Appendix
User Manual Falk Navigator
- 59 -
5. Another exception to the prohibition on reproduction is the creation of a back-up copy,
where this is necessary to safeguard future use of the software exclusively for personal use
as assumed by the contract. This copy must be explicitly identified as a back-up copy and
may only be used as such. It must remain in the possession of and be kept safe by the
Licensee.
§ 3
Transferring
1. The Licensee is prohibited from hiring out the software, data and/or the accompanying
material to third parties as part of commercial activities.
2. The Licensee is prohibited from making the software, data and/or the accompanying
material accessible to third parties as part of commercial or non- commercial activities,
circulating it and/or passing it on to the public.
3. The Licensee shall, however, be entitled to transfer the original data carriers including the
software, data and the accompanying material if
a) he has deleted the installed software and all possible pools of data which may have been
saved and any back-up copies which may have been made,
b) the third party pledges in writing to the Licensors directly that he will abide by these
licence terms and conditions,
c) this written declaration of consent is sent to the Licensor and
d) the Licensee has handed over the software, data and the accompanying material in full to
the recipient without retaining any copies whatsoever.
§ 4
Warranty
1. The Licensee must report obvious defects within an appropriate set period of time and in
writing with a precise description of the defect. Defects must be reported – at the discretion
of the Licensee – exclusively to one of the Licensors mentioned above. Reports of obvious
defects which are delayed or unsubstantiated shall release the Licensor from his obligations
to provide a service to correct the defects. However, in the event that the Licensor becomes
involved with unsubstantiated reports of defects which are raised through gross negligence
or deliberately, he shall be entitled to invoice the Licensee for the costs associated with this.
In the event that the Licensee is a trader, he must, above and beyond his obligation arising
from sentence 1, examine the items delivered and services provided by the Licensors
immediately and report any defects found immediately in writing and with as precise a
description of the defect as possible.
2. The Licensor guarantees that the program functions can be executed without any errors in
accordance with the program specifications and contract documents. Errors which only result
in a negligible reduction in the usability of the software shall not entitle the Licensee to
reduce the amount paid for the granting of the usage rights to the subject matter of the
contract or to withdraw from the contract.
3. Beyond the claims under the warranty, the Licensee has no claim against the Licensor for
updates to the software and/or data.
