ID 442426.04
291
WE KEEP THINGS MOVING
Communication
14
Manual SD6
price list of the supplier shall apply, according to which services are
invoiced according to person-days and hours plus the expenses
incurred.
3.2. In the event of an unjustified notification of defects, the supplier can
invoice the Customer for the time taken for the troubleshooting on the
basis of the current price list, in particular if the Customer reports a
fault that cannot be demonstrable or reproducible, or if the fault is not
attributable to the supplier.
4. Rights to Software
4.1. All intellectual property rights to the software supplied to the
Customer and to the work results, including the documentation (e.g.
copyrights, trademark rights, technical property rights), in the
relationship with the Customer shall be due to the supplier, even if
and insofar as the work results are obtained on the basis of the
specifications from or in cooperation with the Customer. The supplier
grants the Customer a simple, non-exclusive right of use to the
software supplied. The Customer shall only be entitled to use the
software for its own purposes in conjunction with the SD6 drive
controller.
4.2. The Customer may make the requisite number of backup copies of
the software, all of which, however, must bear the supplier copyright
mark and subsequently be kept safely. The Customer may decompile
the software and parts thereof (such as interface information) only
within the limitation of § 69e German Copyright Act (UrhG) and only
when this intention is notified to the supplier in writing with a
reasonable period of notice for provision of the necessary
information. Information on the source code shall thereby be subject
to the strictest confidentiality, irrespective of whether it was provided
by the supplier or a third party or became known during the course of
decompilation. Furthermore, modifications to and editing of the
software (modification, reverse engineering, decoding, translation,
etc.) shall require the prior written authorization of the supplier.
4.3. If the software was supplied to the Customer electronically, any
passing on of the software by the Customer to third parties – whether
or not against payment – shall not be permitted without the prior
written authorization of the supplier.
4.4. The supplier grants the rights of use to the software initially only
revocably subject to a condition precedent of complete remuneration
or payment and can, in the event of a delay in payment and after
fruitless expiry of a reasonable grace period, revoke the granting of
the rights of use to the extent to which no remuneration or payment
has been received.
5. Updates
The supplier shall send updates to the Customer electronically or shall offer
the update for downloading on the company's website. A physical data
medium, the source code and the installation on the Customer's premises
are not owed. The updates can contain additional functions, whereby the
Customer shall have no claim to the implementation of specific functions
within the scope of the updates. The supplier shall thus decide alone on the
type, scope and frequency of updates for the software of the supplier. In all
other points, the provisions of § 4 shall apply analogously.
6. Testing of Supplied Software
Before use in production, the software supplied must be adequately tested
by the Customer. The contractual software and the documentation supplied
must be examined immediately on receipt and any faults discovered
reported in detail in writing. § 377 German Commercial Code (HGB) shall