Provision and Maintenance of DC-Software Standard Software by DC-Software GmbH
Valid from 01 May 2022
1. Validity and Conclusion of Contracts
The only way to order the contractual services is by acceptance of a written offer from DC-Software and by signature of the Customer or by means of a written order from the Customer. Any annexes exceeding the scope only become part of the contract if express reference is made to them in the DC-Software offer or a DC-Software order confirmation.
The General Terms and Conditions of DC-Software GmbH as well as the Licence Agreement shall apply. If a service contract was concluded, the Software Service Agreement of DC-Software GmbH shall apply.
2. Prices and Terms of Payment
All prices are exclusive the statutory value added tax (VAT).
The prices are due for payment immediately after delivery of the products and receipt of the invoice and are payable without deduction.
3. Scope of Delivery
We deliver the software stipulated in the purchase contract to the Customer. Any support and maintenance services are subject to a separate agreement and additional remuneration.
At the time of the transfer of risk, it is warranted that the software does not have any defects which nullify or significantly reduce its value or its suitability for the contractually stipulated use of the software under the contract.
The warranty period for software is six months. It starts to expire at the time of the delivery of the software. During this period, we will provide diagnosis and correction of defects. The Customer, however, undertakes to notify any detected defects immediately in writing and he/she will accept even repeated correction of defects by DC-Software GmbH prior to asserting any claims for reduction in price, recission or compensation of damages.
5. Reservation of Title
The ownership of the software and the data carrier will not pass over to the Customer until the remuneration owed has been paid completely. If the Customer maintains a continuous business relationship with DC-Software GmbH, the obligation to fully pay the remuneration owed is replaced by the obligation to pay all amounts due to DC-Software GmbH.
In the event of a delay in payment or other significant breaches of contract by the Customer, DC-Software GmbH is entitled to demand the return of the software under reservation of title even if DC-Software GmbH does not resign from the contract.
6. Customer Information
DC-Software GmbH fulfils its information and warning obligations through publications on the Internet at www.dc-software.de and via Customer information sent electronically to Customers. Any claims against DC-Software GmbH for damages that could have been avoided if the Customer had taken notice of the relevant information in due time are excluded. The regulations concerning liability remain unaffected.
Our liability to the customer covers intent and gross negligence, the missing of warranted properties and the breach of decisive contractual obligations by DC-Software GmbH. We are also liable for claims in accordance with the Product Liability Act. All other cases are excluded.
The Customer’s general terms and conditions will not become part of the contract.
The place of jurisdiction is Munich in Germany.
Licence Agreement Concerning the Use of the Software
9. Licence Conditions
Upon full payment of the agreed licence fee, the Customer (Licensee) acquires the non-exclusive right to use the software products of DC-Software GmbH (Licensor) for the intended purpose and in accordance with the scope stipulated hereafter. All rights going beyond the afore-mentioned ones remain with the Licensor. The source code of the DC-Software Software is not part of the contract.
DC-Software is entitled to verify the use of the DC-Software Software by asking the Customer for a written self-disclosure (generally once a year). DC-Software may also carry out remote surveys for verification purposes, insofar as a self-disclosure was refused or no meaningful results were transmitted to DC-Software therein and objective indications of a violation of rights by the Customer exist.
If it becomes apparent in the self-disclosure or in any other way that the use of the DC-Software software by the Customer exceeds the contractual agreements, a contract must be concluded with DC-Software for the additional purchase of required licences. In this respect, DC-Software reserves the right to refuse agreed discounts that exceed the contractually agreed volume discounts in this case.
A single-user licence allows the Customer the use the software of DC-Software GmbH on a single workstation at a time at any location within the country for which the licence was purchased, provided it is used within the same legal entity.
An installation on multiple workstations is generally permitted. Simultaneous use of the software on different workstations requires additional licences, however.
The single-user licence can be moved between locations.
The prices for multi-user licences are specified in our current price list.
11. Transfer of Software
Prior to transferring the software, the Customer must apply in writing for approval by DC-Software GmbH. The transfer of software is subject to the payment of a fee. The transfer of individual licences is not permitted. All licences acquired by the Customer may only be transferred as a whole. The current Licensee must ensure that he/she hands over all program copies to the future Licensee and deletes them from his/her mass storage media. The Customer's right of use terminates with the transfer of the software.
12. Reproduction of Software
The reproduction of the software to the extent necessary for the orderly backup of data is generally permitted. The Licensee undertakes to adopt all measures required to prevent any unauthorised reproduction of the software and any unauthorised transfer of reproduced versions to third parties.
The Customer must not apply any changes to the software products other than those authorised by Art. 69e of the German Copyright Act (particularly not edit, reverse engineer or extract parts of the software) and he/she must not use this software as a basis for the development of other software unless this was agreed in a separate contract with the Licensor. Neither has the Customer the right to remove from the program any brand names, trademarks, copyright notes and other notes and measures protecting the program.
14. Contractual Penalty
For each case of breach of one of the afore-mentioned contractual obligations, the Customer undertakes to pay a contractual penalty that is at least five times as high as the licence fee for the relevant program according to the current price list.
Natural persons or legal entities who possess and use unauthorised copies of the software of DC-Software GmbH for commercial purposes will have to pay a contractual penalty that is twice as high as the sum of all list prices for the software of which they possess and use unauthorised copies.
15. Software Service Agreement (SSA)
The Licensee may conclude a Software Service Agreement (SSA, Maintenance Contract) for the purchased software. The SSA must always be concluded for the totality of purchased programs. In connection with an SSA, all updates are free of charge. You can find further information on the SSA in the section “Software Service Agreement”.
16. Update of Existing Programs
Customers who have not concluded an SSA will receive new program versions as part of a purchase contract via an update. The price of the update depends on the change of the program’s performance.
17. Service & Support
The service hotline is generally free of charge for Customers that have concluded an SSA. Customers without SSA have the right to use our hotline free of charge for the purchased licences during three months after the purchase of a new program. The purchase of an update does not entitle the Customer to acquire support free of charge.
You can find the telephone numbers and the availability times the DC-Software service team on the internet at www.dc-software.com.
Software Service Agreement of DC-Software GmbH
18. Subject Matter
The Software Service Agreement (SSA) comprises the maintenance of the current program versions. Maintenance of the software in the sense of the SSA means the following:
- Adjustment to technical modifications in the operating system
- Adjustment to modifications of the currently applicable calculation methods
- Functional extensions of the programs
The customer is not entitled to modifications to former program versions.
The Software Service Agreement comprises the following services:
- Automatic updates of all programs used under the licence. The number, the time of availability and the content of the updates are at the sole discretion of DC-Software GmbH.
- Free service hotline for telephone enquiries, enquiries via e-mail and direct web enquiries via the program. The available support refers to software problems arising during the use of the programs. Any further consultation services concerning the solution of structural problems with the program or general IT problems are not defined as support and are not included in the SSA. DC-Software sales partners provide first-level support for their customers. In case of problems with a higher level of difficulty, DC-Software processes partner requests with regard to their customer installations as a second-level support.
- Direct access to the DC-Software Service area and to FAQs including the possibility to download the current program versions from the internet.
- Subsequent purchase of additional programs with a discount on the current list prices. The discount is only granted with SSAs exceeding a specified minimum volume (see price list).
- Participation in training courses for the individual programs at a reduced rate per day.
20. Execution of the Agreement
If new program versions require an adjustment of the Licensee’s hardware or operating system, he/she must ensure these measures on his/her own behalf prior to the installation of the update. The Licensee is not entitled to receive maintenance of his/her version of the program used in combination with a special operating system.
21. Discontinuation of Programs
If individual programs are removed from the portfolio of DC-Software GmbH or the software maintenance scope the Licensee is not entitled to replacement. The service fee will be recalculated with consideration of the discontinued program.
The service fee for the totality of the software DC-Software GmbH used by the Licensee is invoiced as an annual amount. The calculation of the service fee is based on the prices defined in the price list. The regulations concerning multi-user access are stipulated in the price list.
The service fee is payable once per year after the conclusion of the contract.
The terms of warranty stipulated in the Terms and Conditions of Business apply to the software.
Maintenance and support are to be considered as services rendered on the basis of this agreement. DC-Software GmbH does not owe the successful solution of the problem due to the advice given or other services rendered by its service team to the Customer.
24. Term of a Software Service Agreement
The duration of the agreement is unlimited. Either party can terminate the agreement by written notice one month before the end of the year or the end of a minimum term specified in the agreement.
After expiry of the minimum contract term, the agreement is automatically extended by one year at a time and can be terminated by either party with a notice period of one month to the expected new term of the agreement. If the customer is significantly in default of payment, DC-Software GmbH is entitled to terminate the Software Service Agreement.
The notice of termination must be transmitted in writing to the other party.
The General Terms and Conditions of Business of DC-Software GmbH shall apply
DC-Software Doster & Christmann GmbH
District court München HRB 95721
Manager: Markus Gallenberger