Appendix
User Manual Falk Navigator
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4. The Licensor shall fulfil his warranty obligations in the event of material defects by
providing a subsequent service, specifically at his discretion by correcting the defect or
supplying a replacement product. A subsequent service may be performed in particular by a
new version of the program being handed over or by the Licensor indicating possible ways of
preventing the effects of the defect. A new version of the program must be accepted by the
customer if this results in an acceptable level of adjustment for it. If the subsequent service
provided fails to work, if the Licensor is late in providing it, refuses to do so or if the
subsequent service is unacceptable to the Licensee in an individual instance, the Licensee
shall be entitled, at his discretion, to withdraw from the contract or to demand a reduction in
price. Claims for compensation are governed by § 5.
5. If, by way of exception, the Licensor has promised or demonstrated characteristic features
of the software, the data, the accompanying material or the data carriers expressly or in
demonstrating the characteristic feature in his own advertising or has fraudulently failed to
disclose defects in these items, paragraphs 2 and 4 above shall not apply. In this case, § 5
paragraph 1 a) shall apply accordingly.
6. A warranty on the part of the Licensor shall not exist in cases of functional impairments
which result from the hardware and software environment provided by the Licensee,
incorrect operation, incorrect, improper commissioning, use and/or treatment of the subject
matter of the contract by the Licensee, external defective data or other reasons which stem
from the Licensee’s area of risk, as well as from improper maintenance, alterations and/or
inappropriate repairs made by the Licensee or third parties and also from natural wear and
tear, unless the Licensee is able to demonstrate that the defect is independent of this.
§ 5
Liability
1. The Licensor shall pay compensation or refund wasted expenditure, no matter what the
legal ground for this is, only to the following extent:
a) if the Licensor, his legal representatives or vicarious agents have acted with deliberate
intent and if a guarantee has been provided in full in respect of the agreed quality;
b) if the Licensor, his legal representatives or vicarious agents have acted with gross
negligence with respect to the level of the predictable loss which is typical for the contract
and should be prevented by the duty to exercise due care;
c) in other cases only when a substantial contractual obligation is breached and when there
is a delay, specifically for reimbursement of the typical and predictable loss.
2. Statutory liability in the event of culpable loss of life, physical injury or damage to health
and in accordance with the German Product Liability Act shall remain unaffected.
3. The Licensor shall be at liberty to claim contributory negligence.
4. If any data is lost, the Licensor shall only be liable for losses which would have occurred
even if the Licensee had backed up his data properly.
§ 6
Term of the contract
1. The contract shall run for an indefinite period of time.
2. The Licensor is entitled to withdraw permission to use the software for a good reason at
any time. A good reason shall be deemed to exist in particular if the Licensee fails to comply
with the restrictions on use stipulated in § 2 or breaches the terms and conditions for passing
on the software laid out in § 3 and does not stop this behaviour immediately even after
receiving a written warning with a threat of withdrawal.
