of less than two weeks is only appro­priate in cases of particular urgency.

§ 4 Contract commitment and termi­nation of contract

• 4.1 Any termi­nation of the further exchange of services (e.g. in the event of withdrawal, reduction, termi­nation for good cause, damages in lieu of perfor­mance) must always be threatened by stating the reason and setting a reasonable deadline for recti­fi­cation (usually at least two weeks) and can only be declared within two weeks of expiry of the deadline. In the cases stipu­lated by law (see § 323 para. 2 BGB⁶) the deadline may be waived. Anyone who is wholly or predom­i­nantly respon­sible for the disruption cannot demand rescission.
• 4.2 All decla­ra­tions in this context must be made in writing to be effective.

§ 5 Remuner­ation, payment

• 5.1 Unless otherwise agreed, the agreed remuner­ation shall be due without deduction and payable immedi­ately after delivery of the standard software or adaptation of the standard software and receipt of the invoice by the contractual partner.
• 5.2 Travel costs, expenses, acces­sories, shipping costs and telecom­mu­ni­cation costs shall be reimbursed additionally at cost. Additional services requested by the contractual partner (e.g. consulting and support during the instal­lation of the program) shall be invoiced by vir2store according to the agreed prices. Value added tax shall be added to all prices.

§ 6 Oblig­a­tions of the contracting party

• 6.1 The contractual partner shall be obliged to examine all delivery items of vir2store immedi­ately upon delivery or upon making them available in accor­dance with the provi­sions of commercial law (§ 377 HGB⁷ [German Commercial Code]) and to notify vir2store in writing of any defects detected, giving a precise description of the defect. The contractual partner shall thoroughly test each module for usability in the specific situation before commencing productive use. This also applies to programs that the contractual partner receives within the scope of the warranty and a mainte­nance contract.
• 6.2 The contractual partner shall take appro­priate precau­tions in the event that the program does not work properly in whole or in part (e.g. through data backup, documen­tation of software use, fault diagnosis, regular testing of results, emergency planning). It is his respon­si­bility to ensure the function­ality of the program’s working environment.

§ 7 Material defects

• 7.1 The standard software has the agreed quality and is suitable for the contrac­tually stipu­lated use or, in the absence of an agreement, for normal use. It satisfies the criterion of practical suitability and has the usual quality for software of this type; however, it is not error-free. A functional impairment of the program resulting from hardware defects, environ­mental condi­tions, incorrect operation or similar is not a defect. An insignif­icant reduction in quality shall not be taken into account.
• 7.2 In the event of material defects, vir2store may first provide subse­quent perfor­mance. Subse­quent perfor­mance shall be effected at vir2store’s option by remedying the defect, by supplying standard software that does not have the defect, or by vir2store demon­strating possi­bil­ities to avoid the effects of the defect. At least three attempts to rectify a defect shall be accepted. An equiv­alent new program version or the equiv­alent previous program version without the defect shall be accepted by the contractual partner if this is reasonable for him. The instal­lation of software (patches or new versions) is the respon­si­bility of the contractual partner.
• 7.3 The contracting party shall support vir2store in the error analysis and elimi­nation of defects, in particular by describing occurring problems in detail, informing vir2store compre­hen­sively and granting vir2store the time and oppor­tunity required for the elimi­nation of defects. vir2store may perform the elimi­nation of defects on site or at its business premises at its discretion. vir2store may also provide services by remote mainte­nance. The contracting party shall provide the necessary technical prereq­ui­sites at its own expense and grant vir2store electronic access to the standard software after prior notice.
• 7.4 The contracting parties agree the following error classes and response times: 
  • a) Error class 1: Defects preventing operation: The error prevents the business opera­tions of the contractual partner; there is no workaround solution: vir2store begins immedi­ately, at the latest within four hours after the error message, with the elimi­nation of the error and continues it with vigor until the error is elimi­nated, as far as reasonable also outside normal working hours (weekdays 8.00 a.m. to 5.00 p.m.).
  • b) Error class 2: Defects hindering opera­tions: The error signif­i­cantly hinders the business opera­tions of the contractual partner; however, the use of the standard software is possible with workaround solutions or with temporarily acceptable restric­tions or diffi­culties: vir2store begins with error correction on the same day in the event of an error message before 10. 00 a.m., vir2store shall begin with the elimi­nation of the error on the same day, in case of a later error message at the beginning of the next working day and shall continue it until the elimi­nation of the error within the usual working hours. vir2store may first point out a workaround solution and eliminate the error later if this is reasonable for the contractual partner.
  • c) Error class 3: Other defects: vir2store shall begin to rectify the error within one week or shall only rectify the error with the next program version if this is reasonable for the contractual partner. The deadlines according to para. 4 shall commence with an error message according to Clause II § 6 para. 1.
    Clause II § 3 para. 2, 3 shall apply for the calcu­lation of the deadline. In case of disagreement about the assignment of an error to the classes according to para. 4, the contracting partner may demand the classi­fi­cation into a higher error class. He shall reimburse vir2store for the additional expenses if he does not prove that his classi­fi­cation was correct. vir2store may claim additional costs resulting from the fact that the standard software was modified, used outside the specified environment or operated incor­rectly. It may demand reimbursement of expenses if no defect is found and the contractual partner did not raise the complaint without negli­gence. The burden of proof lies with the contractual partner. § 254 BGB⁸ shall apply accord­ingly. If vir2store finally refuses the subse­quent perfor­mance or if this finally fails or is unrea­sonable for the contractual partner, the contractual partner may either withdraw from the contract within the scope of Clause II. § 4 or reduce the remuner­ation appro­pri­ately and additionally claim damages or reimbursement of expenses according to Clause II. § 9. The claims shall become time-barred in accor­dance with Clause II. § 10.

§ 8 Legal deficiencies

• 8.1. vir2store warrants that the contractual use of the standard software by the contracting partner does not conflict with any rights of third parties. In the event of defects of title, vir2store shall warrant by providing the contractual partner with a legally unobjec­tionable possi­bility of using the standard software or equiv­alent software at its discretion.
• 8.2 The contracting party shall inform vir2store immedi­ately in writing if third parties assert property rights (e.g. copyrights or patent rights) to the standard software. vir2store shall support the contracting party in its defense against the attacks of the third party by providing advice and infor­mation. Clause II § 7 para. 2, 6, 7 shall apply accordingly.

§ 9 Liability

• 9.1 Unless otherwise provided for in these GTC including the following provi­sions, vir2store shall be liable in the event of a breach of contractual and non-contractual oblig­a­tions in accor­dance with the statutory provisions.
• 9.2 vir2store shall be liable for damages – irrespective of the legal grounds – within the scope of fault-based liability in case of intent and gross negli­gence. In case of simple negli­gence vir2store shall be liable subject to a milder standard of liability according to statutory provi­sions (e.g. for care in own affairs) only a) for damages resulting from injury to life, body or health, but limited to the compen­sation of the foreseeable, typically occurring damage.
• 9.3 The limita­tions of liability resulting from para. 2 shall also apply to breaches of duty by or in favor of persons whose fault vir2store is respon­sible for according to statutory provi­sions. They shall not apply if vir2store fraud­u­lently conceals a defect or has assumed a guarantee for the quality of the goods and for claims of the contractual partner under the Product Liability Act.
• 9.4 The contractual partner may only withdraw from or terminate the contract due to a breach of duty that does not consist of a defect if vir2store is respon­sible for the breach of duty. A free right of termi­nation of the contractual partner (in particular pursuant to §§ 651⁹, 649 BGB¹⁰) shall be excluded. Otherwise, the statutory require­ments and legal conse­quences shall apply.

§ 10 Statute of limitations

• 10.1 The limitation period shall be 
  • a) one year from delivery of the standard software in the case of material defects for claims for repayment of the purchase price from withdrawal or reduction, but for duly notified defects not less than three months from submission of the effective decla­ration of withdrawal or reduction;
  • b) one year for other claims arising from material defects;
  • c) two years for claims arising from defects of title, if the defect of title does not lie in a right of a third party on the basis of which the third party can demand the return of the items specified in Clause II § 1 para. 5 or can demand the cessation of their use;
  • d) in the case of claims for damages or compen­sation for futile expenses not based on material defects or defects of title, two years; the period begins at the time at which the contractual partner became aware of the circum­stances giving rise to the claim or should have become aware of them without gross negligence.
• 10.2 The limitation period shall commence at the latest upon expiry of the maximum periods specified in § 199 BGB¹¹ . However, in the case of compen­sation for damages and expenses arising from intent, gross negli­gence, warranty, fraud­ulent intent and claims under the Product Liability Act, the statutory limitation rules shall always apply.

§ 11 Beginning and end of the contractual partner’s rights

• 11.1 Ownership of the delivered goods and the rights under Clause II § 2 shall not pass to the contractual partner until the contractual remuner­ation has been paid in full. Prior to this, he shall only have a provi­sional right of use which is only subject to the law of oblig­a­tions and revocable pursuant to para. 2.
• 11.2. vir2store may terminate the rights according to Clause II § 2 for good cause under the condi­tions of Clause II § 6. Good cause shall be deemed to exist if vir2store, taking into account all circum­stances of the individual case and weighing the interests of both parties, cannot reasonably be expected to allow the Standard Software to remain with the contractual partner in the long term, in particular if the contractual partner violates Clause II § 2 in a substantial manner. If the rights according to Clause II § 2 do not arise or if they end, vir2store may demand from the contracting partner the return of the objects provided or the written assurance that they have been destroyed, furthermore the deletion or destruction of all copies of the objects and the written assurance that this has been done.
  

§ 1 Object of the contract, scope of services

• 1.1 The subject matter of these contractual terms and condi­tions is the delivery of vir2store hardware, irrespective of whether we manufacture the vir2store hardware ourselves or purchase it from suppliers (§§ 433¹², 651 BGB¹³).
• 1.2. Clause II § 1 para. 2 to para. 4, para. 6 shall apply accord­ingly to the scope of services.

§ 2 Delivery, transfer of risk, accep­tance, default of acceptance

• 2.1 Delivery shall be ex warehouse, which shall also be the place of perfor­mance for the delivery and any subse­quent perfor­mance. Upon request and at the expense of the contracting partner, the vir2store hardware shall be shipped to another desti­nation (sale to desti­nation). Unless otherwise agreed, vir2store shall be entitled to determine the type of shipment (in particular trans­portation company, shipping route, packaging) itself.
• 2.2 The risk of accidental loss and accidental deteri­o­ration of the vir2store hardware shall pass to the contractual partner upon delivery at the latest. In the case of sale by delivery to a place other than the place of perfor­mance, however, the risk of accidental loss and accidental deteri­o­ration of the vir2store hardware as well as the risk of delay shall pass to the contracting party already upon delivery of the vir2store hardware to the forwarding agent, the carrier or any other person or insti­tution desig­nated to carry out the shipment. If accep­tance has been agreed, this shall be decisive for the transfer of risk. The statutory provi­sions of the law on contracts for work and services shall also apply accord­ingly to any agreed accep­tance. If the contractual partner is in default of accep­tance, this shall be deemed equiv­alent to handover or acceptance.
• 2.3 If the contracting partner is in default of accep­tance, if he fails to cooperate or if the delivery of vir2store is delayed for other reasons for which the contracting partner is respon­sible, vir2store shall be entitled to demand compen­sation for the resulting damage including additional expenses (e.g. storage costs). For this we charge a lump sum compen­sation in the amount of We shall charge a lump sum compen­sation of 1% of the purchase price per week, but not more than a total of 5% of the purchase price, starting with the delivery deadline or – in the absence of a delivery deadline – with the notifi­cation that the vir2store hardware is ready for shipment. The proof of a higher damage and the statutory claims of vir2store (in particular reimbursement of additional expenses, reasonable compen­sation, termi­nation) shall remain unaffected; however, the lump sum shall be set off against further monetary claims. The contracting partner shall be entitled to prove that vir2store has not suffered any damage at all or only a signif­i­cantly lower damage than the afore­men­tioned lump sum.

§ 3 Retention of title

• 3.1 vir2store shall retain title to the sold vir2store hardware until full payment of all present and future claims of vir2store arising from the purchase contract and an ongoing business relationship (secured claims).
• 3.2 The vir2store hardware subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the secured claims. The contracting partner shall immedi­ately notify vir2store in writing if an appli­cation for the opening of insol­vency proceedings is filed or if third parties have access to the hardware belonging to vir2store (e.g. seizures).
• 3.3. vir2store shall be entitled to withdraw from the contract in accor­dance with the statutory provi­sions and/or to demand the return of the vir2store hardware on the basis of the retention of title in the event of a breach of contract by the contracting partner, in particular in the event of non-payment of the purchase price due. The demand for return does not at the same time include the decla­ration of withdrawal; vir2store shall rather be entitled to demand only the return of the vir2store hardware and to reserve the right to withdraw from the contract. If the contracting partner does not pay the purchase price due, vir2store may only assert these rights if vir2store has previ­ously set the contracting partner a reasonable deadline for payment without success or if such setting of a deadline is dispensable according to the statutory provisions.
• 3.4 Until revocation pursuant to c) below, the contracting partner shall be autho­rized to resell and/or process the vir2store hardware subject to retention of title in the ordinary course of business. In this case, the following provi­sions shall apply in addition. 
  • a) The retention of title shall extend to the full value of the products resulting from the processing, mixing or combining of our vir2store hardware, whereby vir2store shall be deemed the manufac­turer. If, in the event of processing, mixing or combi­nation with goods of third parties, their right of ownership remains, vir2store shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In all other respects, the same shall apply to the resulting product as to the vir2store hardware delivered under retention of title.
  • b) The contracting partner hereby assigns to vir2store by way of security the claims against third parties arising from the resale of the vir2store hardware or the product in total or in the amount of vir2store’s possible co-ownership share pursuant to the preceding paragraph. vir2store accepts the assignment. The oblig­a­tions of the contractual partner mentioned in para. 2 shall also apply with regard to the assigned claims.
  • c) In addition to us, the contracting partner shall remain autho­rized to collect the claim. vir2store under­takes not to collect the claim as long as the contracting partner meets his payment oblig­a­tions towards vir2store, there is no deficiency in his ability to pay and vir2store does not assert the retention of title by exercising a right pursuant to para. 3. If this is the case, however, vir2store may demand that the contracting partner informs vir2store of the assigned claims and their debtors, provides all infor­mation required for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment. In this case, vir2store shall also be entitled to revoke the autho­rization of the contractual partner to further sell and process the vir2store hardware subject to retention of title.
  • d) If the realizable value of the securities exceeds the claims of vir2store by more than 10%, vir2store shall release securities of vir2store’s choice upon request of the contracting partner.

§ 4 Contract commitment and termi­nation of contract

Clause II. § 4 apply accordingly.

§ 5 Remuner­ation, payment

Clause II § 5 apply accordingly.

§ 6 Oblig­a­tions of the contracting party

Clause II § 6 para. 1 applies accordingly.

§ 7 Material defects

Clause II § 7 apply accordingly.

§ 8 Legal deficiencies

Clause II § 8 apply accordingly.

§ 9 Liability

Clause II § 9 apply accordingly.

§ 10 Statute of limitations

Clause II § 10 apply accordingly.

§ 1 Object of the contract, scope of services

• 1.1 The subject matter of these contractual condi­tions is the mainte­nance of standard software, which comprises the following services to be rendered by vir2store:
  • a) Further devel­opment: vir2store shall further develop the standard software with regard to quality and modernity, adapt it to changed require­ments, eliminate errors in order to maintain the quality owed according to the software purchase contract, and provide the contractual partner with new versions of the standard software resulting therefrom. Minor functional enhance­ments are also included.
  • b) Troubleshooting and support: vir2store shall support the contractual partner by providing infor­mation on the use of the software. Support is available to the contractual partner in particular via the hotline … 24 hours a day, 7 days a week.
• 1.2 Software mainte­nance shall be provided in accor­dance with the respective state of the art and in such a way that it is oriented towards the interests of all software users. The services shall only be provided in relation to the latest and the immedi­ately preceding software version delivered by vir2store.
• 1.3. vir2store may deliver the new standard software in the same way as it was permitted for the first delivery according to the software purchase agreement or by making the new version electron­i­cally acces­sible to the contractual partner. In the event of a change in the state of the art, vir2store reserves the right to change the delivery.

§ 2 Rights

• 2.1 The contractual partner shall have the rights specified in Clause II § 2 to the standard software provided to it within the scope of mainte­nance. However, it may only ever use one version productively.
• 2.2 He may carry out tests and training with the new version prior to productive use. He may keep and use earlier versions of the standard software after the end of the productive use for documen­tation and for emergencies; this, however, not longer than one year after delivery of a new version of the standard software. vir2store hereby grants him the necessary rights for this.

§ 3 Perfor­mance time

The times for error correction start with the error message and are based on the error classes according to Clause II § 7 para. 4. A shift to a lower error class can also be achieved by vir2store showing ways to avoid or work around problems.

§ 4 Remuner­ation, payment

• 4.1 The remuner­ation for the software mainte­nance shall be – unless otherwise agreed – … The remuner­ation shall be invoiced in advance for each calendar quarter and shall be payable immedi­ately after invoicing.
• 4.2. vir2store may demand additional remuner­ation for services which the contractual partner caused due to the failure to fulfill an oblig­ation pursuant to Clause IV § 5 or which became necessary due to incorrect operation or incorrect software environment or which the contractual partner additionally requested.
• 4.3 Value added tax shall always be added to the remuneration.

§ 5 Oblig­a­tions of the contracting party

• 5.1 The contractual partner shall report faults, errors and damage immedi­ately. The report may initially be made verbally, but must be repeated in writing no later than the next working day. It shall contain a classi­fi­cation into the error classes in accor­dance with Clause II. § 7 para. 4 from the point of view of the contractual partner and must be suffi­ciently precise to enable vir2store to start recti­fying the fault in a targeted manner. It may only be submitted by a person who has the necessary knowledge of the standard software and profes­sional quali­fi­ca­tions and who has been desig­nated in writing to vir2store by the contracting party as autho­rized to report errors.
• 5.2 The contracting party shall keep the employees who handle the standard software trained. It shall contribute to the elimi­nation of errors by providing employees, infor­mation, rooms, devices, programs and telecom­mu­ni­ca­tions equipment, by properly documenting the data processing proce­dures, by backing up the data in accor­dance with the state of the art and by logging the proce­dures in the vicinity of the fault as accurately as possible.
• 5.3 The contractual partner shall allow vir2store access to the standard software and the delivery of new standard software via data lines. He shall establish the necessary connec­tions for this purpose.

§ 6 Liability

Clause II § 9 apply accord­ingly.

§ 7 Statute of limitations

The warranty period shall be 12 months beginning with the complete accep­tance of the services in accor­dance with Clause IV § 1. Otherwise Clause II § 10 para. 2 shall apply accordingly..

§ 8 Contract duration

The contract has a minimum term of one year and is automat­i­cally extended by a further year if it is not termi­nated by one of the two contracting parties with six months’ notice to the end of the contract. Clause II. § 4 applies to termi­nation for good cause. Any termi­nation must be in writing in accor­dance with § 126 BGB¹⁴ (German Civil Code) to be effective.

Footnotes, links and explanations

Used legal publi­ca­tions. (All links go to oficially provided translations)

BGB (Bürger­liches Geset­zbuch) is the Book of German Civil Code.

HGB (Handels­ge­set­zbuch) is the Book of Commercial Code.

UrhG (Urheber­rechts­ge­setze) is an Act on Copyright and Related Rights.

1. § 14 BGB ↩︎
2. § 354a HGB ↩︎
3. § 321 BGB ↩︎
4. § 14 BGB ↩︎
5. § 69e UrhG ↩︎
6. § 323 para. 2 BGB ↩︎
7. § 377 HGB ↩︎
8. § 254 BGB ↩︎
9. § 651 BGB ↩︎
10. § 649 BGB ↩︎
11. § 199 BGB ↩︎
12. § 433 BGB ↩︎
13. § 651 BGB ↩︎
14. § 126 BGB ↩︎