Status: April 2019
Copyright 1987 - 3/31/2023
Dr. Sommer Werkstofftechnik GmbH
2. ProvisionDSW provides the software in its current version on a server for access by the customer through the World Wide Web. The scope of services and the quality of the software are defined in the service description in the underlying contract. DSW may make changes to the software or updates at any time without notice to the customer as long as there is no significant reduction in the scope of performance. The number of accesses and thus software users per customer is based on the contractual agreement on which the provision is based. If access is provided for test purposes and free of charge, DSW may withdraw it at any time without notice. Access data provided must be changed immediately to data known only to the user. The Customer is obliged to provide the correct and complete data of the intended user of the access requested during registration.
3. Permitted useUpon full payment of the contractually agreed usage fee due, the customer shall receive the simple, non-exclusive, non-sublicensable and non-transferable right to use the software, which is limited to the term of this agreement. Each access may only and exclusively be used by a named natural person (named user principle). The customer undertakes and is liable for the fact that the recipient of the access data of an access exclusively uses it himself. The software is not transferred to the customer. The customer may only use the software for his own business activities. An access provided for test purposes may not be used for own or third party commercial purposes. The customer may not modify the software. In particular, he is not entitled to examine its functionality by means of so-called "reverse engineering", to decompile it, to break it down into its components and/or to use it as the basis for the creation of his own software programs. The customer may not carry out any attacks or load tests with the software which may reasonably be expected to impair the performance of the software. The customer shall be liable for ensuring that the software does not become illegal or violate the law. used for purposes that violate official regulations or requirements or corresponding data, in particular created and/or stored on the server or locally. Software made available for test purposes is subject to the same permissible use, with the exception that the use may not serve any commercial purpose of the customer
4. Application dataAll data that arises during the term of the contract from the permitted use of the software provided is application data. All rights to this data are exclusively entitled to the customer.
5. Technical conditions of accessThe requirements depend on the respective system requirements, which also become part of the contract. The customer shall be solely responsible for the provision and necessary configuration (e.g. allowing pop-ups) of the necessary hardware and software (e.g. an Internet-capable computer with an Internet connection and a valid current browser) on the customer's side and for the telecommunications connection between the customer and the computer centre where DSW operates the software, up to the point of delivery.
6. intellectual propertyDSW's customer shall not be entitled to any rights that are not expressly granted to the customer by DSW in the applicable terms and conditions. This license agreement does not grant any property rights/intellectual property rights or comparable rights to the software. All intellectual property rights remain with DSW even after the license has been purchased in accordance with this License Agreement. In particular, the Customer shall not be entitled to use the software beyond the agreed scope or to have it used by third parties or to make it available to third parties without written permission from DSW. In particular it is not permitted to copy, sell or transfer the software to third parties for a limited period of time, and in particular not to rent or lend it out.
8. AvailabilityDSW owes the availability of the software and application data at the transfer point. The availability is 99.5% annual average, based on twenty-four hours a day, seven days a week. Excluded from the availability are downtimes due to maintenance and software care, in particular planned unavailability, as well as times during which the software cannot be accessed due to technical or other problems beyond DSW's control (e.g. force majeure, fault of third parties, etc.). DSW shall remedy the defects of the software reported by the customer within a reasonable time.
9. Duties of the customerThe customer shall ensure that the software is used exclusively within the scope of the permitted use according to No. 3 and shall protect this permitted use by taking appropriate and necessary measures. This applies in particular to the use of each access only by one person (Named User). Customer shall inform DSW immediately if he suspects that the access may be used by unauthorised persons. The Customer shall ensure that the authorised users are bound by the provisions of this Agreement. The Customer shall notify DSW in writing of any impairments to the use of the software that he believes should be remedied by DSW. In the report the Customer shall describe as concretely as possible the existing impairment of use, in particular the conditions under which it occurs, symptoms and effects. At best, the customer combines these with meaningful screenshots. Customer shall ensure that all third-party rights are observed when handling the software and any data contained or created. This also includes ensuring that data protection is given the necessary attention when using the software and that any necessary consents for data processing are obtained. The customer shall ensure that his own backups are made at appropriate intervals. (backups) of its application data. This does not affect DSW's obligation to make calendar day backups.
10. User feeUser fees and scope of use (number of users and scope of functionality) are contractually agreed or are based on DSW's offer. Other services such as user support or training require a separate contractual agreement. All remuneration is owed plus value added tax at the statutory rate applicable in each case and is payable in advance for the respective agreed accounting period.
11. Data protection and securityBoth DSW and the Customer shall observe the applicable data protection regulations and shall oblige their employees and/or users employed in connection with the Contract and its implementation to observe these regulations or shall ensure that they do so. The services under this Contract shall be provided by DSW as commissioned data processing on behalf of the customer, provided that the data to be processed is personal data. The customer is the client and the responsible body within the meaning of the Federal Data Protection Act. DSW is obliged to keep personal data processed on behalf of the customer confidential and to process it only in accordance with the customer's instructions. These instructions must be given in writing in good time. DSW will collect and use customer-related data only to the extent required for the execution of this contract. The customer agrees to the collection and use of such data to this extent. DSW shall protect the services and systems provided and the application data and, if applicable, other data stored by DSW in the access of the customer or of the customers against unauthorised access, storage, modification or other unauthorised access or attacks of any kind. For this purpose DSW shall take the appropriate and customary measures that are required in accordance with the state of the art, including virus protection and protection against malicious software and other backups including protection against intrusion. The aforementioned obligations shall continue to exist beyond the end of the contract for a further five years; personal and customer-related data shall be protected without limitation. The customer shall be entitled to satisfy himself of compliance with data protection requirements and other handling of personal data by DSW in accordance with the law and the contract in the context of the operation of the software under this contract. The parties shall inform each other in good time about the time and nature of the inspection.
Copyright 1987 - 3/31/2023
Dr. Sommer Werkstofftechnik GmbH